AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question My brother's exwife got pregnant while they were separated and he was in another state, so the baby is not his. The mother is currently incarcerated and going to prison for life. The child is in state custody and the department of children and families and dept of revenue are saying since my brother and the baby's mother were still married at the time she got pregnant he is legally responsible to pay child support. Is this correct? If the child was his someone in my family would definitely have custody of her, but the fact is it's not possible for that baby to be his child. Can he be forced to pay child support for her? He and his exwife were divorced by the time the baby was born?
Answer Hi Randi, a child conceived during an intact marriage is considered a child of the marriage until proven otherwise. A DNA test should be requested.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
