Fort Pierce Family Lawyer: Paternity
Department of Revenue and Child Support
Florida Chapter 409.256 gives the Department of Revenue (DOR) authority to seek child support on behalf of a child caregiver relative and/or parent. If you have been served with child support papers from DOR contact a Fort Pierce family lawyer immediately. You have only 20 days to file a written objection and it must be served timely.
DOR and Birth Certificate Presumption
If you are the listed father on a birth certificate you will be served a DOR action. The DOR presumes that you are the father if you sign the birth certificate even if you are not. You must act quickly to make sure you are not on the hook for child support. Contact a Fort Pierce family lawyer today 772-579-2771.
Why Is Filing an Objection to the Department of Revenue Important?
The Department of Revenue is a mechanism by which a relative caregiver and/or parent can seek child support from another parent. The DOR focus is not to provide timesharing with another parent, but to simply seek support. A DOR action will not guarantee you access to a child. However, filing a paternity action will. If you file a paternity action within 20 days and serve the DOR the DOR will terminate their case against you. A Paternity action is necessary to determine whether you are father and will provide you with the opportunity to set a schedule to have contact with your child. Each parties’ child support obligation will be determined in a paternity action too.
Without a Paternity Action Will I Have Access to Timesharing With My Child?
No, unless both parties agree to a timesharing schedule in the DOR case. Pursuant to Fla. Stat. 744.301 a mother has sole decision-making authority over a child born out of wedlock unless there is court intervention.
Differences Between a Department of Revenue Action and Paternity Action
In a DOR case you CANNOT file a separate action for custody/timesharing.
In a DOR case you CANNOT have a timesharing plan unless both parties agree.
Every 3 years or sooner the DOR can request review of child support with proving a substantial change in circumstance.
Can I Take My Child Without a Court Order/ DOR Action Declaring That I Am the Father?
No. Under Florida Statute 787.03(1), the crime of Interference with Child Custody occurs when a person unlawfully and intentionally interferes with a parent or guardian’s custodial rights to a minor child.
Call Us Today at 772-579-0347
If you are considering filing a paternity action or have been served with a DOR action we can help. Dadan Law Firm provides legal services in Palm Beach County and the Treasure Coast.