Legal Question in Family Law in Florida

Last year my boyfriend was issued a child support order for a child that he has no involvement with. After several months of not being able to pay because he lost his job he reached out to the child's mother and she said that her fiance had always planned on adopting the child that she would alleviate him of his current child support if he paid her all the arrears that is owed. First question is since the man raising the kid is a fiance, we were told that he can only adopt the child if they are married ...is that correct? Can she still let him off of his financial obligation to the child without the child actually being adopted? And finally would this not be considered extortion to say that thay have always planned on adopting the child and will gladly let him go of his responsibility every month IF he pay all the arrears? A little background: this child was conceived while she was with her current fiance and from the beginning it was always stated that if the child ended up being his she wouldn't go after him because her boyfriend wanted to be the father. The child support order ended up being state required because she applied for state assistance and at that point she finally gave them the name of the actual biological father. I don't know if because it is a state issued child support order if she is able to just go to the state and saying "okay we made an agreement stop making him pay"?


Asked on 2/20/16, 4:12 pm

3 Answers from Attorneys

Robert McCall Law Office of Robert McCall

I do not answer third party questions. Recommend the BF state his own question.

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Answered on 2/21/16, 6:21 am
John Smitten Carey and Leisure

If she and the fiance are married then a step-parent adoption is a lot easier.

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Answered on 2/22/16, 2:57 am
Lucreita Becude Lucreita D. Becude, P.A.

Is this man the biological father? Did you have a DNA test done? If the fiance is the father, then your bf needs to file a petition to disestablish paternity since there is a question that this man could be the father.

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Answered on 2/22/16, 6:55 am


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