Legal Question in Family Law in Florida
Hello,
My husband of 11 years was married for 3 years before we got married, it ended in divorce 1992. In the divorce decree (from the state of Indiana; the ex now lives in Ohio and we live in Florida) it says:
"That during the course of the marriage a minor child was born to the Petitioner, but the parties are in agreement that said child was not born as the fruit of this marriage and that the Respondent should have no responsibilities with regards to payment of support, nor shall he be entitled to any privileges of visitation with said child�"
and
"IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Respondent shall have no responsibilities for the support and maintenance of a certain minor child born during the course of this marriage� "
My husband and I have now contacted his presumed daughter (she is now 19) and have established a connection with her. We all want to do a paternity test (non legally binding boccual swap test) for both of theirs sake, so they will finally know for sure.
Our concern is the ex wife and mother of the child. She is a bit unstable and we would not be surprised if she tried to do something. Does she have any legal rights in the area of child support? She was the one assuring the child was not my husband's, but we don't know. We want to have a relationship with the child and care for her now when she can finally legally get in contact with us without her mother's approval.
What are the ramifications? Can the ex sue my husband for past child support, or is the divorce decree legally binding, what about res judicata and collateral estoppel, ect?
Thank you.
KJ
1 Answer from Attorneys
Under Florida law, the DNA test would not effect the judgment, so there would be no child support applicable. Child support stops at 19 in Florida, anyway. But you may want to speak with an Indiana lawyer to be certain.