Full question:
When I was 18, I was in Colombia SA I got pregnant with my daughter her father never believed it was his and his brother also lied and said I had slept with all of them. Despite my assurances that it was not true he was not a part of her life . 30 years later they had a DNA proving what I had said all along that she was his. I suffered a lot because of this as I loved him very much and never trust anyone again. He is a ----------------- in Medellin Colombia, I am here right now but have mostly lived in Florida. Can I sue him for back child support and pain and suffering. I had a very traumatic life after that got in a lot of trouble (legally) became addicted to drugs and alcohol even got married to someone I didn't love to give my child a father!! I am now sober since 2006 pursuing my master finally! I am not well off financially and neither is my daughter. He is a millionaire and I think we should be compensated! I wasn't going to sue because at first he was very happy to meet her and flew her to Colombia to be with him but now he doesn't seem to want to be her father and now he isn't just hurting me but he is hurting her.
- Category: Paternity
- Subcategory: Age Limitation
- Date:
- State: Florida
Answer:
The following is from a Florida statute, describing the time limitation that applies to back child support in a paternity case, which is two years before filing the complaint.:
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 schedule 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 a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.
See also:
http://www.flsenate.gov/Laws/Statutes/2010/61.30
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
