Paternity & Child Support – Unmarried Parents in Florida
Legal Clarity for Financial and Parenting Rights
In Florida, child support isn’t automatic when parents aren’t married. Legal paternity must be established before a mother can request support—or before a father can assert custody rights. This page explains how unmarried parents can navigate both.
Legal Fatherhood Comes First
Why Paternity Is the Key to Child Support
Before child support can be ordered, the man must be legally recognized as the child’s father. This typically involves either signing a Voluntary Acknowledgment of Paternity or going through the court system to confirm paternity through a DNA test or legal petition.
Florida’s
Department of Revenue (DOR) often handles these cases on behalf of mothers seeking support. However, working with a private attorney like Kathleen Davies allows both
support and custody to be addressed in one civil paternity case—ensuring all rights and obligations are clear from the start.
How Support Is Calculated
Florida’s Income Shares Model Applies to All Parents
Once paternity is confirmed, the same child support guidelines apply as in divorce or married-parent cases. Support is based on the combined income of both parents and the time-sharing arrangement.
The fact that the parents were never married doesn’t change the math. You can learn more on our Florida Child Support Guidelines page for a breakdown of the calculation process.
Retroactive Child Support
Support Can Be Owed for the Past
Florida law allows courts to order retroactive child support for up to 24 months before the petition is filed, or back to the child’s birth if appropriate. This is especially common if the father hasn’t provided financial assistance voluntarily.
Fathers should be aware they may owe a lump sum once paternity is confirmed, while mothers should know they can
request reimbursement for earlier costs like childcare and basic needs.
Enforcing Support for Unmarried Parents
Legal Tools Ensure Compliance After Orders Are Set
Once a support order is in place, enforcement mechanisms apply whether or not the parents were ever married. Wage garnishment, income deduction orders, and enforcement motions can all be used to collect unpaid support.
In
Title IV-D cases (involving the DOR), the state may handle enforcement. In private cases, your attorney can file a motion for
contempt of court or other
enforcement actions if payments stop.
Parenting Plans & Custody Rights
Support and Visitation Are Legally Separate
Child support and visitation are separate legal matters. A father paying support doesn’t automatically gain parenting time unless it’s formally granted in a parenting plan. Likewise, a mother can’t legally withhold visitation due to nonpayment.
Our firm helps unmarried parents establish a complete legal plan covering both
financial support and
parenting time, so each side knows where they stand. See our Unmarried Parents Custody page for more about custody rights in these cases.
Take the Next Step with Confidence
Secure Support or Assert Your Parental Rights Today
Whether you’re a mother seeking financial assistance or a father wanting parenting time, the first step is legal clarity. We’ll guide you through establishing paternity, calculating fair support, and creating an enforceable agreement that puts your child’s well-being first.
Contact us to get started with your Florida paternity and support case.
