[iambob]

Hello.

Hopefully someone will be able to answer a few questions I have regarding paternity law in Florida, specifically addressing genetic testing and my rights pertaining to it.

I just received a "Genetic Testing Appointment Letter" in the postal mail this morning and can say that I am absolutely shocked. I have no idea who it could be as my outings in the past 6 years have been quite minimal.

The letter states that the testing will determine the paternity of the child listed, but there is no information on the mother. I do not recognize the last name of the child in question, but that could be due to many reasons, such as the child having a putitive father or the fact that I may not of known the mother's last name. Is there any way to get this information before I show up for genetic testing? According to something I read, wasn't there supposed to be an affadavit attached from the mother regarding her claim that I am the alleged father?

Secondly, what rights do I have? Do I have the right to refuse genetic testing? I personally do not want any of my genetic material to be databased due to privacy concerns. Is there any way around this?

Do I have the right to require that the childs name be changed?

I am also currently unemployed and have been for approximately 3 years. What effect will that have on child support payments? Can they "squeeze blood from a turnip", so to speak?

Also, do you know if any evidence collected during a buccal swab test can be used against me when it comes to custodial rights? I am currently a marijuana smoker and do not wish to incriminate myself.

Lastly, is there any way to gather any further information on the nature of my case, including other potential fathers or the child's current situation?

I apologize for the length of my questions, but I really would like to go into this fully armed with knowledge, but currently have little income to hire a lawyer. I am confused right now and would appreciate any assistance that is offered.

Thank you very much for your time.

PS. I would also appreciate any online links to pertinent law material that I can research. I have already read the articles regarding my situation, here on expertlaw, but I would appreciate any other links to actual paternity law in Florida.

Sincerely,

Bob

[Mr. Knowitall]

Is there any way to get this information before I show up for genetic testing? According to something I read, wasn't there supposed to be an affadavit attached from the mother regarding her claim that I am the alleged father?

You should receive a copy of the custody complaint; if you did not, or want to see what else is on file with the court, go to the courthouse and examine the court file.

Secondly, what rights do I have? Do I have the right to refuse genetic testing? I personally do not want any of my genetic material to be databased due to privacy concerns. Is there any way around this?

You can refuse the test, but the probable consequence is that you will be defaulted and declared the child's father. Your DNA shouldn't end up in any databases as a result of paternity testing.

Do I have the right to require that the childs name be changed?

No.

I am also currently unemployed and have been for approximately 3 years. What effect will that have on child support payments? Can they "squeeze blood from a turnip", so to speak?

Yes. They can impute income based upon your earning capacity, and base child support on the imputed income.

Also, do you know if any evidence collected during a buccal swab test can be used against me when it comes to custodial rights? I am currently a marijuana smoker and do not wish to incriminate myself.

A paternity test won't reveal THC.

Lastly, is there any way to gather any further information on the nature of my case, including other potential fathers or the child's current situation?

Check the court file.

[iambob]

Thanks for the prompt reply Mr. Knowitall!

I feel a little better now, however I do have another question or two now, regarding child support, which I hope is alright.

If they can impute income based on my earning capacity, what exactly will be used in that formula? I have no assets, no income and no vehicles. I haven't made enough to have to file taxes in over 8 years or so (under $4000). Without any type of transportation or assets of value, how can I be forced to pay what I do not have? Will they just assess the child support whenever they can?

Will I also be made to pay "back child support" for the time that I didn't know that I was the father? How is that calculated?

Also, I have been planning to re-start college this Spring Semester, after a long absence, in the hopes of entering medical school sometime in the next few years. I was intending to live on my grants and loans until I was through with school, which barely cover all costs for a medical degree. How would my situation affect my desire to re-enter college, as far as my loans and grants are concerned? Is it possible that my grants and loans can be garnished to pay child support?

Last thing and I'll get out of your hair.... I am currently residing with my parents, but I am over 25 years old. Can this affect them in any way? I really don't want to drag them through this whole ordeal if I can help it, although I may consider using them as leverage if they could help me in a positive light, such as for custodial rights. Would retaining a lawyer help my situation in any capacity or would I be wasting money to get advice that you have already provided?

Once again, any advice is appreciated and I thank you for your time.

PS. I am planning on heading to the courthouse tomorrow in search of the supporting documentation. Any tips on what to look for so that I can find what I'm looking for right away or so that I know what to ask for once I'm there?

Sincerely,

Bob

[Mr. Knowitall]

If you are a healthy adult, the court is unlikely to see any reason why you can't get a job. Choosing not to work is not a basis to avoid child support.

Your parents are not obligated to pay your support.