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
In.
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
Paternity.
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.
