Jacksonville Divorce Lawyer A. James Mullaney answers the question, "The father of my child refuses to pay child support. What can I do in Florida?"

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To answer this question, I'm going to assume that there is no child support order already in place.

If the father of your child refuses to pay child support, you need to file a paternity case. Other than time sharing with the child, the only other issue that comes up in a paternity case is the amount of child support.

As part of a paternity case, the court will order a DNA test if the mother and potential father do not agree that he is the child's father. There does not need to be a test if there is an agreement that the potential father is the actual biological father.

After paternity is established, the court will determine the amount of child support based on the Florida Child Support Guidelines. The guidelines use the following factors to determine child support:

1. both parent's incomes,
2. who pays day care and how much,
3. who pays for the child's medical insurance and how much,
4. how many nights each parent spends with the child over the course of a year.

If a child support order is in place and the father is refusing to pay, the mother should look into filing a motion for contempt.

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