Legal Question in Family Law in Florida
Form 12.901(b)(1) Petition for Dissolution of Marriage with Dependent or Minor Child(ren) section 4 Dependent or Minor Child(ren) choice c says "The minor child(ren) born or conceived during the marriage who are not common to both parties are:" I thought Florida law recognized all children born into an intact marriage to be common regardless of biological paternity? That is what I was told with regard to child support was that it didn't matter that I was not the biological father. Legally, I was considered the father. So why do I have the option to list them as "not common" and when should that be used or not used? Also, if we already filed a Family Law Financial Affidavit for child support, does one have to be resubmitted with this petition per section 5?
2 Answers from Attorneys
The two categories are not quite the same; this is a good question. The financial affidavit is asking about children born into the marriage in which this case or pleading or petition involves, but which child is not the husband's natural child or the wife's natural child. Maybe this example will help: Joe and Suzy are legally married. Suzy gets pregnant by her boyfriend, Tom. Joe and Suzy remain married throughout her pregnancy and are married when the baby is born. After the baby is born, one of them files a family law petition which requires a financial affidavit. The baby is born into a marriage, but is not common to both parties.
Florida law says that baby is legitimate.
A financial affidavit has to be submitted with each petition that requires one, unless the financial affidavit is so recent that filing another would be silly. So if a child support petition was filed, say last week, then you probably don't have to file a new one. But if it's been more than a month, then you probably need to do a new one.
1. Fill out the form accurately as required.
2. Yes you have to prepare another affidavit
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