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At what point can you apply for child support

At what point can you apply for child support? As soon as the baby is born? Can you still receive child support even if you are living with the father?

Also if you incur medical expenses as a result of pregnancy can you sue/request the father to pay at least half of those expenses? How would that work?

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Attorney answers (1)

Reputation Level 8
If you are not married to the father of the child, you need to have Paternity established by a court before he will have any legal obligation to support the child - even if he is on the child's birth certificate. Being on the birth certificate is only "presumptive' of Paternity, and until a court signs an Order establishing him as the natural and/or legal father of the child, you have no right to support from him - and he has no rights with respect to contact with the child. The filing is a Petition for Determination of Paternity, Parenting Plan/Time Sharing, Support and Other Relief. Scientific testing is not requiired for the establilshment of Paternity - both parties testifying to the Court is sufficient.

You cannot file a petition for Paternity until the child is born becuase under FLorida law there is no child until it is born. If you are not married, he has no oblilgation to you for medical costs. However, depending on his financial situation, he can be made responsible for the child's medical expenses once Paternity is established.

Good luck.

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