I also received an request for admissions for paternity or whatever it's called...

It is probably asking you to admit to paternity, waive testing - that's based on every other such request I've ever seen.

That's the best I can do without seeing the exact language.

This is usually the case when the father was "around" at the time of the birth, acknowledged paternity, no question he's the father - or he doesn't think there's a question.

That's exactly what it is... naming me as the only possible parent.

Do you believe it? Do you believe it enough not to put the time and money into testing?

I will definitely ask for the DNA test but it is possible.

On another note... I found this. Am I reading this correct to believe that they can't retroactive to the date of birth of the child? (Even though it was listed in the papers as a request?)

Here's what I found:


(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:

(a) The court shall apply the guidelines in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period.

(b) All actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

(c) The court should consider an installment payment plan for the payment of retroactive child support.

I assume you are quoting Florida law -

I translate it to mean that any finding of retroactive child support is at the discretion of the Court, based on its findings - not a 100% sure thing. A lot is left up to the particular Judge.

Again - time to consult with an Attorney because the mother's legal counsel (or the support unit) has thrown in everything possible from waiving DNA to paying retroactive support.

Your Attorney has to knock out claims for retroactive support and not worry about payment plans - but I'm sure you know that.

I was "spammed" by an attorney in FL that saw that a recent action was filed against me. I plan on calling her tomorrow.

I realize it's left up to the judge, but from what I'm reading it does sound like 24 months max, yes?

Thanks.

You really need to talk to a lawyer before you do anything as far as a response to the courts goes. And before doing ANYTHING with a lawyer that spammed you I myself would call down to the local bar assc and find out some facts on this person first. I don't suppose you put your email on any legal papers did you ? Insist on DNA. Were you aware that she was pregnant at the time ? I think a lot of that is going to determine what's going to happen in court. And sorry to say courts don't care if you and your existing family live in a cardboard box on the street. Matter of fact they would prefer that so the " system " can have its way with you. Good Luck.

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

An acknowledgement of paternity is typically signed by a father at birth if he and the mother are unmarried, and he is stating that he is taking full responsibility as a father of this child. You should ONLY sign this after you confirm DNA analysis that this IS your child. I know in the state I live, you cannot go back to the date of birth and suddenly want to collect for all those years. For all you know, there could have been another man raising your child all that time and that is why she is only now seeking support from you. In MOST states, since you just received notification of the court filing, the date of the filing is the date that they start running the clock. If this takes 6 months, then when the order is enacted, you will have to start paying immediately, plus a certain percentage will be paid Additionally for the 6 months of arrearages. It was / is the mothers responsibility to ensure that this obligation was taken care of from the beginning. I am sure there is a reason why she didn't pursue from birth. But in MOST states, she can't come back to you now and tell you that tyou have to pay support for 12 years of her failure to address the situation

While your information is accurate and helpful, this thread is from 2008.

Firstly: you do not need to triple your post
Secondly: It is true in all cases where the moter supports her child solely and no state or another person are involved in that support.
Yup…That's the problem. It is not important who pays-the state or another man,they both have ways to recover the money spent to support the child.I know no state where the parents are not primary responsible to their children for support.It is not unusual in most states a back child support for 5,10 or 18 years to be ordered.

The judge can/ and should/order retroactive child support at least for two years in Fl.
The retroactive amount is also variable from 2 years in Florida, to 18 years in Michigan and California.
In Illinois a party can file a petition seeking child support and request that the court consider awarding retroactive support back to the child's birth. too.