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Florida: Not The Father? That’s Okay. Pay Child Support Anyway.

Joseph Sinawa thought he was the father of a child. That’s what he was told and he signed the birth certificate saying as much.

However, the relationship or whatever he and the mother had soured and even though Sinawa was paying child support, he did not have visitation rights.

Sinawa went to court to seek those visitation rights. A judge in the case ordered a paternity test to prove that Sinawa was indeed the father of the child.

‘Lo and behold, the DNA testing came back saying that Sinawa was not the father.

If he is not the father, he should not be forced to pay child support would be the thinking of any rational human being. After all, not only was he paying the child support, he couldn’t see the child which is why he went to court in the first place.

The judge agreed with Sinawa and issued an order that as he was not the child’s father, Sinawa did not have to continue to pay child support.

With all of the problems in the State of Florida resolved and with nothing better to do, the State of Florida appealed the judge’s ruling.

ST. AUGUSTINE, Fla. — Joseph Sinawa feels like he’s fighting an uphill battle against the state of Florida. He’s being forced to pay child support despite a DNA test proving he is not the biological father.

“I signed the birth certificate because at the time I believed I was the biological father,” said Sinawa.

He says the child’s mother is even okay with him not paying child support because she doesn’t want anything to do with him, but the state is forcing the issue.

“She told the judge she just wants this to be done and over with, and so do I,” he says.

[….]

It was the Florida Department of Revenue that appealed the decision by the judge. The reversal meant Sinawa had to continue paying child support.

Apparently Sinawa, who is representing himself, didn’t jump through the right paperwork or something that no one really understands or that can justify the State’s appeal of the judge’s logical ruling.

So while Sinawa deals with the appeal, he is still having money taken out of his paycheck for child support for a child that is not his, and that he cannot see or visit.

That’s madness.

Here’s a guy who was doing the right thing. He wasn’t challenging the support payments. Instead of being an absent father, he was not only financially supporting the child, but also wanted to be a part of the child’s life – something that the mother apparently did not want or she would have allowed the visitations.

This is not a guy trying to get out of obligations. The reason he was in court was to get into more obligations – mainly being a part of what he thought was his child’s life.

Once Sinawa was determined by the DNA test to not be the father of the child, everyone should have said, “whoa. This can’t go on.”

That’s not how the system works though. Once an order of child support is entered, it is the State of Florida that becomes the “client,” so they can go to court and make the absurd charge that a man who is not the father of the child has to continue to pay for the child.

We have no problem with Florida aggressively pursuing fathers to pay for support of their children. The key there is “their children.” Once it is scientifically shown that the man is not the father of the child, the State has a duty – an ethical duty – to go after the real father, and not the guy who is not the father.

That, of course, makes too much sense.





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