That's ONE way to get out of child support payments.

The Associated Press
December 13, 2004

ALBUQUERQUE — Steve Barreras’ attorney said he had never seen anything like it.

After Barreras was hauled into court, peppered with threats and demands for money for a child he adamantly denied fathering five years ago and even paid out $20,000 to support, his ex-wife was under a judge’s order to produce the child.

So last week, Viola Trevino picked up a 2-year-old girl and her grandmother off the street, promised them a trip to see Santa Claus and $50 and took the girl to court, alleging it was her daughter.

“I have seen hundreds of jury trials and I have never seen anything like this,” said Rob Perry, Barreras’ attorney.

It was the latest chapter in a bizarre case that has prompted Gov. Bill Richardson’s office to call for a full investigation.

The elaborate ruse stretched over five years and involved fake DNA evidence, a forged Social Security number and birth and baptismal certificates, court records show.

Last week, state District Judge Linda Vanzi ruled the child did not exist.

After feeding the standin daughter and her grandmother hamburgers, it seems Trevino parked near the courthouse, where she left the grandmother in the car and took the child into court.

Only when the grandmother followed her into court did Trevino admit that the child was not hers.

The 52-year-old Trevino announced to a family-court judge in December 1999 that she gave birth to a girl fathered by Barreras that September.

Barreras, 47, who says he had a vasectomy in 1998, said it was impossible . The couple had two adult children, a son and a daughter.

Paternity tests were ordered, and, in February 2001, Barreras was ordered to pay Trevino child support . Barreras continued to protest.

Trevino was ordered to bring in a birth certificate, but she did not.

Her adult daughter was even fired from a hospital after she was caught attempting to create documents pertaining to the birth of a Stephanie Trevino , according to court records.

Then another DNA paternity test was ordered, this time done by a private doctor, but Trevino did not obey the court order and instead went back to the same company where the first test was done.

Court records show that both DNA tests were done by a friend of the couple’s daughter.

Because of the DNA matches, Perry said the Child Enforcement Division of the state Human Services Department garnisheed Barreras’ paycheck , forcing him to pay child support.

“How can this happen? It is like a plane wreck caused by a cascading series of events,” he said.

Betina Gonzales McCracken, spokeswoman for the department, said her agency is not to blame because the division was only enforcing a court order for payment of child support .

When the agency got a tip that there might be fraud in this case, she said officials investigated.

Meanwhile, Vanzi’s ruling that the child does not exist has prompted reaction from Richardson’s office.

“The governor’s office has asked the Human Services for a complete report on what happened to make sure this mistake is never repeated,” said Billy Sparks, Richardson’s spokesman.