Florida Child Support Modify, request testing

[Jeffrey_L]

What is the name of your state? Florida is where the child resides. I live in NY.

Hello,

I'd like to find out what steps should I take after receiving a final judgement to pay child support for a 3 year old child that lives in Florida with his mother.

Id like to request that the court modifies order/amount that they are requesting me to pay as I am currently unemployed.

Id also like to request that scientific testing be done to confirm that he is indeed my son. I did sign the birth certificate when he was born and have not been allowed to have contact with him since he was 3 months old due to his mother completely blocking me out/keeping him away from me after admitting to me that I was not the father. We were never married.

Ive been researching and from what I understand the first petition that I should file would be form 12.905 (B) along with an application to determine indigent status? Following form 12.951 (a) and then form 12.983 (e)?

Once scientific test results come back and he is indeed mine. I would then go forward with requesting a parenting plan be established?

Am I on the right track ? Or am i going abouting this the wrong way? Is there one petition for what im trying to accomplish? Also can I batch file all these forms together?

I look forward hearing from you, sorry if I seem scattered.

Thanks,
Jeff

 

[TheGeekess]

What is the name of your state? Florida is where the child resides. I live in NY.

Hello,

I'd like to find out what steps should I take after receiving a final judgement to pay child support for a 3 year old child that lives in Florida with his mother.

Id like to request that the court modifies order/amount that they are requesting me to pay as I am currently unemployed.

Id also like to request that scientific testing be done to confirm that he is indeed my son. I did sign the birth certificate when he was born and have not been allowed to have contact with him since he was 3 months old due to his mother completely blocking me out/keeping him away from me after admitting to me that I was not the father. We were never married.

Ive been researching and from what I understand the first petition that I should file would be form 12.905 (B) along with an application to determine indigent status? Following form 12.951 (a) and then form 12.983 (e)?

Once scientific test results come back and he is indeed mine. I would then go forward with requesting a parenting plan be established?

Am I on the right track ? Or am i going abouting this the wrong way? Is there one petition for what im trying to accomplish? Also can I batch file all these forms together?

I look forward hearing from you, sorry if I seem scattered.

Thanks,
Jeff

You're a little late to be asking for DNA testing; that should have been done before the CS was decided upon. It's also a little late to ask to have the amount of CS lowered; that also should have been done during the CS hearings.

Since you are now ordered to pay CS, that means you have been found to be the legal father of this child. You can now file for visitation and shared legal custody. This will all need to be done via the Florida courts where the child lives.

 

[Jeffrey_L]

Thats what I was worried about - knowing that I signed the Birth certificate.

 

[Just Blue]

Thats what I was worried about - knowing that I signed the Birth certificate.

You didn't sign the BC, you signed the AOP (acknowledgement of paternity). At the time the baby was born you could have requested a DNA test to verify paternity. You could have also, at ANY TIME in the last 3 years, filed for custody/support.

 

[Jeffrey_L]

Understood.

Besides telling me what I could/should have done in the past 3 years. Its pretty obvious that sooner rather than later would have been a better look on my part.

Not here to justify why I was NOT able to do it.

Whats your point for your statement? Are you telling me because I did not do it. That its to late/impossible? Thats hard to believe.

 

[stealth2]

The point of Blue's post.... When you signed the AoP, you accepted paternity - you said "I'm Dad!" You don't get to change your mind. IF you can find the actual father, and convince him to file to disestablish your paternity and establish his own, you may be let off of the hook.

WRT parenting time/custody? YOU could have filed yourself. That you didn't is on you. You can still do so, but expect your time to be via a step-up plan due to the child's age and lack of relationship with you.

Child support? Your current income (or lack of it) would have been considered. Is your unemployment involuntary (you were laid off) or voluntary (you quit, were fired for cause...). Depending on when you were ordered to pay vs when you lost work and why will determine whether you can file for a modification...

 

[TheGeekess]

Understood.

Besides telling me what I could/should have done in the past 3 years. Its pretty obvious that sooner rather than later would have been a better look on my part.

Not here to justify why I was NOT able to do it.

Whats your point for your statement? Are you telling me because I did not do it. That its to late/impossible? Thats hard to believe.

It is too late to ask for a DNA test. The State of Florida has decided you are the legal father. That's all there is to it. At any point up and until the State has declared that fact was the time to ask.

 

[HRZ]

Apparently Mom made a false sworn statement on the AOP? Undoing an AOP is going to require skilled FL counsel if you expect any odds greater than zero...it can be done, so the literature suggests, but it's far from common. And as posted above it might be TOO Late .

IF the amount of past CS was improperly computed ...you might have a time sensitive window to appeal same . IF the amount of CS going forward is inconsistent with FL rules on how to compute. Is based on your income ...it's going to continue to be there and pile up until you successfully petition for modification .

 

[Just Blue]

The point of Blue's post.... When you signed the AoP, you accepted paternity - you said "I'm Dad!" You don't get to change your mind. IF you can find the actual father, and convince him to file to disestablish your paternity and establish his own, you may be let off of the hook.

WRT parenting time/custody? YOU could have filed yourself. That you didn't is on you. You can still do so, but expect your time to be via a step-up plan due to the child's age and lack of relationship with you.

Child support? Your current income (or lack of it) would have been considered. Is your unemployment involuntary (you were laid off) or voluntary (you quit, were fired for cause...). Depending on when you were ordered to pay vs when you lost work and why will determine whether you can file for a modification...

Exactly.

 

[not2cleverRed]

Apparently Mom made a false sworn statement on the AOP? Undoing an AOP is going to require skilled FL counsel if you expect any odds greater than zero...it can be done, so the literature suggests, but it's far from common. And as posted above it might be TOO Late .

IF the amount of past CS was improperly computed ...you might have a time sensitive window to appeal same . IF the amount of CS going forward is inconsistent with FL rules on how to compute. Is based on your income ...it's going to continue to be there and pile up until you successfully petition for modification .

No. There is nothing to indicate that Mom made a false statement. Dad signed, by his own admission.

The time to contest paternity has past. Dad didn't bother contesting it before there was a final judgement for child support. Contesting it now smacks of trying to get out of supporting the child. I suppose he can try, but it's not stopping cs, and likely at this point it will just piss off annoy the judge.

The only way to adjust the cs downward is if there has been a change of circumstances since cs was set and the unemployment is involuntary. We do not know whether Dad was employed at the time cs was set. If Dad was unemployed at the time the court issued the order, then there has been no change in circumstances.

Dad has already been legally established as Dad. If he wants parenting time, he should go to court and petition for visitation.

 

[Zigner]

Whats your point for your statement? Are you telling me because I did not do it. That its to late/impossible? Thats hard to believe.

Your question is somewhat state-specific. Where was the child born and did you sign the acknowledgment of paternity in that state? If in Florida, then you're almost definitely out of luck. If in New York, then you might have some luck if you get an attorney.

 

[TheGeekess]

Your question is somewhat state-specific. Where was the child born and did you sign the acknowledgment of paternity in that state? If in Florida, then you're almost definitely out of luck. If in New York, then you might have some luck if you get an attorney.

Since CS has been established in Florida, seems like OP is not going to get what he wants, no matter where the paperwork was signed.

 

[Jeffrey_L]

I definitely appreciate everyone thats taking the time to reply to my post.

My son (I HOPE) was born in the state of Florida and thats where I signed the AOP.

I did not have any doubts that he was mine until his mother started throwing it in the air that he was not.

At the time when the original child support order was started I was employed. That was back in July of this year 2018. Currently my CDL is temporarily suspended do to something other than child support. Right now I have a promising dock position to look forward too and once I get the confirmation and a week or two in with proof of pay stubs. Its 25hours a week part time until my license is unsuspended. Which half of what I was making before per an hour.

I have no problem taking care of my child - right now I guess my best bet would be to request that the child support amount be recalculated with what my soon to be income ( once I have paystubs )? And just request for a parenting/visitation plan be established? Is there a step up form of some type that should be filed?

Sorry if I missed any questions

 

[stealth2]

I'm going to guess that you will be considered voluntarily underemployed, to be honest.

 

[Jeffrey_L]

Another question - how does/did the state of Florida determine the amount of child support they did for me?