Terminating Child Support When You Are Not The Father

In 2007, Florida made it possible for men who discovered they were not the father of a child for whom they were paying child support to petition for the termination of that support and any other parental obligations through the Disestablishment of Paternity process.

The Disestablishment of Paternity statute spells out how this must be done, and one of the main factors is that there must be newly discovered evidence showing that the supporting father is not the biological father of the child.

After learning he is not the biological father, the alleged father cannot:

1. Marry the child’s mother after discovering he is likely not the father.
2. Volunteer to pay child support.
3. Claim paternity in a written sworn statement.
4. Agree to be named as the father on the child’s birth certificate.
5. Sign a written promise to be responsible for child support.
6. Refuse to take a DNA test.
7. Sign a voluntary acknowledgment of paternity.

These rules must be followed to be eligible to file a Disestablishment of Paternity petition. Men who meet these standards and wish to petition the court to disestablish paternity or end child support obligations should consult with a Jacksonville family law attorney to learn more about the procedures for filing a petition.