Legal Question in Family Law in Florida

Paternal Rights

My husband has had an affair resulting in the woman becoming pregant. After the baby is born if she demands support I know we would need to have him tested to prove he is the father first. If he is, how would the court determine amount of support? Does he take into consideration both our incomes or only that of my husbands, and what if we only make enough between the both of us to support our existing family? What if we decide that we would like to take custody of the child, has this ever happened? I'm sorry this is more than one question. Thank you for your information.


Asked on 11/27/01, 11:54 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Paternal Rights

Based on the information provided, you are advised that, if your husband does not acknowledge the child, a paternity test could be required. Child support is based on the needs of the child and the incomes and property of the two parents. Florida has Support Guidlines to determine support. Added support may be necessary if the child has special needs: medical, educational, childcare, etc. Generally, your income will not be included in the support calculation. You are advised to consult with a family law attorney who can advise you regarding specific issues.

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Answered on 11/28/01, 11:31 am


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