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Cobra03

Junior Member
What is the name of your state (only U.S. law)? Florida Had a child with an X 4 months after birth she vanishes and avoided all contact so I didnt think it was my child 4 years later had a hearing today and everything my lawyer requested was denied including paternity and the judge pretty much said here is the backpay and you pay 450 a month. Dont I have a right to know a child is mine before I pay support and what are my option now that the hearing is over and how can I get it lowered I am new at my job and barely making minimum wage.... Thank you
 


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Proserpina

Senior Member
Cobra03 said:
What is the name of your state (only U.S. law)? Florida Had a child with an X 4 months after birth she vanishes and avoided all contact so I didnt think it was my child 4 years later had a hearing today and everything my lawyer requested was denied including paternity and the judge pretty much said here is the backpay and you pay 450 a month. Dont I have a right to know a child is mine before I pay support and what are my option now that the hearing is over and how can I get it lowered I am new at my job and barely making minimum wage.... Thank you
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What did your attorney say when you asked these questions?
 
C

Cobra03

Junior Member
Proserpina said:
What did your attorney say when you asked these questions?
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He pointed out how she vanished and never contacted me even though i tried to contact her he did most the talking I only answerd mostly financial. he requested a motion for paternity a few times mentioning she has been mia for 4 years and all the sudden oh here i am i need money and 10k backpay. a motion for continous was also declined so the judge says 12k in backpay and 450 a month.... I Think this was a very unfair hearing to me I paid the lawyer to represent me and now he wants another 1000 plus and wants to do a petition to establish and I dont have that and I dont think doing it myself would be smart. she makes a lot of money and lives rent free I make little and pay rent so I am not sure what to do I am truly lucky to have a job I applied to easy 3 dozens places and cant afford 450 a month at 9 an hour
 
Ohiogal

Ohiogal

Queen Bee
Cobra03 said:
He pointed out how she vanished and never contacted me even though i tried to contact her he did most the talking I only answerd mostly financial. he requested a motion for paternity a few times mentioning she has been mia for 4 years and all the sudden oh here i am i need money and 10k backpay. a motion for continous was also declined so the judge says 12k in backpay and 450 a month.... I Think this was a very unfair hearing to me I paid the lawyer to represent me and now he wants another 1000 plus and wants to do a petition to establish and I dont have that and I dont think doing it myself would be smart. she makes a lot of money and lives rent free I make little and pay rent so I am not sure what to do I am truly lucky to have a job I applied to easy 3 dozens places and cant afford 450 a month at 9 an hour
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When the child was born were you placed on the birth certificate?
 
CJane

CJane

Senior Member
So, your child support was set at about 28% of gross earnings. I get that it SEEMS high to you. But grand scheme of things, it's not ridiculous.

Her expenses - or lack thereof - are as irrelevant as yours.
 
M

mistoffolees

Senior Member
Cobra03 said:
He pointed out how she vanished and never contacted me even though i tried to contact her he did most the talking I only answerd mostly financial. he requested a motion for paternity a few times mentioning she has been mia for 4 years and all the sudden oh here i am i need money and 10k backpay. a motion for continous was also declined so the judge says 12k in backpay and 450 a month.... I Think this was a very unfair hearing to me I paid the lawyer to represent me and now he wants another 1000 plus and wants to do a petition to establish and I dont have that and I dont think doing it myself would be smart. she makes a lot of money and lives rent free I make little and pay rent so I am not sure what to do I am truly lucky to have a job I applied to easy 3 dozens places and cant afford 450 a month at 9 an hour
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Well, you're paying $450 a month plus $12 K in back support, so it seems like $1 K to establish paternity might be a pretty wise investment. Even if you have to get a second job or look for a better job.

But this is something you should be discussing with your attorney. I doubt if anyone here wants to second guess him because he has all the facts.
 
CJane

CJane

Senior Member
mistoffolees said:
Well, you're paying $450 a month plus $12 K in back support, so it seems like $1 K to establish paternity might be a pretty wise investment. Even if you have to get a second job or look for a better job.

But this is something you should be discussing with your attorney. I doubt if anyone here wants to second guess him because he has all the facts.
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He needs to answer OG's question though. If he's been on the BC since birth - that means he signed an AOP. Which means that he's been the legal father for years. IF all of that is true, then it's too late to disestablish paternity.
 
C

Cobra03

Junior Member
CJane said:
He needs to answer OG's question though. If he's been on the BC since birth - that means he signed an AOP. Which means that he's been the legal father for years. IF all of that is true, then it's too late to disestablish paternity.
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so I cant petition to establish? I am on the bc
 
C

Cobra03

Junior Member
CJane said:
So, your child support was set at about 28% of gross earnings. I get that it SEEMS high to you. But grand scheme of things, it's not ridiculous.

Her expenses - or lack thereof - are as irrelevant as yours.
Click to expand...
I take home 850, of course I will look for another job but finding 1 down here is pretty rough
 
C

Cobra03

Junior Member
mistoffolees said:
Well, you're paying $450 a month plus $12 K in back support, so it seems like $1 K to establish paternity might be a pretty wise investment. Even if you have to get a second job or look for a better job.

But this is something you should be discussing with your attorney. I doubt if anyone here wants to second guess him because he has all the facts.
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will do he has been texting me telling me he will give me a good rate
 
M

meanyjack

Member
Maybe some of the Senior's can chime in, but I don't think one's name can "just be added" to a birth certificate unless the couple is married or, if the couple is unmarried, an Acknowledgment of Paternity is actually signed.

If that's the case, then something is being left out.
 
Zigner

Zigner

Senior Member, Non-Attorney
OP is confused. He signed the AoP in the hospital. That's why he is on the BC. It's too late to try to disestablish paternity now.

ETA: Upon further research, it may not be too late. See http://law.onecle.com/florida/domestic-relations/742.18.html for more info.

However, OP has an attorney...these questions really should be asked of the attorney.

ETA-Again: Oh, there it is - OP isn't current on the CS payments. THAT is why he wasn't allowed to attempt to disestablish paternity.
 
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