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In Florida can the non-biological father have child support filed on hi if he was married to the mother before the baby was born

Helena, GA |

trying to get a divorcee an she is tryin to file child support on me ven tho the child is not mine an we where married wen she was 7months pregnant an we know who the real father is but sents we are trying to get a divorcee she is trying to putt child support on me we were married for a year and a half an im now living in Georgia have been for 4months we was married in Florida

Attorney Answers 2


  1. A child born while the two of you atre married is legally presumed to be yours. In a divorce and in a child support case you will be made to pay child support unless you disprove paternity. Taht willl require two things: (1) you have to ger a lawyer and should have already hired one, and (2) you will have to request and probably pay for DNA testing. This is an issue you should have raised in your ansswer and counterclaim (hopefully in the first 30 days of your case.)

    Whatever you do, you need a lawyer, and you need him yesterday. Drop whatever you planned for Friday and hire one. This is an emergency that requires your immediate attention.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. I agree with my colleague that having a child born during the marriage gives rise to the presumption that you are the biological father. You will need to disprove this with a paternity test.

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