What is disestablishment of Paternity in Orlando, FL and who does it apply to? We have talked about this in the past. Although it was not common in the past it is an issue we are starting to see happen more frequently. If you find yourself in a position where you have been ordered to pay child support on a child that is not biologically your child there maybe something you can do about it.
Florida Statute 742.18 discusses disestablishment of paternity or termination of child support obligation. The Statute spells out the requirements and steps that must be done to attempt to do so. Florida Statute 742.18(1) states that the Statute states that the Petition must be served on the Mother or legal guardian or custodian as well as the Department of Revenue; as well as what circuit court and county the case must be filed in depending on the situation; and what must be attached to the petition.
Pursuant to Section 742.18(1) it states that the Petition must include:
a. An affidavit executed by the Petitioner 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 a child support obligation.
b. The results of a scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within 90 days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the father of the child for whom support is required, or an affidavit executed by the petitioner stating that he did not have access to the child to have scientific testing performed prior to the filing of the petition.
c. An affidavit executed by the petitioner stating that the petitioner is current on all child support payments for the child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due.
Please note that if you did not have access to the child to obtain a DNA test a motion will have to be filed requesting that a DNA test be done. That DNA test would have to come back indicating that you are not the Father in order for the case to move forward.
If you have more questions regarding paternity in Orlando, Floridayou may contact Michael Ferrin, Esquire or Victoria Anderson, Esquire of Anderson & Ferrin, Attorneys at Law, P.A. at 407-412-7041 to set an initial consultation.
This article is for informational purposes only. It does not form an attorney client privilege.