NRS 201.085: Paternity Fraud—Definition, Penalties, and FAQs
The words paternity and fraud are something most people don’t think about or even realize exists. However it does exist and the people who pay the ultimate price are the children.
Some individuals may choose not to become parents, avoiding the responsibility of raising a child. Others, however, may long for a child so deeply that they go to great lengths to have one. Adoption and fertility treatments offer pathways to parenthood, but the high costs of these options make them inaccessible for many.
Falsifying a paternity test might be a way to either not be held responsible for an unwanted child or to gain paternity of a child someone might not otherwise be able to have.
Paternity, child support, and custody laws can be complex and overwhelming, often adding emotional strain to an already sensitive situation.
People do strange and often illegal things when emotions are high and children are involved. Taking paternity tests for false results either in favor of or against paternity is one of those things. In Nevada, it is a crime to falsify paternity tests either for or against paternity.
If you have been charged with this crime, you’ll need to hire a defense team who understands the complex issues of paternity and custody issues.
The Defenders is a criminal defense law firm with attorneys who have successfully defended clients facing a wide range of charges. Our team is committed to providing the best legal representation to protect your rights and ensure a fair trial. Contact our team today for a free case evaluation.
What is Paternity Fraud?
Under NRS 201.085, the crime of paternity fraud occurs when a defendant who was ordered by the court to take a paternity test or a defendant who agreed to take a paternity test for purposes of determining if a child belongs to him takes steps to try and defraud the test for purposes of preventing a determination that he is the father of the child.
If someone knowingly helped another in defrauding a paternity test they can also be held accountable.
Also if you aid another to render paternity results that are inaccurate can also be charged with the crime.
For example taking paternity for another to insure false results can result in charges.
After the test, if someone is determined to be the father of the child the court will require that the child receive support. If the father fails to provide support for the child he can be charged with other criminal offenses, nonsupport of a spouse, former spouse, or child.
The laws aim to ensure that children are supported by both parents regardless of the situation.
Failure to Provide Child Support
The reason that people may try to commit paternity fraud is because they don’t want to be responsible for a child they maybe didn’t plan on or even want.
However, most states including Nevada want to make sure children get the support they need.
Failing to provide financial support for a child is considered only a misdemeanor—surprisingly—unless the amount owed exceeds $10,000 or $5,000 in cases where there are prior convictions.
If support is ordered and unpaid of more than $10,000 or $5000 with previous convictions then the defendant could be convicted of a category C felony.
Defenses Against Paternity Fraud
The Defenders will use the most strategic defenses to fight against the charges of paternity fraud.
With each case being different our team will establish the best defense for your particular case. In our expertise our staff believes that the best defense against paternity fraud is that you had no intent to defraud.
Fraud is a crime of intent. You must intend to commit fraud for you to be guilty of the crime.
If you had no intent then you shouldn’t be found guilty. If our team can demonstrate that there was no intent then the charges should be dismissed.
Penalties for Paternity Fraud
Paternity fraud, while deeply unethical, is classified as only a gross misdemeanor in Nevada, carrying the following penalties:
- Up to 364 days in jail and/or
- Up to $2000 in fines
However, this might also be seen in family court as well as criminal court.
Family court sees cases of child support .
The family court judge may impose additional fines and child support payments in addition to the penalties for the actual fraud.
Am I Responsible if I Don’t Know or Want the Children in Question?
In Nevada, you are generally considered legally responsible for a child that you don’t know about or didn’t want.
This means you might be obligated to provide child support even if you are not involved in the child’s life. The only way to avoid this is to legally terminate your parental rights via the courts.
Terminating parental rights is not easy and requires specific circumstances and legal grounds.
For example, if someone else was going to adopt the child then you might be able to terminate your rights in order for the other party to adopt the child. In this case, the other party then becomes the person financially responsible for the child.
In Nevada, paternal responsibility is established even if you are not in the child’s life.
If you are the biological father, you may be legally obligated to provide child support. To confirm paternity, the court can mandate a paternity test. If you refuse to comply with the court’s order, you may face criminal charges.
Can I Refuse a Paternity Tests in Nevada
Besides paternity fraud associated with misinformation on paternity tests, people often assume that you are not required to submit to these tests. However, you cannot refuse a court ordered paternity test.
Failure to comply can result in fines, contempt of court charges and other penalties. The court may also enter a default judgement against you or assume that the outcome would be unfavorable to you if you refused the test.
The goal of the laws regarding paternity is the best interest of the child.
Getting Help from The Defenders
If you have been charged with paternity fraud a Nevada defense attorney can provide representation to you.
It is recommended that you don’t try and fight these charges alone.
Paternity fraud and failure to pay child support can result in serious legal consequences, including criminal charges and appearances in family court. Offenders may face penalties such as mandatory child support payments, fines, or even imprisonment.
It is important that you understand the charges against you as well as the ramifications of these charges. To avoid these serious charges and penalties a defense team like The Defenders will use experience and strategic defense strategies to make the smartest decision when it comes to your case.
Our team will investigate the case against you to determine the best course of action to try and achieve the best outcome.
The Defenders will provide you with all available options to you with the evidence available to negotiate the best possible outcome.
Call The Defenders today to speak with our team of expert lawyers to discuss your case.
Frequently Asked Questions
Can I go to jail for paternity fraud in Nevada?
Yes, paternity fraud in Nevada can result in serious legal consequences. While it is classified as a gross misdemeanor, the penalties can include up to 364 days in jail and fines of up to $2000. Additionally, the case may also proceed in family court, where further financial obligations such as ongoing child support may be imposed. Seeking legal representation is crucial to ensure the best possible outcome.
What happens if I refuse a court-ordered paternity test?
Refusing a court-ordered paternity test in Nevada can lead to significant legal consequences. The court may impose fines, hold you in contempt, or even enter a default judgment against you, assuming the outcome of the test would not be in your favor. Noncompliance can also result in additional penalties, so it is critical to adhere to the court’s orders to avoid further complications.
Can I terminate parental rights to avoid child support in Nevada?
Terminating parental rights to avoid child support is difficult and typically only allowed under specific circumstances, such as another individual adopting the child. Courts generally prioritize the best interest of the child, meaning you could still be legally obligated to provide financial support if termination is not granted. Consulting with an experienced attorney can clarify your legal options and help guide you through this process.
What is the difference between family court and criminal court in paternity cases?
Family court primarily addresses issues related to child support, custody, and parental obligations, whereas criminal court handles charges like paternity fraud or unpaid child support exceeding certain thresholds. Depending on the circumstances, paternity-related cases can involve both courts, leading to combined penalties such as financial restitution and criminal sanctions.
How can a Nevada defense attorney help in a paternity case?
A Nevada defense attorney can provide invaluable assistance by analyzing the evidence, building a strategic defense, and guiding you through complex legal proceedings. Whether defending against paternity fraud charges or addressing issues of unpaid child support, an experienced attorney will work to protect your rights and achieve the best outcome for your case. It is highly recommended to seek legal counsel as navigating these cases on your own can lead to severe penalties.
