DNA Tests And How A New Law Could Help Some Men Get Out Of Paying Child Support :

In Florida if a wife gets pregnant while married, her husband is the legal father of the child, even if he did not father the child. Many fathers have been “stuck” paying child support for a child born during their marriage even though they are not the biological father.

In 2006 father’s rights groups were successful in getting new laws passed so that husbands do not have to pay child support for a child they did not father. The statute also applies when a child is born and the “alleged” father and mother are not married.

To disestablish paternity or terminate child support for a child that is not biologically his, the male must file a petition in the court and serve the mother of the child. The petition must include the following:

a. An affidavit that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of child support obligation. (this means DNA test results).

b. The DNA test results are done within 90 days of filing the petition showing that the petitioner cannot be the biological father of the child.

c. The petitioner is current on previously ordered child support or if not current, stating the reasons for being delinquent on paying child support.

The court must determine at a hearing all of the following to be true:

a. Newly discovered evidence relating to paternity has come to petitioner’s knowledge since paternity was established or child support was established.

b. That the DNA testing was properly done

c. The man is current on paying child support or can justify why he is not current on paying child support.

d. The man has not adopted the child.

e. The child was not conceived by artificial insemination while the man and mother were married to each other.

f. The man did not act to prevent the biological father of the child from asserting his paternal rights regarding the child.

g. The child was under age 18 at the time of filing the petition.

The court will not set aside the paternity or child support court order if the man engaged in any of the following conduct after learning that he is not the biological father of the child:

a. Married the mother of the child and voluntarily assumed the parental obligation to pay child support.

b. Acknowledged his paternity of the child in a sworn statement.

c. Consented to be named as the child’s biological father on the child’s birth certificate.

d. Voluntarily promised in writing to support the child and was required to support the child based on that promise.

e. Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded, or

f. Signed a voluntary acknowledgement of paternity.

If the petition is granted, the relief is limited to prospective child support only. Credit for retroactive child support previously paid cannot be awarded by the court.
If you want to find out more about how to protect your legal rights visit attorney Scott Stadler’s family law website. Learn about the legal process from beginning to end. Be prepared.