Wednesday, August 20, 2014

What to do when DNA proves you are NOT the father and you are paying child support


A recent headline from England caught my attention:

Man can't get refund on £31,000 child support payments despite DNA proving he's NOT father

In the story, a man is seeking a refund from the government of the child support he paid for a child that DNA proves is not his. I'm not sure how the legal process works in England, but in Florida a judge must find that you are the biological father of a child before a child support order can be entered.

When served with a paternity suit, many men will dispute that they are the father of the child. This is what they should do, since you can never know for sure without the test. There are two other things that these men do: (1) ignore the papers, or (2) admit that they are the father. Doing either of these things will eventually lead to the judge holding that you are the biological father of the child - even though there was no DNA test.

Admitting that you are the father eliminates the legal need for the test. By ignoring the papers, you are waiving your right to request a test. If you later find out that you are not the biological father of the child, you must file a Disestablishment of Paternity action to terminate the child support obligation. There are very specific requirement when bringing such a case. You should consult with a Jacksonville Family Law Attorney to explain the requirements.

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