Legal Question in Family Law in Florida

Paternity

Part 1.

I my X live in girlfriend filed for child support and sent the summons to the address of my wife who I was legally separated from for over 3 years. I summons was handed to my 14 year old son who was simply asked do you know '' so and so'' (me) of course he does he is my son but so do hundreds of other people ''know me''. I never lived at the the address that the summons was served to and the address was intentionally provided to the courts by X girlfriends out of spite. She knew my correct address because I was still receiving her bank statements via mail.

Which resulted in 1 angry (now) X wife who trashed summons and ! default judgment which I found out about years later at a traffic stop.

Part 2.

I never met this child who is who is now 6 years old and I had a vasectomy 10 years ago As of the last test I requested 1 year ago I have a zero sperm count. the problem is the Dr's office has lost my file and the only proof I have is the referral form which the office still has.

1. Can I have the default judgment set aside for improper service?

2. Can I successfully file a motion for scientific discovery? (child is 6 years old now)


Asked on 3/05/09, 10:45 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Paternity

1. Probably. Service on a 14-year-old is improper in Florida and service on anyone where you don't live is not valid.

2. You can probably contest the judgment since you just learned about it. (I'm assuming. You didn't exactly say that. If you learned about it a while ago, there is probably nothing you can do about it, depending on how long ago the traffic stop was.) The judge should allow you to have a DNA test.

You should speak with a lawyer right away.

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Answered on 3/05/09, 11:45 am


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