Legal Question in Family Law in Florida

paternity and child support

I am going through a divorce. My husband is not the biological father of my child but has been awarded temporary custody. Can the court order me to pay child support without a paternity test?


Asked on 8/08/07, 1:02 pm

2 Answers from Attorneys

Re: paternity and child support

It has nothing to do with paternity. Your husband was automatically the legal father when the child was born. Your having to pay child support is because YOU are the other legal parent and the guidelines show that you owe child support to the custodial parent. You would owe child support if a grandparent or someone else had custody. It has nothing to do with the other person; it has to do with YOU being the mother and not having custody.

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Answered on 8/08/07, 1:16 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: paternity and 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.

Child support is based on the need for both parents to contribute to the support and care for a minor child. It has nothing to do with paternity if a man has assumed the role of the father in the child's life.

Scott R. Jay, Esq.

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Answered on 8/08/07, 1:25 pm


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