Currently Offering Flexible Remote Consultations For Your Safety

Handling complex divorce and family law cases in the Tampa Bay Area, including, Clearwater, St. Petersburg, Tampa, and New Port Richey
Handling complex divorce and family law cases in the Tampa Bay Area, including, Clearwater, St. Petersburg, Tampa, and New Port Richey

Using paternity to stop child support payments

| Apr 28, 2021 | Parenting Agreements |

Parenting dictates that both parties care for their children regardless of whether they are a romantic couple or not. However, the law doesn’t always obligate parents to raise children who are not their blood. Men in Clearwater, Florida, who take paternity tests may find out that they do not have to pay child support.

Contents of child support petitions that determine parentage

Child support laws in Florida allow a man to challenge a child support order if he is not the biological father of the child in question. The complainant should file a petition in court, which the custodian, legal guardian or mother of the child will receive. However, if an administrative body gave the father parentage, a circuit court where the legal custodian or guardian or mother lives will handle the petition. Additionally, the Department of Revenue should have it.

To prove that the child is not his, the complainant must provide the outcome of scientific tests that clearly show he is not the father. The complainant should carry out the tests 90 days before the petition. The complainant should also have an affidavit that indicates he has been paying past child support diligently. For parenting plans and child support plans to end, the complainant must have a legal document that says he recently found out that he is not the father of the offspring in question.

A non-biological father might still have to pay child support

Some law jurisdictions might force the complainant to continue paying child support even if the child is not his. This might be the case if the petitioner knew the parentage of the kid and yet assumed the position of a parent or if he did not ask to relinquish his duties.

If you wish to challenge a child support order by presenting a paternity test, you may have questions about the process. You may want to visit a family and divorce lawyer to learn more about all the perimeters involved in this kind of case.