Legal Question in Family Law in Florida

Child Support/Paternity

I was in a relationship with a girl for about a month during which time we had unprotected sex. At the end of the relationship I asked if she had her period to make sure. She said yes and was not pregnant. I moved on and have now married. We have one child and one on the way. I have since been served with papers basically naming me as the father of this child and requiring me to pay $75/week support. There has been no genetic test. It is possible that I am, as we did have unprotected sex, but it is also possible I am not. If this child is mine, I can not afford $75/ week with 2 children of my own already. What, if anything, can I do about this $75/week, to assure my family does not end up on the street? Is it possible I could petition for a genetic test to rule me out? If I am the father, possibly request lower support? Would they even lower the support? I am sure they went by state guidlines, but is it really in the best interest of the children I have now to put us on the street? They did not take anything into consideration. I ignored the papers I was served, as they were not a request for genetic testing, just a financial info request. I though they surely needed PROOF I was the father before they take my money.


Asked on 6/18/02, 2:49 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Child Support/Paternity

Never ignore legal papers. You lose by default. You need legal representation to a. verify paternity and b. limit your financial exposure.

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Answered on 6/18/02, 9:50 am
Alexis Parker Alexis Parker, Esq.

Re: Child Support/Paternity

I agree with attorney Slater. It is never a good idea to ignore service of Petitions and Complaints. At the very least, one should consult with an attorney regarding the consequences of failing to respond.

Depending on the timing and facts of your case, it is remotely possible that you could find a basis for setting aside the paternity judgment and requesting a DNA test etc. If this is something you wish to pursue, you should consult with an attorney ASAP. Otherwise, you might lose any chance you have of setting aside the judgment.

Child support is modifiable upon a showing of a substantial change in circumstances. For example, if your income has decreased substantially since the support order was entered, you might be able to modify the amount of support.

You should consult with an attorney who can review all of the facts of your case and give you an opinion.

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Answered on 6/20/02, 10:04 pm


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