Legal Question in Family Law in Florida
Child support for a child that is not his
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 deduction of child support. Please advise.
1 Answer from Attorneys
Re: Child support for a child that is not his
When he got his divorce, he should have disputed that the child was his. The law says that a husband is liable for pregancies that occur during the marriage.
He can still file a lawsuit disputing paternity, but signing the birth certificate may have destroyed his denial. He needs to get a family lawyer.
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