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.


Asked on 3/06/00, 6:55 pm

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.

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Answered on 3/21/00, 5:35 am


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