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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Significant other has just been served with child support

Customer Question

Significant other has just been served with child support petition for a child in FL he was not aware of. I am helping him respond and now that we have 20 days. We are in CA.
JA: Thanks. Can you give me any more details about your issue?
Customer: Mother of child is requesting child support and to name him on the birth cert in the state of FL. He wants to get paternity test to confirm, but even if it is determined he is the biological father he wants nothing to do with the mother or the child. Child was born in 2004. She is claiming deficit on the FL paperwork of 950.00 for covering family and expenses. BUT, she also indicates that there are other children.
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Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
He does realize that if he is required to pay child support he will comply, BUT he is very clear on not being named on the birth cert.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to pay support paternity has to be established. So he needs to file an objection to child support and paternity in the FL court and this will force the court to order a paternity test. He will then have to supply them with proof of all of his income so they can calculate support if he is found to be the father.
There is no statute of limitations on this claim, as the child is under 21, so he is going to need to get an attorney and objection. In FL, because the courts there do not favor pro se litigants, I strongly urge you to have him get a local attorney to represent him in this matter.
Customer: replied 10 months ago.
Thank you. Can he use a CA attorney to represent him or does it need to be a FL attorney?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply. I am so sorry for the delay, I had an emergency to tend to that took me away for much longer than I expected.
No, he must use a FL attorney I am afraid. He can find a good FL Family Law attorney at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 10 months ago.
Thank you. One clarification, does my significant other have a choice NOT to be named on birth certificate, even if results determine he is biological father?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
No, I am afraid not. If he is found to be the father, he would by law have to be listed on the birth certificate.