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  • Writer's pictureRobinson Law Office PLLC

You are not the father, But you still must pay!

There is nothing more precious than the gift of a child. Yet, what if

You were a man that thought he was the father of this precious gift ,

Only to find out 15 years later that you are not?! Then, lets say you

Have been ordered to pay child support despite not being the biolog-

Ical father? Well, that's the situation a man in Texas found himself


Yes, you read that right. According to a story posted July 23rd on the

New York Post's website, forty-five year old Gabriel Cornejo was

Ordered to pay child support to his ex girlfriend back in 2003 beca-

Use she vowed that the child was his and there were no other

Possibilities. Therefore it was a complete shock when dna tests

Confirmed that Mr. Cornejo was not the father! So all is well and

He should be in the clear, right?

Wrong! Mr. Cornejo is being ordered by the state in accordance with

Texas law to pay $65,000.00 in back taxes or face jail time. Of course

Gabriel and his attorney will fight this. Cornejo already has 3 children

Of his own and 2 nephews he is caring for as well and to top it off, his

Ex-girlfriend believes he should pay because the support was being

Deducted from his paycheck several years back and he did not disp-

ute it then.

This article immediately sparked my interest regarding florida law,

Being that I am a Florida native. “Does florida law parallel Texas law

In similar cases?” I asked myself, “Are there men in florida dealing with

This very issue?”, I pondered. The answer is a resounding YES!

Many men sign the birth certificate at birth, or claim the child as the father

Publicly, or even the mother of the child can proclaim the child’s father.

In those instances, legal paternity has been established. According to

Florida statute 142.18, In order to remove or suspend legal paternity, a dna

Test must be completed to disestablish legal paternity and prove non biological


Now in order for the process to start, the legal father must be current and

Up to date on child support! In most, if not all cases, the support payments

Will be either suspended or held in the account while dna is reviewed and det-

ermined. I found it fascinating that in order to even be able to disestablish legal

Paternity to remove the non biological father from child support, that individual

Has to make sure all back support is paid. The objective of the state is to make the

Child first priority, but everyone needs someone in their corner.


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