Davis v. Department of Health & Rehabilitative Services
Davis v. Department of Health & Rehabilitative Services
Opinion of the Court
This is an appeal from a final judgment of paternity ordering the father to pay child support pursuant to Section 742.041, Florida Statutes (1979). The father challenges the constitutionality of Section 742.041 on equal protection grounds, contending that Section 742.041(2) prohibits the court from consider
We find that Section 742.031, Florida Statutes (1979), read in pari materia with Section 742.041, allows the court to consider the mother’s ability to pay child support. Therefore, the statute does not pose an equal protection problem on this ground.
Accordingly, the final judgment is affirmed.
AFFIRMED.
Reference
- Full Case Name
- Clarence DAVIS v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Donna Owens, individually, and as mother, next friend and natural guardian of Dominique Nicol Owens, a minor
- Cited By
- 1 case
- Status
- Published