Legal Question in Family Law in Florida
I just found out that I have a 10 year old from a woman that has been married for the past 9 years (the kid also has the husbands last name). Now her and her husband, who have 5 kids total, have filed for child support in Florida through the DOR. I have a wife, who is a full time student, and 3 kids that I'm supporting in my household. My kids are all under the age of 10 and I'm currently the only breadwinner while my wife is in school. I was wondering if a judge would consider the cost of providing for my household when calculating child support for this child I never knew about?
2 Answers from Attorneys
Unfortunately, all that's considered when calculating child support under Florida's system is your income, the mother's income, the cost of daycare (aftercare), health insurance, and any court-ordered child support you pay for other children. The current expenses you have for your own family are not accounted for.
You may want to consider petitioning for visitation or custody.
You might want to find out why this child has her current husband's last name. Did they adopt this child? If he is on the birth certificate they have no standing to file an action against you. I would suggest you file a paternity action to see if this is your child first. Contact your nearest legal aid office and see if you qualify for a pro bono attorney. Otherwise, contact an attorney in your area and see if you can work out a payment arrangment. You need an attorney for this action.
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