Legal Question in Family Law in Florida

child support

my boyfriend's ex is trying to increase the child support order of their 11 year old twins. he pays $500/month. i have a daughter by him even though he never signed the birth certificate and she doesn't have his last name. do we need to get a dna test in order to establish paternity even though he claims my child in order to prevent her from getting more money?


Asked on 5/25/07, 4:49 am

2 Answers from Attorneys

Re: child support

The issues are separate issues. (1) you do not need a DNA test if the father agrees to be on the birth certificate. He just has to sign the affidavit. (2) Whether the father has a child with someone else is not in itself a factor affecting support payments for the children of a first marriage/relationship. Support is calculated according to net income, not additional obligations.

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Answered on 5/25/07, 9:57 am
Scott R. Jay Law Offices of Scott R. Jay

Re: child support

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Being the father of your child will not affect any obligation the father has to support children from a prior relationship. I do not know how much either party earns, but $500.00 per month is very low for two children under Florida law.

Your boyfriend should review the applicable statutes to determine what is obligation might be. He can calculate his own potential liability for child support. Florida Statutes 61.30 sets forth that guidelines must be used. The statute and guidelines can be viewed at

http://dor.myflorida.com/dor/childsupport/guidlines.html

He can complete the child support worksheet to get a pretty good idea of what his liability is. If he feels the ex is not being honest with income, he will generally have a better chance contesting her actions with an attorney on his side who knows the law and how to argue the case.

Scott R. Jay, Esq.

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Answered on 5/25/07, 10:41 am


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