Legal Question in Family Law in Illinois

Child has Son's Last Name

My son married a woman who was pregnant (she was pregnant before they were married and the child is not my son's, they only knew each other one month before they got married and the girl was already six months pregnant)and now they are getting a divorce. My question is at the time of the baby's birth the baby was given my son's last name BUT my son's name is not listed as the father on the birth certificate and he had to sign a form at Public Aid saying that he was not the biological father. The child just turned a year old and for most of their marriage they have been apart. Will he have to pay child support on this child even though he is not listed as the father and signed the form at Public Aid saying that he wasn't the biological father or will he have to pay support because of the presumption of the child being born during the marriage even though the mother was pregnant long before they even met and married?


Asked on 2/27/02, 12:27 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Child has Son's Last Name

Based on your information, it appears that your son never asserted that he was the father of the child. Therefore, he will not be required to pay child support so long as he disclaims any parental rights. If the mother requests child support, he could demand a paternity test which would resolve the issue in his favor. His marriage to the mother does not make him the father since he has disclaimed paternity which evidently was not disputed by the mother. He is advised to enter into a marital settlement agreement with the mother or participate in the legal action to insure that the final judgment reflects his position regarding the child.

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Answered on 2/27/02, 7:22 pm


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