DONALD MELVIN LYNN, APPELLANT,
v.
RUTH R. LYNN, APPELLEE
DONALD MELVIN LYNN, APPELLANT,
RUTH R. LYNN, APPELLEE
358 So. 2d 908
Florida District Court of Appeal, First District (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
[*909] PER CURIAM.
The trial court in a dissolution judgment ordered husband/appellant to pay child support to a child born during the marriage who both parties admitted was not biologically appellant’s child. We reverse. There is no legal duty to provide support for a child who is not a party’s natural or adopted child and for whose care the party has not contracted. Taylor v. Taylor, 279 So. 2d 364 (Fla. 4th DCA 1973); Bostwick v. Bostwick, 346 So. 2d 150 (Fla. 1st DCA 1977).
REVERSED.
MILLS, Acting C. J., and ERVIN and MELVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Purvis v. State, 377 So. 2d 674 (Fla. 1979)…LVII] presumption of legitimacy of a child born in wedlock, the presumption may be rebutted, Gamon v. Cobb, 335 So. 2d 261 (Fla.1976), and the husband who is not the child’s biological father has no legal duty to provide child support. Lynn v. Lynn, 358 So. 2d 908 (Fla. 1st DCA 1978). If the classification is to serve this purpose, it is overinclusive because it includes couples who indulge shortly before their marriage, conceive, and give birth after the wedding. A child of such a union is no more likely to…
-
Dep't OF Revenue v. James (Willie) Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004)…a legal father may have no duty to support a child of the marriage that is not his biological child. See Daniel, 695 So. 2d 1253; Albert v. Albert, 415 So. 2d 818 (Fla. 2d DCA 1982); Gantt v. Gantt, 716 So. 2d 846 (Fla. 4th DCA 1998); Lynn v. Lynn, 358 So. 2d 908 (Fla. 1st DCA 1978). In such a case, when confronted with a complaint filed by the State seeking child support, the legal father may seek to disavow his parental rights and responsibilities in favor of a biological father. But see Gantt, 716 So. 2d…
-
Hippen v. Hippen, 491 So. 2d 1304 (Fla. 1st DCA 1986)…s well settled that a person has no legal duty to provide support for a minor child who is neither his natural nor adopted child and for whose care and support he has not contracted. Albert v. Albert, 415 So. 2d 818 (Fla. 2d DCA 1982); Lynn v. Lynn, 358 So. 2d 908 (Fla. 1st DCA 1978); Bostwick v. Bostwick, 346 So. 2d 150 (Fla. 1st DCA 1977). It is appellant’s argument that Bruce Hippen impliedly contracted to support the children when he signed various documents claiming the children as his own. She cites Mar…
Authorities Cited
- Taylor v. Taylor, 279 So. 2d 364 (Fla. 4th DCA 1973)
- Bostwick v. Roseland Juliann Bostwick, 346 So. 2d 150 (Fla. 1st DCA 1977)