Posted by Nydia Streets of Streets Law in Florida Child Support

Personal jurisdiction in a Florida family law case refers to the right or power a court has to make decisions affecting a person. The first step to establishing personal jurisdiction over a person is to have that person served with notice of a lawsuit. Without personal jurisdiction, a court lacks the ability to enter orders telling a person to do something or to restrict his or her rights. This was an issue in the case Dep't of Revenue ex rel. T.H.W. v. D.E.B, 2D20-271 (Fla. 2d DCA February 12, 2021).

A child support proceeding was initiated against the alleged father of the child. He answered the proceeding arguing that while he was named as the father on the birth certificate, he became aware he is not the biological father and that the child was living with the mother and biological father. At a hearing, the mother admitted the alleged father was not the biological father. DNA testing was therefore ordered. The court also added to the order that the alleged biological father, who was not a party to the case, had to undergo testing. The court ordered the Department of Revenue (DOR) to pay for expenses associated with the testing and to ensure it was completed. DOR appealed by filing a petition for writ of certiorari.

The appellate court agreed with DOR that the order departed from the essential requirements of the law and would cause irreparable harm to DOR. It stated “The trial court ordered genetic testing of a nonparty. DOR would have to assist, financially and otherwise, in arranging for and conducting a genetic test on someone who is not before the court. To be clear, we do not issue the writ because D.L.B.'s rights have necessarily been violated. We issue the writ because DOR will be irreparably harmed by being required to carry out the terms of a void order as it relates to D.L.B.”

Next the appellate court determined there was no subject matter jurisdiction to order paternity testing for the non-party alleged biological father. The court held “Similarly, here, the only issue before the court was DOR's child support petition and, maybe, D.E.B.'s request to disestablish his paternity. See Spraggs, 213 So. 3d at 961. Consequently, the trial court lacked subject matter jurisdiction to order genetic testing of D.L.B. None of the prescribed procedures were followed such that the trial court possessed the necessary authority to issue the order as to D.L.B. [. . . ]. Although section 742.18 permits the trial court to order genetic testing in a disestablishment action, it does not allow for genetic testing of nonparties. And for good reason. Such testing is not necessary to disestablish D.E.B.'s paternity, nor is such testing relevant as the trial court could not establish D.L.B.'s paternity in the absence of an action to establish his paternity under section 742.10. And, D.L.B.'s paternity (or lack thereof) strikes us as irrelevant to D.E.B.'s support obligation.”

Disestablishment of paternity in Florida requires specific and timely steps to be taken. Schedule a consultation with a Miami paternity lawyer to determine the next best steps in your case.