Legal Question in Family Law in Florida

back child support

can i be ordered to pay back child support for a child that i have not had a paternity test on and is 18 years old now? his mother told me that i was a father to her son at the age of 5! i told her that i will take a paternity test and do the right thing, but with this, i in return would like to have shared parental custody so i can see the boy! i haven't heard from her since that day, until saturday. she called me up, to let me know that she was living in jax, florida again and my son is 18 now! very confused, she says she doesn't want anything from me, but i don't know if i believe her! if she wanted child support from me, why wouldn't she have enforced that years ago? this is all i know, i might have a son that i have never saw, and this angers me! so my question is, is she entitled to back support from me, for a child that i don't even know is mine, and a order of support was never issued!


Asked on 10/13/08, 10:16 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: back child support

You have no right to any custody or visitation for an 18 year old. An 18 year old is emancipated and has the right to visit with you or not.

Since you've never been ordered to pay support before, you have a right to a DNA to see if he is really yours. If he is, you will probably be ordered to pay back support for the two years before the lawsuit was filed (with the two year clock stopping when he turned 18 or graduated high school, whichever is later).

I know you're upset, but why didn't you do something about this when he was 5?

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Answered on 10/13/08, 11:42 pm


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