Orlando, FL asked in Child Support for Florida

Q: I was summoned to pay child support. How do they determine how much i pay? And if start paying will i get rights to

To see my child cause as now the mother of my child chooses when i get to see him which is a few times a year. If i start paying shoulsnt i have more rights than i do now. And how do ubtain those rights

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1 Lawyer Answer
Sabina Tomshinsky
Sabina Tomshinsky
  • Gainesville, FL
  • Licensed in Florida

A: If you were never married to the mother of your child, then in order for you to have any rights to the child, you would need to pursue a separate action for paternity. Until such action is pursued, the mother of the child, by default, has all the rights to the child and all the decision-making authority over the child. Please note, that if the Department of Revenue (the State) has commenced a child support action, that action does not address your time-sharing (custody) rights. That action will only result in having child support established. Child support is established based on the parents' gross monthly income, minus allowable deductions, the cost of day care, if any, and the cost of health insurance, if any. There could also be retroactive child support established that would be tagged on to the current child support. If you have proof of child support payments made during the last 24 months or since your separation from the mother (if that occurred less than 24 months ago), then you should be ready to present that documentation as well for credit. I truly urge you to consult with an attorney to pursue a paternity action right away. All the best.

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