will florida ask for a dna test

[ILOVEMYGSM3]

What is the name of your state? (FL)

if my son was born before my ex wife and i were married? she's openly admitted to cheating(actually just yesterday)before we were married, and around the time my son was concieved. i only found this out yesterday, so back then, not thinking she had, florida automatically put my name on the birth certificate...

she has allegedly filed custody and support papers, but now this new info does have me a little shaken...is there a way i can ask? or if i state the possibility, will the state issue the test...

 

[ConcerndStepmom]

What is the name of your state? (FL)

if my son was born before my ex wife and i were married? she's openly admitted to cheating(actually just yesterday)before we were married, and around the time my son was concieved. i only found this out yesterday, so back then, not thinking she had, florida automatically put my name on the birth certificate...

she has allegedly filed custody and support papers, but now this new info does have me a little shaken...is there a way i can ask? or if i state the possibility, will the state issue the test...

How long is "back then"? How many years have you BEEN this child in questions, father?

How did FLORIDA automatically put your name on the BC? Did your name just POP into the Hospital that one day and say this is the alleged childs father?

editted to add: You said she allegedly filed for custody and support.. Are you still married, seperated or divorced? Have you been served? When you file the answer you can always counter petition and request a scientific paternity test to be done. Whether a judge orders it or not is yet to be known. It doesn't hurt to ask.

 

[ILOVEMYGSM3]

the birth cert-i've never signed anything saying i was his father...all i know is i got his birth cert for the 1st time 2 mos ago, when i was supposed to go navy to army, and it had my name...i asked her, and she said she didnt know, that they asked her, and she said my name.

my son-he will be 3 in january. i've questioned him once due to the regular paranoia of children out of wedlock, but now she's actually admitted she had cheated.

courts-i filed for, and it will be effective december 3rd, divorce here in california. the court says they have jursidiction over cs(apparently b/c i live here), however they do not have jurisdiction over my son, b/c he has never lived here. she says she is waiting for her paycheck to actually turn these papers in, however that was her answer for 18 months on divorce papers, till i got fed up and did it here myself. i have not been served...

another ? of my own-there has NOT been cs set up, and i have no issues whatsoever about sending her money, but if there's no order, is there a set minimum i have to send? b/c she's agreed to many diff amounts, and changes them all the time, and always brings my navy command in(we had an agreement saying $800/mo for them BOTH, but it was only till our divorce was final)...well since we are about to be divorced, and i leave the military 8 days later, and i have not yet accepted any job offers b/c of this situation(i want to be semi-close to him and my other child, also on the east coast), i'm curious now about how much to send? obviously if i try to ask her, she'll attempt to try and get me to keep sending this $800, when i won't even have an income yet! lol, i'm not nagging, its just kind of funny, she's child-like, thinking money grows on trees sometimes...

 

[ConcerndStepmom]

Also and I am sure other posters will agree it may be better to consult with several attorneys in regards to your situation. There are attorneys that have free consultation and will be able to answer any questions that you may have. However if you are unable to retain a lawyer here is a link to the Florida State Courts Self-Help site:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

 

[LdiJ]

The age of the child really is a significant factor here.

 

[stealth2]

my son-he will be 3 in january. i've questioned him once due to the regular paranoia of children out of wedlock, but now she's actually admitted she had cheated.

 

[ConcerndStepmom]

the birth cert-i've never signed anything saying i was his father...all i know is i got his birth cert for the 1st time 2 mos ago, when i was supposed to go navy to army, and it had my name...i asked her, and she said she didnt know, that they asked her, and she said my name.

She told them that you were the alleged father that's WHY your name is on the BC.

my son-he will be 3 in january. i've questioned him once due to the regular paranoia of children out of wedlock, but now she's actually admitted she had cheated.

Previous to this when did you question this being your child? How long ago was the first time? and WHO did you question?

courts-i filed for, and it will be effective december 3rd, divorce here in california. the court says they have jursidiction over cs(apparently b/c i live here), however they do not have jurisdiction over my son, b/c he has never lived here. she says she is waiting for her paycheck to actually turn these papers in, however that was her answer for 18 months on divorce papers, till i got fed up and did it here myself. i have not been served...

Ok a lil bit confused here. Where do YOU live? FLORIDA as your OP states or are you in California? Where do the mother and child live? Who filed first. What is her answer and her answer is for what? Divorce that you filed for? Or her?

another ? of my own-there has NOT been cs set up, and i have no issues whatsoever about sending her money, but if there's no order, is there a set minimum i have to send? b/c she's agreed to many diff amounts, and changes them all the time, and always brings my navy command in(we had an agreement saying $800/mo for them BOTH, but it was only till our divorce was final)...well since we are about to be divorced, and i leave the military 8 days later, and i have not yet accepted any job offers b/c of this situation(i want to be semi-close to him and my other child, also on the east coast), i'm curious now about how much to send? obviously if i try to ask her, she'll attempt to try and get me to keep sending this $800, when i won't even have an income yet! lol, i'm not nagging, its just kind of funny, she's child-like, thinking money grows on trees sometimes...

Absent a court order you are not obigated to send her any money. As I have seen other posters state, it will be considered a gift. However if I am wrong, I am sure I will be corrected.

 

[ceara19]

She told them that you were the alleged father that's WHY your name is on the BC.

Being on the BC doesn't make him the child's LEGAL father. I may be wrong, but I think most states require the presumed father's signature or a court order before his name is put on the BC when the parents are not married at the time the child is born.

If it were as easy as just saying "John Doe is the father" in order to establish a legal relationship and obtain a court order for child support, I would have said my daughter belonged to Bill Gates and my son to Warren Buffet so that I could get a check from the 2 richest men in America every month. Using the calculations for my state, child support from them for only one WEEK would be more then enough to take care of the kids AND me for the rest of our lives.

 

[sncw77]

Florida

In Florida our son had a child out of wedlock. He had been sending support since they separated 3 years ago. He kept a copy of each money order. Recently the mother (in another state) filed for child support. The state of Florida strongly insisted he have a DNA test even though he is listed on the Birth Certificate. The state did NOT pay for the test.

The state of Florida goes back 2 years for past due child support. Despite many rumors that his child support sent without a court order would be viewed as a gift by the state, it was not. His payments went toward past due child support.

Go to court and find out if this is your child. And even if not, if you love this child and both you and the child think of you as the father, then prayerfully consider supporting her even if the DNA test comes back saying you are not.

 

[ConcerndStepmom]

Being on the BC doesn't make him the child's LEGAL father. I may be wrong, but I think most states require the presumed father's signature or a court order before his name is put on the BC when the parents are not married at the time the child is born.

If it were as easy as just saying "John Doe is the father" in order to establish a legal relationship and obtain a court order for child support, I would have said my daughter belonged to Bill Gates and my son to Warren Buffet so that I could get a check from the 2 richest men in America every month. Using the calculations for my state, child support from them for only one WEEK would be more then enough to take care of the kids AND me for the rest of our lives.

I know and I agree with you as his signature being needed or a court order .. he stated that he was on the BC but didn't know how because he didn't sign anything and he claimed that she told him that she didn't know why either. He then also stated that they asked her and she gave them his name.

I recall when I had all 3 of my kids. My ex and I got divorced after a 2 year marriage. Shortly after our divorce we got back together. Never remarried had our 1st child 5 years later 2nd child 2 years later then 3rd child 3 years later. Each time I recall his signature was needed. Matter of fact when the lady came in to do the paper work my ex was not present and told me that if he wanted to be on the BC she would need his signature.

 

[ConcerndStepmom]

In Florida our son had a child out of wedlock. He had been sending support since they separated 3 years ago. He kept a copy of each money order. Recently the mother (in another state) filed for child support. The state of Florida strongly insisted he have a DNA test even though he is listed on the Birth Certificate. The state did NOT pay for the test.

The state of Florida goes back 2 years for past due child support. Despite many rumors that his child support sent without a court order would be viewed as a gift by the state, it was not. His payments went toward past due child support.

Go to court and find out if this is your child. And even if not, if you love this child and both you and the child think of you as the father, then prayerfully consider supporting her even if the DNA test comes back saying you are not.

PSSSSSSSSST.. NEWS FLASH!! MINUS a court order there is NO PAST DUE child support.

Of course the state of florida is not going to pay for a DNA test to be done if the said father is found to be the childs legal father. I also know of a guy in Florida who's Ex was trying to get CS and named 5 guys as possible fathers. Of course his name was the last on the list and HE was proven to be the childs father (DNA) and was ordered to pay for all 4 of the DNA test that had been done previously along with his own. Although in my opinion it was wrong for him to have to pay everyone concidering the said mother had sex with mutiple partners. She should have been held liable as well.. But that goes back to say you play, you pay. He learned his lesson the hard way..

! am also in Florida an have NEVER heard of Florida CSE going back 2 years for support.. Usually back to the time it was petitioned for. Unless the said Mother was recieveing cash assistance and/or food stamps then they would go back to the time that was applied for and started recieveing assistance from the state.

Guess there is a first time for everything..

 

[ceara19]

I know and I agree with you as his signature being needed or a court order .. he stated that he was on the BC but didn't know how because he didn't sign anything and he claimed that she told him that she didn't know why either. He then also stated that they asked her and she gave them his name.

I recall when I had all 3 of my kids. My ex and I got divorced after a 2 year marriage. Shortly after our divorce we got back together. Never remarried had our 1st child 5 years later 2nd child 2 years later then 3rd child 3 years later. Each time I recall his signature was needed. Matter of fact when the lady came in to do the paper work my ex was not present and told me that if he wanted to be on the BC she would need his signature.

I was married when both of my kids were born. While dad's signature wasn't REQUIRED for him to be on the BC, I was informed by the hospital that if he didn't sign, I would need to attach a copy of our marriage license to the BC application if he wasn't available to sign it (the marriage had already gone down hill and when he showed up at the hospital drunk, after I drove MYSELF there to have my son, I had him "removed" from the room, so he was MIA when it came time to fill out the necessary paperwork).

 

[fairisfair]

PSSSSSSSSST.. NEWS FLASH!! MINUS a court order there is NO PAST DUE child support.

Of course the state of florida is not going to pay for a DNA test to be done if the said father is found to be the childs legal father. I also know of a guy in Florida who's Ex was trying to get CS and named 5 guys as possible fathers. Of course his name was the last on the list and HE was proven to be the childs father (DNA) and was ordered to pay for all 4 of the DNA test that had been done previously along with his own. Although in my opinion it was wrong for him to have to pay everyone concidering the said mother had sex with mutiple partners. She should have been held liable as well.. But that goes back to say you play, you pay. He learned his lesson the hard way..

! am also in Florida an have NEVER heard of Florida CSE going back 2 years for support.. Usually back to the time it was petitioned for. Unless the said Mother was recieveing cash assistance and/or food stamps then they would go back to the time that was applied for and started recieveing assistance from the state.

Guess there is a first time for everything..

PSSST Back at ya. News flash

Florida state statute 61.30(17) allows for retroactive (back child support) for 24 months from the date of filing. and the requirements have nothing to do with state assistance.

 

[ILOVEMYGSM3]

Cs, Can It Be Prorated

we lived together(me being gone months at a time due to navy) from when son was born jan 2004 to nov 2004...since jan of 2005, i have sent her anywhere from $400 to $1275 a month...if they were to say(and just a scenerio) i have to pay $550 a month, and thats what 6g a year? if i've already giver her $14k in the last 18 months(obviously more than usual), could my cs be prorated, to account for this or not? i ask b/c for a few months i will be unemployed due to getting out of the navy, and applying for a police job(which can takes months from testing to actual hire), and i'd like to know if the past amount could be deducted at small intervals? i've already got a lawyer on hand, i just have to wait to get paid to pay the retainer fee...i've every intention of not "fighting", but exercising my rights, as if he is my child, then i want to support HIM, and have him know his whole family, not just his mother and grandmother...i thank everyone for their current postings, any other info is always helpful...
thank you very much
oh and the BC thing, i called the hospital and they don't have me as "signing" anything, they just have me listed in records and on the cert as the father...there's no affidavit of pat, and she was on state health. that was all they could tell me on the phone, after faxing proof of myself...

 

[Gracie3787]

we lived together(me being gone months at a time due to navy) from when son was born jan 2004 to nov 2004...since jan of 2005, i have sent her anywhere from $400 to $1275 a month...if they were to say(and just a scenerio) i have to pay $550 a month, and thats what 6g a year? if i've already giver her $14k in the last 18 months(obviously more than usual), could my cs be prorated, to account for this or not? i ask b/c for a few months i will be unemployed due to getting out of the navy, and applying for a police job(which can takes months from testing to actual hire), and i'd like to know if the past amount could be deducted at small intervals? i've already got a lawyer on hand, i just have to wait to get paid to pay the retainer fee...i've every intention of not "fighting", but exercising my rights, as if he is my child, then i want to support HIM, and have him know his whole family, not just his mother and grandmother...i thank everyone for their current postings, any other info is always helpful...
thank you very much
oh and the BC thing, i called the hospital and they don't have me as "signing" anything, they just have me listed in records and on the cert as the father...there's no affidavit of pat, and she was on state health. that was all they could tell me on the phone, after faxing proof of myself...

Since you didn't sign an AOP you are not the legal father yet and you have the right to deny paternity.
Florida will not automatically order a DNA test. You will need to deny paternity and then they will get an order issued for the DNA.

Do you have proof of payments made? If so, bring them to court and ask that they be credited toward any retroactive CS that is ordered. As was already posted, the court can only order retro back 24 months.

Have you filed for a visitation order? If not, you should do so because it is a seperate issue than CS and won't be ordered unless you file for it.