Contesting Child Support & Paternity

by Ericka from Orlando, Florida, Orange County

My fiance was just served with notice, by the Fl Dept. of Revenue, that an ex-girlfriend is suing for child support.

She lives in Leon County, Florida and we live in Orange County, Florida.

The child will be 6 this November and this is the first time he is hearing of this child.

He does not believe the child is his and wants to contest the child support order and request a DNA test. The papers that were served are asking for financial information from the past two years.

He was incarcerated during that time period, therefore, he is unable to provide what is being requested. The papers must be mailed back to the main office in Tallahassee, Fl within the next few days but we are not exactly sure what all needs to be submitted.

Should he complete the financial affidavits or just send a letter contesting the child support & paternity? Should he send what is being requested and include the letter contesting the child support & paternity?

Should this information be sent only to the Florida Dept. of Revenue or does he also need to file a petition to determine paternity with the courts? What information should be included in the letter?

Answer to Florida Child Support Question

Dear Ericka,

If your fiance does not believe he is the father of this child he can contest the paternity.

The Florida Supreme Court has recently posted the forms needed to disestablish paternity, which are available on the Florida Supreme Court's website, www.flcourts.org.

The following is an portion of the instructions for the Petition to Disestablish Paternity form:

When should this form be used?

This form should be used by a man who wishes to disestablish paternity or terminate a child support obligation because he is not the biological father of the child(ren). The petition must be filed:

• in the circuit court having jurisdiction over the child support obligation; or

• if the child support was determined administratively and has not been ratified by a court, in the circuit court in which the mother or legal guardian or custodian of the child(ren) resides; or

• if the mother or legal guardian or custodian no longer resides in the state, in the circuit court in the county in which the petitioner resides.

A copy of any judgment or order regarding paternity or child support and a copy of any scientific test results showing that you cannot be the father of the child(ren) must be attached to the petition and filed with the court.

The petition must be served on the mother or legal guardian or custodian of the child(ren). If the child support obligation was determined administratively and has not been ratified by a court, the petition must also be served on the Department of Revenue.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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