Legal Question in Family Law in Florida

Child Support Questions

There is a woman who lives in Florida who alledges that my boyfriend fathered 5 of her children, (paternity is in question) while married and living with another man who she claims to be sterile. Now she's trying to persue my boyfriend for child support. Is there a legal assumption that the husband is the father, and must disestablishment of paternity happen before my boyfriend is ordered to pay child support or taken to court? I believe that the husband and woman are still married, (though may be soon getting divorced) and my understanding is he signed the children's birth certificates. How will this affect child support proceedings?


Asked on 12/13/07, 4:36 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Child Support Questions

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.

No, there is no such action as disestablishment of paternity. While there is a presumption that the man on the birth certificate is the legal father of the child, it is not fact under today's law and science. If the woman claims your boyfriend is the father, with today's science, it is easy to prove or disprove the fact by DNA. Frankly, if your boyfriend is the father of the five children, you and he need to have a long talk as he must have some knowledge of this fact or the reasons why it may be possible. If he is found to be the father of the children, he will be responsible to pay child support pursuant to the guidelines. For 5 children, it may be quite costly based on his and her income.

Scott R. Jay, Esq.

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Answered on 12/13/07, 11:21 pm
Stanley Miller Stanley M. Miller, P.A.

Re: Child Support Questions

Not to worry until some leagl action is taken against him. Then it will be complicated.

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Answered on 12/13/07, 5:41 pm


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