Legal Question in Family Law in Florida
2nd part to child support for a child who is not yours
my step-son is paying child support (state deducted from his paycheck) for a child that is not his. He was married to the mother when she became pregnant (he was in prision at the time) and signed the birth certificate. He is not the biological father. The mother no longer has custody ( her parents do). His wages are being garnished for a child who is not his. He does not live in the same state. What can he do to prove that the child is not his and stop paying for this child? He has limited means especially since the deducation of child support. Please advise.
This was the original question....
Now I find out that the divorce decree was Dissolution of Marriage Without children. She has remarried. Does this help prove that he is not the father.
1 Answer from Attorneys
Re: 2nd part to child support for a child who is not yours
It's easy to prove that he isn't the biological father. In a paternity lawsuit, he takes a DNA test. It's harder to prove he is not legally responsible, since he was married to her when the child was conceived. He really needs a lawyer's help. He doesn't want to screw this up or it could cost year's woth of child support.
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