Are you an unmarried parent?  Should you establish paternity?

Many couples choose to live together and have children without being married. If the unmarried couple separates, the law treats them differently than married couples, especially regarding children.

If a married couple has a baby, the courts“presume” the child belongs to both parents.

If a non-married couple has a baby, the law does not recognize “dad” as dad, even if he is listed on the birth certificate. Until paternity is established, mom has all the rights and can make all the decisions. Dad also has no legal obligations for support. If dad wants to establish his rights for time sharing or mom wants establish her rights to child support, PATERNITY must be established.

The Florida Department of Revenue (link) can help moms establish paternity and pursue child support, including arrears. However the Department will NOT help with custody or time-sharing issues.

What happens if you get a notice from the FL Department of Revenue?

This notice is vitally important. If you have received notice from the Florida Department of Revenue you have 20 days to respond. The Department is about to determine how much they think you should be paying in future child support AND past child support (arrears). If you do NOT respond, the order takes effect automatically with the amounts the Department determines appropriate.

Once the order is in effect, arrears CANNOT BE CHANGED even if there are ERRORS. Get legal advice IMMEDIATELY if you get a letter from the Department of Revenue.

Are there special Paternity issues if we’re married but separated parents?

If a married couple has separated and moved on to new relationships without divorcing, be aware that there could be potential legal difficulties. If a separated wife becomes pregnant with her new partner, the law will recognize her married husband as dad.

Unless paternity is established for the new partner (biological dad), the separated husband (non-biological dad) can make decisions regarding his non-biological child. Biological dad has no legal say in raising this child.

What happens if you find out you’re dad to an older child?

What are your options if you discover you are dad to a 12-year-old and mom wants 12 years of child support? Back child support is a minefield. However guidelines will limit the number of back years that can be applied. In addition, the court will consider any support obligations you have for your other children. Before the court assesses child support and arrears, you need to make sure the courts know your side of the story. Get legal help.

Paternity & Child Support Questions? Need Help?

We’ve been helping good people facing tough situations for the past twenty years. Most likely, we’ve helped someone you know. We can help you too. For questions or an appointment, call us at 863.467.6570.