Grundy County man isn't the father, asks justices to refund child support

2012-04-10T16:00:00Z 2012-04-11T03:43:17Z Grundy County man isn't the father, asks justices to refund child supportBy MIKE WISER, michael.wiser@lee.net Waterloo Cedar Falls Courier
April 10, 2012 4:00 pm  • 

DES MOINES --- A man who paid child support wants his money back after discovering the child isn't his. The Iowa Supreme Court will take up his case today.

Joseph Dier wants Cassandra Jo Peters to repay child support Dier paid to care for her daughter, Olivia Jean Dier.

Dier claims Peters fraudulently allowed him to believe Olivia was his daughter even though Peters knew the girl wasn't his.

The couple never married, and Dier said he found out Olivia wasn't his biological daughter only after paternity tests when he attempted to gain full custody.

Under Iowa law, Dier has no claim on Olivia Jean because the parties never married and she is not his biological daughter.

Dier took Peters to court in Grundy County for reimbursement, but Iowa does not have a paternity fraud law and his case was dismissed.

Attorney Chad Kepros, who heads the Iowa State Bar Association's family law section, said paternity fraud hasn't garnered much attention in the Legislature or among practicing attorneys.

"I don't believe we've seen something proposed (in the Legislature) this year," Kepros said.

Nonetheless, Kepros said, how the court handles the case could have a definite impact on civil and family law.

Justices will hold hearings tonight in Pleasant Valley High School in Bettendorf.

It is the fifth time this session justices will hear arguments outside Des Moines. In May, October and November, the court was in Cedar Rapids, Mason City and Carroll, respectively. In March, justices went to Council Bluffs.

Steve Davis, communications officer with the Iowa Judicial Branch, said the travel gives people an opportunity to see the court work and members of the court to see the state. Justices typically also host a public reception.

"The turnout has been very good," Davis said. "We average about 300-400 people a visit."

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(9) Comments

  1. healthwkr
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    healthwkr - April 19, 2012 9:52 pm
    PBinLosAngeles said: "When people say things like "More men should be as stand up as he is" it tells me that people still believe that Dad runs away with his secretary; nothing could be further from the truth. Fact 1:In U.S. divorce and custody cases, mothers are awarded primary physical custody of minor kids(when they're involved) over 90% of the time, not 1/2 or 3/4's of the time, over 90%. Fact2:In Calif. alone we have over 8,000 guys paying support for kids DNA evidence has proven they didn't father; why? Same reason as in Iowa; Quota! Cut those men loose, and the State's risk losing the MASSIVE Federal Funds they get each year for their child support collection and case management efforts, your Form 1040 folks. Funds that, not incidentally, NEVER make their way into the lives of children of divorce or impoverished kids, no. Instead, those funds pay salaries, benefits, vacation time, and pensions of those employed by or retired from the Child Support Collection Industry, period! Fact 3: That may not seem so bad, but consider this: The ONLY Federally Funded Study ever conducted on the subject of child support showed that men pay (see Fact 1)between 83 and 91% of all court ordered child support in the U.S. and that they do so without intervention of any kind. When these figures became apparent, the Director of the department who'd ordered the study, had it DISCONTINUED! No, we're talking about money here people, BIG money, and I'm going to help Joe any way I can to get some of his back! Anybody know the biological father? "

    In fact she knew who the father was the whole time. Joe loves that little girl to death. He did and still would do anything for her. It is sad to have to see him go through this. He was a great father to her. The system is very flawed to not have a law on this.
  2. From Waterloo
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    From Waterloo - April 16, 2012 12:03 pm
    I feel bad for the "would be" father to find out he is not the biological father. It is a shame for him that she had relations ships elsewhere ending with this result! I hope Social Services looks into why he was requesting full custody for the sake of the little girl. If she is in a poor environment, I would contact the biological father first to see if he wants her, if NOT then the "would be father" would be granted temporary custody if he still desires this. All decisions should be made in the interest of the child. As far as money paid in, if the mom knew all along he wasn't the father, she should be charged with fraud!!!!!!!!!!!!!
  3. PBinLosAngeles
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    PBinLosAngeles - April 12, 2012 2:32 pm
    When people say things like "More men should be as stand up as he is" it tells me that people still believe that Dad runs away with his secretary; nothing could be further from the truth. Fact 1:In U.S. divorce and custody cases, mothers are awarded primary physical custody of minor kids(when they're involved) over 90% of the time, not 1/2 or 3/4's of the time, over 90%. Fact2:In Calif. alone we have over 8,000 guys paying support for kids DNA evidence has proven they didn't father; why? Same reason as in Iowa; Quota! Cut those men loose, and the State's risk losing the MASSIVE Federal Funds they get each year for their child support collection and case management efforts, your Form 1040 folks. Funds that, not incidentally, NEVER make their way into the lives of children of divorce or impoverished kids, no. Instead, those funds pay salaries, benefits, vacation time, and pensions of those employed by or retired from the Child Support Collection Industry, period! Fact 3: That may not seem so bad, but consider this: The ONLY Federally Funded Study ever conducted on the subject of child support showed that men pay (see Fact 1)between 83 and 91% of all court ordered child support in the U.S. and that they do so without intervention of any kind. When these figures became apparent, the Director of the department who'd ordered the study, had it DISCONTINUED! No, we're talking about money here people, BIG money, and I'm going to help Joe any way I can to get some of his back! Anybody know the biological father?
  4. SarahA50701
    Report Abuse
    SarahA50701 - April 12, 2012 1:26 pm
    badsanta said: "No paternity fraud law? How about regular fraud then, she misrepresented the facts for financial gain, how is this legal, regardless of why or for whom she was fraudulent? A test should be SOP when a mother points a finger at a "father", and he should have had a test at the time, its far less costly than support payments. "

    I couldn't agree with you more! As for why didn't he push it when the girl was born? Maybe he WANTED to believe that she was his. Maybe he was unaware of any reason to believe she wasn't? People today aren't exactly faithful as a whole, but is EVERY man supposed to have a paternity test? Should my husband have had our girls tested? Should every husband have their children tested? Obviously this guy is a stand up guy. He has paid his support and even went as far as trying to gain custody. He deserves his money back. That's the least this mother can do for his broken heart. He deserves a big pat on the back too. More men should be as stand up as he is.
  5. RUNNING4ACURE
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    RUNNING4ACURE - April 12, 2012 11:18 am
    EASY ANSWER!
    MAURY POVICH SHOW!
  6. badsanta
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    badsanta - April 12, 2012 10:25 am
    No paternity fraud law? How about regular fraud then, she misrepresented the facts for financial gain, how is this legal, regardless of why or for whom she was fraudulent?

    A test should be SOP when a mother points a finger at a "father", and he should have had a test at the time, its far less costly than support payments.

  7. jakenichols
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    jakenichols - April 12, 2012 4:48 am
    The system just favors the women. Thats how it always works. It is set up to be like that.
  8. chatty1
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    chatty1 - April 10, 2012 6:31 pm
    I wonder why, considering their circumstances, he didn't have a paternity test done after the child was born? Hopefully, the court will realize that the money needs to come from the mother to repay him, or even the biological father. If they know who he is.....
  9. IowanAtheist
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    IowanAtheist - April 10, 2012 4:16 pm
    Unfortunately cases like these seldom win -- people are concerned about the welfare of the child, and are reluctant to do anything that would hurt the child -- including forcing the mother to pay up, even though that is the fair thing to do -- pay it back, plus interest. If needed, the state could use the same rules the 'father' had to abide by to determine the minimum payments.
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