CLARENCE DAVIS, APPELLANT,
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, APPELLEES
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MOORE, Judge.
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 ing the mother’s financial resources by allowing the court to consider the circumstances and ability of the father only. The father alleges that the statute denies unmarried fathers the equal protection of the law because married fathers in child support proceedings are entitled to have the mother’s financial ability considered pursuant to Section 61.13, Florida Statutes (1979).
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.
LETTS, C. J., and ANSTEAD, J., concur.
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Hornsby v. Newman, 444 So. 2d 90 (Fla. 4th DCA 1984)…, there is another, perhaps even more glaring deficiency in the record. Appellee/mother failed to establish her need for, and the father’s ability to pay a reasonable attorney’s fee. Cf. Davis [*92] v. Department of Health & Rehabilitative Services, 403 So. 2d 584 (Fla. 4th DCA 1981). See generally Cummings v. Cummings, 330 So. 2d 134 (Fla.1976). Accordingly, the order on appeal is reversed and the cause is remanded for further proceedings consistent with this opinion. REVERSED AND REMANDED. DOWNEY, BERANEK…