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My sons child support order was established in tx. now that…

My sons child support...

My sons child support order was established in tx . now that father lives in Al and we are in fl can I file for paternity in FL while he's in AL

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We are now in Florida the father is in Alabama

Lawyer's Assistant: Have you talked to a lawyer yet?

Court ordered child support is in tx .. have not talked to a lawyer about establishing paternity. only used a lawyer to get child support

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Answered in 14 minutes by:
10/13/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,851
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 10 months ago
ok thank you

Yes you can file here in Florida since the child lives with you there.You can file online with the state and get this going

Apply here

http://floridarevenue.com/dor/childsupport/apply.html

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,851
Experience: 30 years as a family law lawyer .
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Customer reply replied 10 months ago
thank you
Customer reply replied 10 months ago
will the father need to come to Florida ?
Customer reply replied 10 months ago
You gave me a link to child support. I receive child support already for the state of Texas. I want to do a DNA test in Florida because now all of a sudden he doesn’t think my child is his. How do I file for court order DNA and he’s in Alabama

Here he has to challenge with a paternity suit and he has to request the dna test.They already made a finding here in Texas he was the father if you got support.It's too late for him to challenge this now.You don't have to do anything here and a dna test outside of court won't stop the child support.That ship has sail;ed so to speak.If you are getting support that's his problem to go to court and he isn't going to get anywhere as paternity was already determined here in Texas if you are getting support.If you need a raise down the road sign up with Florida child support here.They can seek to modify and get you a raise.If he wants a dna test he would need to file something there in Florida and likely the court says its too late court already named him the bio dad.

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Customer reply replied 10 months ago
He defaulted on the case in Texas which led them to continue without him. He has threatened to quit his job until paternity is given. Could I file it here in Florida while he’s in Alabama

You can continue in Florida here through state child support you just sign up with them , there is small fee like $25 or so.Its cheap, you might get a raise if it has been awhile.They will go after him for contempt.

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Customer reply replied 10 months ago
The preqalifications for state help says I don’t qualify because I receive child support and help from the state. Which I was receiving before the child support. How do I establish paternity only on my own. I don’t need child support help

A Florida lawyer here, court should adopt your findings from Texas..

The Bar here covers whole state and can get you a lawyer through their lawyer referral

Lawyer Referral Service

Request A Referral Online 24/7

Phone(###) ###-####br />Monday through Friday
8:00 a.m. to 5:30 p.m.

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Customer reply replied 10 months ago
I need a lawyer to do a DNA court order

Yes here you are because you started in Texas and moved to Florida and its not a fill in the form thing.Thats why I suggested state child support.I would give them a call first, I understand you are outside their criteria but they should take you on here anyway since you have relocated.If you have no luck with them you would need a lawyer for dna test/paternity proceeding. And bio dad here may get custody/visitation rights if he wants them assuming he is the father.

Honestly if you are getting support here, the Texas court already found him to be the legal father even if it was by default.Its really his problem now he should have appeared if he wanted to deny paternity.As far as the law is concerned he is the bio father.

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And again if he wants custody/visitation he would have to appear here, nothing is automatic and that would be in Florida since you moved.

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Customer reply replied 10 months ago
I would like to alter his rights as well so it would be best I transfer everything to Florida. Will they reconsider the child support amount after seeing its 825 or will they just carry out the visitation and custody matters that I want to change.

He has one year from date of default order to challenge paternity.Thats on him to do so.Texas law applied here for the Texas proceeding.

https://www.dallasnews.com/news/texas/2012/04/26/new-texas-law-allows-men-legally-declared-to-be-the-father-of-a-child-to-challenge-paternity

They will look at all of it.They would be unlikely to lower the support they might raise it if your needs are more.And they can address custody/visitation.

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You are able to pick this up in Florida.

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Customer reply replied 10 months ago
Makes sense now. Thank you so much.

Thanks and thanks for rating 5 stars a top of page.Have a great day.

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