Legal Question in Family Law in Illinois
DOES A MINOR CHILD PAY CHILD SUPPORT?
Our 16 year old son is dating an 18 year old girl. She has announced that she is pregnant. Since my son is a minor is he legally responsible for child support or what is he legally responsible for? Are we his parents legally responsible for anything since we are his guardians??? They seem excited right now and want to keep the baby and someday get married. Thank you very much for your help.
1 Answer from Attorneys
Re: DOES A MINOR CHILD PAY CHILD SUPPORT?
Assuming your son is the father, he
is responsible for child support even
if he is only 16. However, it is
smart to have them submit to a DNA
test once the child is born to make
certain that he is not excluded from
paternity. Currently, no test exists
which can actually determine paternity
with 100% accuracy. Even then, your
son is entitled to a trial, but would
then have to prove by clear and
convincing evidence that he is not the
father, should he have any doubts.
Since he is still a minor, the court
will, in all likelihood, want you
present at all proceedings, and in
Illinois you have grandparent's rights
which protect your interest in seeing
your grandchild. Once the baby is
born, you, on behalf of your son,
should file a parentage petition to
determine paternity, if the young
lady does not initiate the action.
This will get the matter before the
court and DNA testing can then be
court ordered, however the party
asking for the test will usually
have to pay the cost of the test.