Do You Feel You've Been Held Responsible for Child Support Unjustly?
Florida has a series of statutes that allow a parent to disestablish paternity of a child. Chapter 742 of the Florida statutes contains provisions on the procedures for doing this. This series of laws was designed to address the growing problem of fathers being sued for support for children that they were not the genetic parents of. The procedure can be complex and should not be tried by someone without a child support attorney. However, assuming the proper proof is provided, such as DNA testing, Florida courts have the power to order that a prior birth certificate or support order is no longer effective because the father was not genetically the parent of the child.
However, how does this statute address child-support obligations? Candidly, the Florida legislature did a bad job of drafting this statute. The way it is written and recently interpreted, a court only has authority to cancel ongoing child support. It has no authority to cancel arrearages. How is this possible? Because of bad law writing. Perhaps this problem will be corrected down the road, but persons who suspect children are not theirs need to be quick with their rights and file a request for disestablishment of paternity in order to avoid this problem. LaBovick Law Group has a division dedicated to assisting fathers with disestablishing paternity and fighting fraud by the mother in claiming a child is theirs.