09 Jan Under What Circumstances Can I Terminate a Child Support Obligation?
What do you do if you are a man with an administratively established child support obligation in the state of Florida, but believe that you are not the father? In other words, why you are paying child support for a child that may not be yours when the obligation was only determined administratively in a Title IV-D Court? There is a legal process to disestablish a child support obligation in the state of Florida.
Under Florida Statute 742.18, there are circumstances in which, and a process whereby a male can disestablish his child support obligation if he is not the biological father of the child.
Under this Florida Statute, you must file a petition in the circuit court with jurisdiction over the child in order to prove that you are not, in fact, the biological father. This petition must be “served” on the mother, legal guardian, or custodian within the county that the petitioner resides, as well as Florida’s Department of Revenue.
In order to begin the process, you must include an affidavit with recently discovered facts that conflict with the initial acknowledgment of the paternal obligation. If you are caught up on child support payments then you must also testify that you are in compliance with the current child support obligation. However, if you are/were unable to make payments during the period in which you were obligated to make support payments, then there must be evidence to demonstrate an inability to pay. It is also important to understand that your responsibility to pay child support will not (typically) be terminated while your petition is pending.
A few of the allegations that you must incorporate in the petition to terminate your child support obligation:
- The evidence of the new information that differs from the initial understanding of paternity;
- scientific testing was properly conducted;
- all payments for the child have been paid;
- that if ordered to make payments that you did not adopt the child;
- The child is younger than 18 when the petition is filed
If you believe that you may be in this situation and are looking for more information regarding the process of terminating your child support obligation, please feel free to contact us for a free consultation.