The 2023 Florida Statutes (including Special Session C)
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. . . For further information, see Section 742.18, Florida Statutes. Special notes ... . . .
. . . Because the trial court failed to make the requisite findings under section 742.18(2), Florida Statutes . . . In August 2015, Augustin filed a petition to disestablish paternity under section 742.18. . . . To grant relief under section 742.18(2), a trial court must find that seven factors enumerated in the . . . statute are met. § 742.18(2)(a)-(g). . . . Thus, Augustin did not meet his statutory burden of proving the factors set forth in section 742.18(2 . . .
. . . of a dependent child, appeals an order denying his petition to disestablish paternity under section 742.18 . . . Section 742.18 contains no such requirement. . . . As noted above, Privette was decided prior to the enactment of section 742.18. . . . To the extent Privette was not superseded by section 742.18, it has no .application to these facts. . . . trial court finds on remand that all of the requirements for disestablishing paternity under section 742.18 . . .
. . . The trial court determined that section 742.18 was not exactly on point. . . . Relying on section 742.18, J.R. . . . Section 742.18 “establishes circumstances under which a male may disestablish paternity or terminate . . . a child support obligation when the male is not the biological father of the child.” § 742.18(1). . . . to s. 742.10(4).” § 742.18(11). . . .
. . . steel was visible where the wharfs concrete structure showed deteriora-tiom.TR at 2226 (Germano), DX 742.18 . . .
. . . Finding that section 742.18, Florida Statutes (2016)—which outlines the procedure for disestablishing . . .
. . . appeals from a final order granting MJ.M.’s petition to disestablish paternity pursuant to section 742.18 . . . This is exactly how our court has interpreted section 742.18. . . . A DNA test showed that he was not, and he filed a petition under section 742.18. Id. . . . See § 742.18(2)(a). . . . Relying on that language, DOR asserts that section 742.18(l)(b) does effect a time-bar. . . . to act with due diligence and did not satisfy the newly discovered evidence requirement of section 742.18 . . . for just cause to pay the delinquent child support when the delinquent child support became due. § 742.18 . . . the trial court could make the necessary findings for M.J.M. to be entitled to relief under section 742.18 . . . the disestablishment of his paternity because he has not and cannot meet the requirements of section 742.18 . . .
. . . See § 742.18(1), Fla. Stat. (2014). However, Silva has not filed such a petition. . . .
. . . . § 742.18(1), Fla. Stat. (2015). . . . See § 742.18(l)(a)-(b), Fla. Stat. . . . .” § 742.18(5), Fla. Stat. . . .
. . . him and in favor of Appellee, on Appellant’s petition to disestablish paternity pursuant to section 742.18 . . . On March 3, 2015, Appellant filed his petition to disestablish paternity, pursuant to section 742.18, . . . Accordingly, these facts under section 742.18 were disputed facts. See Lacombe v. . . . This Court has previously recognized that prior to the 2006 enactment of section 742.18, the Florida . . . The material facts required to disestablish paternity under section 742.18 are set .out in that statute . . .
. . . Hartsell’s motion after finding that it substantially complied with the requirements of section 742.18 . . . Compliance with Section 742.18, Florida’s Paternity Disestablishment Statute The Department argues that . . . Section 742.18(1) provides that a petition for disestablishment of paternity “must be served on the mother . . . Court found that “Father’s unsigned letter and accompanying motion did not comply with the [section 742.18 . . . Hartsell’s motion, which we find substantially complies with the pleading requirements of section. 742.18 . . .
. . . . § 742.18,- Fla. Stat. (2015). In this case, however, Mr. . . . Ceasar has not pled a basis to disestablish paternity under either § 742.10(4) or § 742.18. . . .
. . . ANALYSIS Section 742.18(5), Florida Statutes (2006), requires a party to pay child support arrears that . . .
. . . For further information, see Section 742.18, Florida Statutes. Special notes ... . . .
. . . . § 742.18, Fla. Stat. (2015). . . . not plead any basis to contest or disestablish paternity under subsection 742.10(4) or under section 742.18 . . .
. . . s agreement with its patients to obtain insurance availability prior to service— At the very least $742.18 . . .
. . . E.W., 75 So.3d 777 (Fla. 2d DCA 2011) (recognizing 2006 enactment of section 742.18, Florida Statutes . . .
. . . For further information, see Section 742.18, Florida Statutes. Special notes ... . . .
. . . Stat. (2014), or that there is newly discovered evidence of the paternity of the child, § 742.18(1). . . . See § 742.18(l)(b), Fla. Stat. (2014). . . .
. . . paternity] had instituted proceedings under section 742.10(4), Florida Statutes (2009), or section 742.18 . . . Section 742.18(l)(a) "establishes circumstances under which a male, may disestablish paternity or terminate . . .
. . . We then address the equal protection argument that section 742.14, in combination with section 742.18 . . . We further hold that sections 742.18(2) and 742.14, in providing an exception to the statutory relinquishment . . . Equal Protection The majority also concludes that sections 742.14 and 742.18(2) violate the equal protection . . .
. . . .; see also §§ 63.087, 742.18, Fla. Stat. . . .
. . . As a result, pursuant to section 742.18, Florida Statutes (2011), Mr. . . . Hickman contends that the trial court erred by concluding that under section 742.18, Florida Statutes . . . Enacted in 2006, section 742.18 created a new cause of action for disestablishing paternity. . . . Section 742.18(5) specifically confirms all previous legal actions based on the father’s status prior . . . Blocker, 988 So.2d 1292, 1293 (Fla. 2d DCA 2008) (noting “section 742.18 ... allows a male to petition . . .
. . . trial court denied the petition, concluding that it did not comply with the requirements of section 742.18 . . . or terminate a child support obligation when the male is not the biological father of the child.” § 742.18 . . . Section 742.18(l)(b) provides that the father’s petition to disestablish paternity must include “[t]he . . . Section 742.18(4) requires that the petition be denied if the petitioner “fails to make the requisite . . . See § 742.18(l)(b), Fla. Stat. (2009). . . . .
. . . Section 742.18, Florida Statutes (2008), provides for the disestablishment of paternity or the termination . . . and argued that the trial court failed to make the findings on the seven factors required by section 742.18 . . . the petition “upon a finding by the court of all of the following” factors listed in that section. § 742.18 . . . We note that the factor in section 742.18(2)(b) is that “[t]he scientific test required in paragraph . . . However, section 742.18(7)(b) provides for the situation when a party fails to appear for scientific . . .
. . . On appeal, the Former Husband first argues that the trial court erred in determining that section 742.18 . . . See § 742.18(l)(a), (2)(a). . . . Section 742.18(1) provides as follows: (1) This section establishes circumstances under which a male . . . He maintains that pursuant to section 742.18(2), “[t]he court shall grant relief on a petition” that . . . It is undisputed here that the Former Husband has satisfied section 742.18(2)(b)-(g). . . .
. . . Appellant failed to include newly discovered evidence with his petition, as required under section 742.18 . . . not the biological father of the child, constituted newly discovered evidence for purposes of section 742.18 . . . Section 742.18 establishes the procedure for disestablishment of paternity and provides in relevant part . . . Pursuant to section 742.18(2), a trial court could grant relief on a petition filed in accordance with . . . After examination of the text in section 742.18, we find that the plain language in section 742.18 requires . . .
. . . facts if Lynch had instituted proceedings under section 742.10(4), Florida Statutes (2009), or section 742.18 . . . Under section 742.18(1), “a male may disestablish paternity or terminate a child support obligation when . . . Travis, 971 So.2d at 161 (citing § 742.18(l)(a)-(c)). . . . letter to the circuit court does not present sufficient grounds to disestablish paternity under section 742.18 . . . See § 742.18(1)(a), (c) (describing contents of the required affidavits). . . .
. . . Disestablishment of Paternity Forms Section 742.18, Florida Statutes (2009), permits a man who is not . . . See § 742.18(l)-(2), Fla. Stat. (2009). . . . For further information, see Section 742.18, Florida Statutes. Special notes... . . .
. . . dismissing his petition to disestablish paternity and terminate child support filed pursuant to section 742.18 . . . because of the former husband’s failure to meet several of the requirements set forth in subsection 742.18 . . . Section 742.18 provides, in relevant part: (1) This section establishes circumstances under which a male . . . See § 742.18(l)(b), Fla. Stat. In such a case, the court may order the child tested. Id. . . . We find the language of section 742.18 to be plain and unambiguous. . . . Acknowledgment of Paternity (“Petition for Disestablishment of Paternity”), filed pursuant to section 742.18 . . . Prior to the enactment of section 742.18 in 2006, see Ch. 2006-265, § 1, at 2818-23, Laws of Fla., a . . . Johnston, 979 So.2d 337, 338-39 (Fla. 1st DCA 2008) (quoting § 742.18(l)(a), Fla. Stat. (2006)). . . . In enacting section 742.18, the Legislature therefore created a new substantive right. . . . Whether the ninety-day provision in section 742.18(l)(b) is jurisdictional. . . .
. . . grounds in 742.10(4) or the “newly discovered evidence” necessary to disestablish paternity under section 742.18 . . .
. . . provides for court-ordered scientific testing at the request of a party in a paternity action and section 742.18 . . .
. . . See §§ 742.18, 409.2563(4)0, Fla. Stat. (2008). . . .
. . . stated that it considered Father’s correspondence as a petition for disestablishment under section 742.18 . . . unsigned letter and accompanying motion as a petition for disestablishment of paternity under section 742.18 . . . This court recently noted that the plain language of section 742.18 establishes a new cause of action . . . Under section 742.18, Florida Statutes, a petition for disestablishment of paternity must include: (a . . . for just cause to pay the delinquent child support when the delinquent child support became due. § 742.18 . . .
. . . Department properly acknowledges that Blocker may be entitled to challenge his paternity through section 742.18 . . .
. . . lawful challenge under section 742.10(4), Florida Statutes, when read in pari materia with section 742.18 . . .
. . . The petition was filed under section 742.18, Florida Statutes (2006), and was dismissed by the trial . . . We reverse pursuant to the authority of section 742.18, Florida Statutes (2006), enacted by the Legislature . . . Former Husband moved to disestablish his paternal obligations under section 742.18, Florida Statutes. . . . Section 742.18, Fla. . . . We hold that section 742.18 must be interpreted to authorize a male to seek to disestablish paternity . . .
. . . See §§ 742.10(4), 742.18, Fla. Stat. (2007). . . . See § 742.18(11), Fla. Stat. (2007). . . . If he proceeds pursuant to section 742.18, Florida Statutes (2007), he must file a petition in circuit . . . See § 742.18(2)(a)-(g), Fla. Stat. (2007). But Mr. . . . See § 742.18(3)(a)-(f), Fla. Stat. (2007). . . . .
. . . That statute, section 742.18, became effective June 20, 2006, and provides a remedy in circuit court . . . child support "shall not be suspended while the petition is pending except for good cause shown.” § 742.18 . . .
. . . contesting father must file a petition with the court and follow the requirements enunciated in section 742.18 . . . signed a paternity acknowledgment form unless the court determines that all factors listed in section 742.18 . . .
. . . Effective in June 2006, the legislature created Florida Statutes section 742.18, which permits a "male . . .
. . . See § 742.18, Fla. Stat. (2006). . . .
. . . that the Legislature did, in fact, address some of these policy considerations when it enacted section 742.18 . . . Moreover, as referenced in footnote 5, supra, we note that section 742.18, which provides the means and . . . child support obligation, forecloses the right to be compensated for child support already paid. § 742.18 . . .
. . . confirmatory information,” (Greenberg, 364 F.3d at 668 n. 16, and Amended Complaint at ¶¶ 742.5, 742.16, 742.18 . . .
. . . See District of Columbia Department of Human Services, Public and Medical Assistance Handbook at § 742.18 . . .