General Question

L1952's avatar

In Florida if my husband and I get divorced before our baby is born does he have to sign the birth certificate for me to get child support?

Asked by L1952 (206points) September 26th, 2014 from iPhone

He has stated he does not plan to be at the birth or sign the birth certificate, Will he still have to pay child support? This is going to be documented during our hearing in October but the baby will not be here until December, Thanks.

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15 Answers

trailsillustrated's avatar

The judge will order a paternity test and he will have to pay for it.

Response moderated (Unhelpful)
JLeslie's avatar

Jelly above is right. If he is the genetic father he will have to pay. The state doesn’t want to have to support the baby.

You still might never see the money though.

L1952's avatar

Do we have to have a paternity test done though if he refuses to sign the birth certificate? because he’s refusing to go to the hospital when she’s born. And how long does that take?

L1952's avatar

We have our divorce court date late in October, I believe we will talk about child support then, Will he still need to either sign the birth certificate or have a paternity test done? The baby will not be here until late November/early December

hearkat's avatar

@L1952 – Please read the links I attached above. You can ask these questions at the divorce hearing, as well. If you start the process then, it hopefully will expedite things once the baby is born. If he does not proclaim or acknowledge paternity, the court will have to order him to submit to a blood test, whether or not he complies will have the greatest impact on the timeline.

L1952's avatar

I did read the links, thank you for that, and I read about how a judge can determine paternity during divorce but it didn’t specify if they could do this before or after the baby is born, I know he won’t deny it’s his, I just don’t know what has to be done legally is all.

hearkat's avatar

I’m pretty sure they need to wait until the baby is born to draw its blood to compare with the father’s, @L1952

Response moderated (Unhelpful)
Cupcake's avatar

Would your divorce really be final before the baby is here? That seems fast to me.

If your divorce is not final… you are married and he is automatically on the birth certificate.

If you are not married and he does not willingly acknowledge the child, you must pursue paternity through the courts.

Child support is a separate issue.

L1952's avatar

We go to court October 30th for the divorce, and I am due to give birth late November/early December. I wasn’t aware of that, Thank you, I would add him as the father regardless and she will have our last name, it’s just that he doesn’t want to go sign the certificate .. ): do you know how long it takes for divorce to be finalized? (We are in florida)

L1952's avatar

So they won’t talk about child support or custody during our hearing for divorce?

Cupcake's avatar

I meant it is a separate issue from paternity and the birth certificate.

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