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Ten years later.paternity summons in FL

Asked Apr 2, 2009, 12:17 PM — 21 Answers
This morning I was served with a paternity summons filed by a woman I haven't seen or heard from in nearly ten years. I'm 98% sure it's not my child. The 2% comes from the fact that we did have a relationship in the alleged time frame.
I found out she was already pregnant (by at least a month) before we started the relationship. I still wanted to stick by her but about two weeks later she was off to a new guy terminating our relationship.

Some added tidbits:
  • My whereabouts were easy to ascertain - I was on probation during the entire relationship, and beyond the child's date of birth.
  • Her family helped me move to a new apartment where I lived for a few months, even after the relationship ended.
  • I'm unemployed & have absolutely NOTHING as far as income. I spent $60 of my last $80 to buy an hour of legal advice. I have no other assets.

My hour of legal advice will be used to file a response to the allegation, denying paternity and requesting DNA testing. What I need are questions to ask in regards to my rights in this matter.
  • 9 1/2 or 10 years later? Why? Why should I be responsible for ten years of past child support when no legal effort has been made to contact me until now?
  • If it is my child (as alleged), can I countersue? If it is my child, I've been denied parental rights for nearly ten years.
  • If it is not my child, as I maintain, can I sue her for disrupting my life / damaging my reputation & present / future relationships, or at least the costs incurred for proving that the child is not mine?
  • How do I insulate my current girlfriend (of nearly 10 years) from financial liability in this matter? She's my means of support and living arrangements at this time. I was actually denied free legal help because she (read: the household) makes too much money, even though we're scraping by as it is.

21 Answers
stevetcg's Avatar
stevetcg Posts: 3,694, Reputation: 1824
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#2

Apr 2, 2009, 01:17 PM
1) its possible that she applied for government support. One of the issues with that is that she is required to list all *possible* fathers.
2) no, sorry. If you thought it was yours, the burden of proof was yours for the last 10 years.
3) No, you cannot.
4) your current girlfriend has nothing to do with the proceeding and is insulated by design.
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45notdaddy's Avatar
45notdaddy Posts: 62, Reputation: 70
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#3

Apr 2, 2009, 01:27 PM
Quote:
Originally Posted by stevetcg View Post
1) its possible that she applied for government support. One of the issues with that is that she is required to list all *possible* fathers.
Sounds about right.
Quote:
Originally Posted by stevetcg View Post
2) no, sorry. If you thought it was yours, the burden of proof was yours for the last 10 years.
I was given the impression - by her that I was NOT the father and that I couldn't be the father
Quote:
Originally Posted by stevetcg View Post
3) No, you cannot.
<unprintable> That's unfortunate.
Quote:
Originally Posted by stevetcg View Post
4) your current girlfriend has nothing to do with the proceeding and is insulated by design.
Even as current sole means of support? If so then that at least is a load off our minds.
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stevetcg's Avatar
stevetcg Posts: 3,694, Reputation: 1824
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#4

Apr 2, 2009, 01:41 PM
Quote:
Originally Posted by 45notdaddy View Post
I was given the impression - by her that I was NOT the father and that I couldn't be the father
Sure - that sucks. But the fact of the matter is that it has been your right to challenge paternity yourself, regardless of what she said. As far as the court is concerned, ignorance is no excuse (works against you sometimes)

Quote:
Originally Posted by 45notdaddy View Post
<unprintable> That's unfortunate.
It is, but sometimes that's the downside of old relationships... They come back and bite you in the butt.

Quote:
Originally Posted by 45notdaddy View Post
Even as current sole means of support? If so then that at least is a load off our minds.
If you turn out to be the father, you will be assessed support at the minimal level for the state of action. The fact that you do not work will not affect that at all. Your partner's income will not factor into the support assessment. You can probably google the minimal amount of support for the state that the child lives in (not sure if they or you are in FL...)

Its certainly a sucky situation. How many of us have wondered if we would ever get that call? I know I have. I've had a bit of a past and it wouldn't be the first time something has sneaked up on me.
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nikosmom's Avatar
nikosmom Posts: 1,611, Reputation: 2475
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#5

Apr 2, 2009, 01:48 PM
Quote:
Originally Posted by stevetcg View Post
1)4) your current girlfriend has nothing to do with the proceeding and is insulated by design.
To add to steve:

Yes, your current girlfriend will not be responsible for paying the child support just because you live together.

EDIT: Almost forgot to click 'submit' and when I came back, steve had already explained this!
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45notdaddy's Avatar
45notdaddy Posts: 62, Reputation: 70
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#6

Apr 2, 2009, 01:53 PM
Quote:
Originally Posted by stevetcg View Post
Sure - that sucks. But the fact of the matter is that it has been your right to challenge paternity yourself, regardless of what she said. As far as the court is concerned, ignorance is no excuse (works against you sometimes)
Great
Quote:
Originally Posted by stevetcg View Post

It is, but sometimes that's the downside of old relationships... They come back and bite you in the butt.
I should have known better than to think with my dipstick.
Quote:
Originally Posted by stevetcg View Post

If you turn out to be the father, you will be assessed support at the minimal level for the state of action. The fact that you do not work will not affect that at all. Your partner's income will not factor into the support assessment. You can probably google the minimal amount of support for the state that the child lives in (not sure if they or you are in FL...)
We're both in Florida, just different counties.
Quote:
Originally Posted by stevetcg View Post

Its certainly a sucky situation. How many of us have wondered if we would ever get that call? I know I have. I've had a bit of a past and it wouldn't be the first time something has sneaked up on me.
The thing that kills me is that if she was so bloody concerned with this, where was she ten years ago when she could have easily contacted me? Heck her sister was on probation at the same time I was and TOOK me to some of my appointments! I'm trying hard not to be spiteful, but man I can't get DNA tested fast enough.
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45notdaddy's Avatar
45notdaddy Posts: 62, Reputation: 70
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#7

Apr 5, 2009, 10:16 AM
I'm confused about another point.
If, as has been stated here, my girlfriend can't be held responsible for my debt, (thankfully FL is not a common law state) why am I unable to qualify for pro-bono representation? I was denied service because she makes more than the limit and allows me to live with her. I was told that it was based on "household" income. I'm not legally her dependent, she can't claim me on her taxes, according to my understanding - what's her's is her's and vice versa, so why am I denied assistance? It's only through her good graces that I'm not homeless and hungry on the street.
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stevetcg's Avatar
stevetcg Posts: 3,694, Reputation: 1824
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#8

Apr 5, 2009, 12:13 PM
Different rules for different departments.

This isn't to say that you will skate by with a minimal payment. The actual law says you can be held responsible for what you could potentially make if you were willfully un or under employed.

Many states will factor in household income into a calculation but florida is not one of them. No state will hold HER liable for your debt. The worst that can happen is that YOUR payment is higher because she is supporting you. But again, not in FL.

Florida Guideline:
(a) Salary or wages, bonuses, commissions, allowances, overtime, tips, and other similar payments, business income from sources such as self-employment, partnership, close corporations, and independent contracts (minus ordinary and necessary expenses required to produce income), disability benefits, worker's compensation, unemployment compensation. Pension, retirement, or annuity payments, social security benefits, spousal support received from a previous marriage or court ordered in the marriage before the court, interest and dividends, rental income (which is gross receipts minus ordinary and necessary expenses required to produce the income), income from royalties, trusts, or estates, reimbursed expenses or in kind payments to the extent that they reduce living expenses, gains derived from dealings in property (unless the gain is nonrecurring).

(b) Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.
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45notdaddy's Avatar
45notdaddy Posts: 62, Reputation: 70
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#9

Apr 5, 2009, 12:21 PM
Quote:
Originally Posted by stevetcg View Post
Different rules for different departments.
It feels like they'd prefer I be homeless
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stevetcg's Avatar
stevetcg Posts: 3,694, Reputation: 1824
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#10

Apr 5, 2009, 12:28 PM
Quote:
Originally Posted by 45notdaddy View Post
It feels like they'd prefer I be homeless
Sure - the math is easier that way.
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