Paternity Fraud in Nevada

Paternity fraud are for cases when the father is forced to pay child support (in some cases, alimony) to the mother, even though she knows that the child isn’t biologically his, or if the mother is claiming that the man is the biological father.

Who can be charged with paternity fraud?

  • The biological father falsifying the documents, either by tampering with it or having an accomplice to do it;
  • The mother claiming that the man is the biological father through the use of falsified documents, even if she knows he is not the real father;
  • Any accomplice/s who participated in the fraud by knowingly assisting, aiding, abetting, soliciting, or conspiring in favor of the alleged father or the mother.

Penalties

If found guilty by the court, paternity fraud is a gross misdemeanor in Nevada and be convicted with the following sentences:

  • Receive a 1 year jail sentence;
  • Fines reaching $2,000.

The court may also order the defendant (only the “father”) to pay child support.

Defending against paternity fraud

These defenses are commonly used in paternity fraud cases. Usable by both the “father” or the mother.

  • The prosecution has to prove that the defendant is really the father of the one who is pregnant or gave birth. They can request results from the doctors who performed the test. If the doctor who originally performed the test isn’t reliable, they can order the “father” to take another test through another doctor.
  • If the defendant is the mother, the mother should have evidence that he really is the biological father.
  • The defense can argue that the prosecution’s evidence is not enough.
  • If the persecution can prove that the defendant did have false records of the paternity test but the conduct was not willful. It could be the case of someone else falsifying the documents to “help” them.

What you can do to help your case

  • Collect any documents and receipts regarding child support.
  • Record statements from their neighbors if they have seen other men or women entering their property or if they have other relationships.
  • If the mother moved somewhere with the child unannounced.

Hire Ross Goodman for your paternity fraud case

Even without the jail time and fines associated with being convicted of paternity fraud, you can still be sued in civil court to pay for the damages and be ordered to pay for child support and/or alimony, so needless to say, it will be expensive in the long run. Get an experienced Las Vegas NV criminal defense attorney to defend you and contact us, so we can help you with your case, and possibly have your charges lowered or acquitted.


References:
https://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec085