Legal Question in Family Law in Illinois

If a parent decides they want dna testing for a child after the divorce is final, are they required to pay the agreed upon child support payment, no matter what the outcome of the test shows?


Asked on 1/24/10, 5:56 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Unless and until a court vacates the order, yes, it must be paid, no matter what the results of the test are.

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Answered on 1/30/10, 3:45 pm
John Steele Steele Law Firm

I believe your question is whether you have to pay after you find out the results and the results say you are not the father. The answer is probably not. If you were married when the child was born, you did not sign a VAP. Thus there is only a 'presumption' you are the father. That presumption can be overcome with DNA test saying your not the father. Then you would be off the hook. There are many rules regarding support. Feel free to contact me if you have any more questions.

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Answered on 1/31/10, 12:07 pm


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