QUESTION
Does my husband have to pay child support if we are not sure if he is the biological father?
Asked on Aug 17th, 2016 on Divorce - Florida
More details to this question:
Our child was born during our marriage. He refused DNA tests and has raised him as his own for three years until we separated.
5 ANSWERS
John Arthur Smitten
If the child is born during the marriage then he is the presumed legal father and has to pay.
Answered on Aug 22nd, 2016 at 6:48 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, a parent does not have a legal obligation to support a child that is not biologically theirs. Exceptions would include but not be limited to having legally adopted the child, executing a voluntary acknowledgment of paternity, waiving DNA testing in court proceedings, or the entry of a court order or judgment adjudicating one as the father of the child. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Aug 19th, 2016 at 7:06 PM
He will not have to pay child support if he is not the father. The court can order a DNA test to be certain.
Answered on Aug 19th, 2016 at 7:06 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Final decision is up to a Judge but, generally, with these facts, your Husband is presumed to be the Father and would pay child support.
Answered on Aug 19th, 2016 at 7:05 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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More facts need to be known to answer your question. Are you now getting a divorce? You did not say. Usually, the best thing to do is to have a full discussion with a local family attorney. Without knowing more, because the child was born during the marriage, he would have to pay child support if you were divorced.
Answered on Aug 19th, 2016 at 7:05 PM