In July of 2006, Florida law was changed to join 6 other states in giving men the right to challenge court ordered child support payments. The first step is getting a DNA test to determine paternity. These tests are not expensive and can cost $99-150.00 on average. If the mother doesn't want to cooperate in giving a DNA sample of the child the man can have the court intervene in getting a sample.
The requirements to be able to be relieved from the law are various, but generally most of the requirements center around the man not accepting responsibility for the paternity of the child and not preventing anyone else from asserting paternity. Here are the most important ones:
- Prior child supports can't be recovered.
- After discovering paternity, he can't have had married the mother, adopted the child, signed a birth certificate, or accepted the duty to pay child support.
- He can't have prevented the biological father from asserting parental rights
- He can't have disregarded previous notices or orders for DNA testing.
- The legal challenge must result from "newly found" evidence.
Interestingly and incredibly, a recent Miami Herald article (published on Monday, March 5th, 2007) stated that 30% of "fathers" paying child support now may be paying for a child that is not theirs!
I am seeking to represent a person PRO BONO (free - client pays for costs only) in this type of situation as I am expanding my trial practice in this area. If interested, please email me at
southbeachlaw@yahoo.com. Client must be in Miami, Florida and the case must be in Miami as well.
Nicolas Babinsky, Esq.
http://www.sealmyrecord.com
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