Legal Question in Family Law in Illinois

Possible Paternity issue, paying child support

My fiance's ex wife has been making our life...difficult. She has taken him to court recently stating that he owes an enormous amount of money in back child support, that he doesn't owe. He has questioned the paternity of the son she says is his. My question is, If he gets a paternity test court ordered, and it is negative, how does that effect child support, and the current court battle? Or more specifically, if it is negative, will he still have to pay?


Asked on 6/08/07, 8:10 am

1 Answer from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: Possible Paternity issue, paying child support

Be very careful here...I really need more information. These types of cases can get very difficult depending on the timing of the son's birth. See, when a child is born when people are married the husband is presumed to be the father. And then there's a 2-year limitation to challenge a child's paternity after the alleged father "knew" of the possibility that the child may not be his. Get in and speak with a good family lawyer immediately. There are situations where father's who are NOT the biological father ARE held to be the legal father for purposes of custody and child support. It sounds weird but IL courts have done this more than once.

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Answered on 6/08/07, 10:03 am


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