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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 08-30-2007, 08:37 PM
joe1980 joe1980 is offline
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Question Paternity and Medical Bills in Florida
Ok well there's this girl that found out that she's pregnant 3 weeks after we had sex. She's now almost 2 months pregnant. We're not married, never been, not even in a relationship, i've just known her for a while. She's making it look like i'm the father, but i found out from other people that i wasn't the only one she had sex with. At first we both agreed on abortion and i even said i was going to pay for it then she changed her mind and told me that she's going to keep it and that she'd take the responsibility for it and after birth she'll give it to adoption. But now she's trying to make it look like i'm the father so she could get money from me. and her knowing that i don't know much about family law and stuff she's trying to scare me saying stuff like if i don't help her and give her a certain amount of money each month (which was an unreasonable amount) she's going to get help legally and i'm going to have to pay a lot of money blah blah. This is in Florida.
So what i'm trying to find out is:
1. I know that i'm not going to have to pay anything until paternity is established, so is there anyway she could file for paternity during pregnancy? can paternity be established during pregnancy?
2. If i give her a certain amount of money everymonth by checks (just to help her out) and she sues me for medical support and the cost of birth and all after birth, are those checks going to be counted for me? or is anything paid before any orders from the court won't be counted? Because if they're not going to be counted then I'd rather save from now in case the child is really mine.

Last edited by joe1980; 08-30-2007 at 08:40 PM.
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Old 08-30-2007, 08:46 PM
Xena Xena is offline
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Default Re: Paternity and Medical bills issues in FL
Quoting joe1980
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Ok well there's this girl that found out that she's pregnant 3 weeks after we had sex. She's now almost 2 months pregnant. We're not married, never been, not even in a relationship, i've just known her for a while. She's making it look like i'm the father, but i found out from other people that i wasn't the only one she had sex with. At first we both agreed on abortion and i even said i was going to pay for it then she changed her mind and told me that she's going to keep it and that she'd take the responsibility for it and after birth she'll give it to adoption. But now she's trying to make it look like i'm the father so she could get money from me. and her knowing that i don't know much about family law and stuff she's trying to scare me saying stuff like if i don't help her and give her a certain amount of money each month (which was an unreasonable amount) she's going to get help legally and i'm going to have to pay a lot of money blah blah. This is in Florida.
So what i'm trying to find out is:
1. I know that i'm not going to have to pay anything until paternity is established, so is there anyway she could file for paternity during pregnancy? can paternity be established during pregnancy?
2. If i give her a certain amount of money everymonth by checks (just to help her out) and she sues me for medical support and the cost of birth and all after birth, are those checks going to be counted for me? or is anything paid before any orders from the court won't be counted? Because if they're not going to be counted then I'd rather save from now in case the child is really mine.
No, paternity cannot be established until AFTER the baby is born.

Do NOT give her ANY money before a court orders you to. Unfortunately, Florida's Judges are notorious about refusing to give credit for monies paid before a court order is issued.

The best thing to do for now is to set some money aside into a savings account, just in case you are the father. Wait until the baby is born and then file to establish paternity through the court, asking for a court ordered DNA test.

If she files for any public assistance, the Dept of Revenue CSE might contact you, but you have the right to demand that it go to court after the baby is born.
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Old 08-30-2007, 08:53 PM
Just Breath Just Breath is offline
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Talking Re: Paternity and Medical bills issues in FL
Quoting joe1980
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Ok well there's this girl that found out that she's pregnant 3 weeks after we had sex. She's now almost 2 months pregnant. We're not married, never been, not even in a relationship, i've just known her for a while. She's making it look like i'm the father, but i found out from other people that i wasn't the only one she had sex with. At first we both agreed on abortion and i even said i was going to pay for it then she changed her mind and told me that she's going to keep it and that she'd take the responsibility for it and after birth she'll give it to adoption. But now she's trying to make it look like i'm the father so she could get money from me. and her knowing that i don't know much about family law and stuff she's trying to scare me saying stuff like if i don't help her and give her a certain amount of money each month (which was an unreasonable amount) she's going to get help legally and i'm going to have to pay a lot of money blah blah. This is in Florida.
So what i'm trying to find out is:
1. I know that i'm not going to have to pay anything until paternity is established, so is there anyway she could file for paternity during pregnancy? can paternity be established during pregnancy?
2. If i give her a certain amount of money everymonth by checks (just to help her out) and she sues me for medical support and the cost of birth and all after birth, are those checks going to be counted for me? or is anything paid before any orders from the court won't be counted? Because if they're not going to be counted then I'd rather save from now in case the child is really mine.

And that is exactly what you should do. SAVE the money! Obviously you have valid doubts that you are the father of her child. Do Not Sign the Birth Certificate. As soon as the child is born, I suggest that you file a petition to the local family court to establish a parent-child relationship pending DNA testing. If you are found to be the natural father of the child, support will be calculated and it may be retroactive to the birth or at least the date the original petition was filed with the court. You may also be ordered to pay the cost of the DNA test and for a portion of her medical expenses. You will also likely be order to provide health insurance for the child. YOU WILL HAVE TO ASK for visitation or custody rights. They will not be automatically granted unless you ask for them. But you will have NO choice about paying support.

You will want to have saved as much money as possible until the court's ruling so that you can immediately pay the retroactive amounts so that you do not incur additional interest on the instant "arrearage".

If you do not want to bear the attorney fees to file the petition, you can wait until she makes the first move....but insist on a DNA test in any event.

If you are excluded as the father, you are off the hook.
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Old 08-30-2007, 08:55 PM
Just Breath Just Breath is offline
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Default Re: Paternity and Medical bills issues in FL
ANY MONEY you give her now could later be considered a gift and would potentially not be credited to any support or medical expenses you are later ordered to pay.

Also, it is unsafe to test for DNA before the birth, so it is not usually done except in exceptional circumstances.


OOps.....sorry for duplicate info, I was typing and didn't see Xena's post
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Old 08-31-2007, 06:14 PM
joe1980 joe1980 is offline
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Default Re: Paternity and Medical Bills in Florida
Thanks "Xena" and "Just Breath" for the helpful information...

- Let's say that paternity was established and i was the father and i had to pay her a portion of the medical support, DNA test, and attorney fees, am i going to have to pay the full amount immediatly as soon as the court figures out how much i owe her? and if i have to pay the full amount am i going to have a deadline and how long is it usually? or can it be a monthly payment kind of thing?

- And also, how long does the proccess of establishing paternity take? and how long does it usually take after paternity for the court to determine how much i have to pay for her and stuff like that?
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Old 08-31-2007, 08:46 PM
Xena Xena is offline
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Default Re: Paternity and Medical Bills in Florida
Quoting joe1980
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Thanks "Xena" and "Just Breath" for the helpful information...

- Let's say that paternity was established and i was the father and i had to pay her a portion of the medical support, DNA test, and attorney fees, am i going to have to pay the full amount immediatly as soon as the court figures out how much i owe her? and if i have to pay the full amount am i going to have a deadline and how long is it usually? or can it be a monthly payment kind of thing?

- And also, how long does the proccess of establishing paternity take? and how long does it usually take after paternity for the court to determine how much i have to pay for her and stuff like that?
The answers are in the Florida statutes, chapters 61, and 409
www.flsenate.gov/STATUTES
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