If the father signed the birth certif and a dna test shows he is not the father does he still have to pay child support?

Attorney answers (3)

1. Licensed in FL

   

   Lucreita Becude

   Jacksonville Family Law Attorney

   Contributor Level 14

   1

   Helpful vote

   Answered June 20, 2010 15:48. If he signed the birth certificate and were married at the time, then he is responsible for the child support because the presumption in Florida is that he is the father. As to a boyfriend, I suggest you file a modification and eliminate him as the father from the birth certificate so that you can obtain support from the state.

   • Mark as helpful
   • Flag
2. Licensed in FL

   

   Ayuban TomasPro

   Miami Tax Lawyer

   Contributor Level 20

   

   EmailVisit website

   Answered June 19, 2010 18:01. Assuming you are willing to co-operate with him, you can file for a modification with the court and they can adjust the order to reflect your wishes.
   
   THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

   • Mark as helpful
   • Flag
3. Licensed in FL

   

   Earlynn Stillwell

   Pensacola Car / Auto Accident Lawyer

   Contributor Level 11

   Answered June 21, 2010 09:48. If there was a prior order adjudicating paternity, he needs to file a motion to disestablish paternity under florida statute 742.18 Disestablishment of paternity or termination of child support obligation.--(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides.

   • Mark as helpful
   • 1 comment
   • Flag