Legal Question in Family Law in Florida

child support situation

Hey there. I am actually writing on behalf of my brother, because he does not have access to a computer.

In April of 2004, he learned that he had a child by a ''one night'' situation - the child was 2 years old at the time he found out about it. Well, upon learning about the child, he talked to the mother and worked out a payment situation. But her mother decided that she wanted to run him dry and now the court is demanding an unreasonably high amount a month, PLUS back shild support from the past two years. Now, he can barely make enough to support himself, but now he has this incredibly high child support payment to make a month.

He just called me today and told me that they just took his ENTIRE check this week and now he cannot even afford to pay his rent...or even buy himself food to eat. He can't afford to get a lawyer to fight for him, so he is in a stuck situation. Is it really legal for the welfare dept to take ALL of his money like that and leave him with absolutely nothing??? They had my father's social security #, phone number and address for 18 years, and he never had to pay a dime, but my brother, who is TRYING to be a decent father, is getting screwed over.

Any advice???


Asked on 6/04/05, 1:39 pm

3 Answers from Attorneys
WENDY HAUSMANN LAW OFFICES OF WENDY A. HAUSMANN

Re: child support situation

The advice of the other 2 atty's is right on. EXCEPT that if your bro has already legally "acknowledged" paternity, he may be "estopped" at this point from asking for a DNA test.

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Answered on 6/08/05, 6:04 pm
David Slater David P. Slater, Esq.

Re: child support situation

Has paternity been proven?

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Answered on 6/05/05, 8:02 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child support situation

Federal law prohibits the taking of more than 50% of his after tax income for child support. The exception is that the court may authorize either 70 or 75%. He should contact the payroll department and request that they refund some of his money. As the other attorney he should have a paternity test done. If he is not the father he is not liable for child support.

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Answered on 6/07/05, 10:30 pm


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