Legal Question in Family Law in Illinois
Sue ''real'' father of child...
I was approached by a girl that I had slept with as a one night stand. I have been giving her money since she found out she was pregnant. I had given her mostly cash for cell phone bills, car repairs, rent, food, cigarettes, the list goes on and on. I have given her just shy of $10,000 in the last 9 months. I just submitted to a DNA test because she wants MORE MONEY. My question is...''If it is found that the child isn't mine...can I sue to get some if not all of my money back?'' ''Who do I sue if I can...the mother or the real father?'' I believe that she has known that the other guy is possibly the real father and used me for financial gain. She waited 8 months after child birth to apply for a DNA test and still has gotton nowhere. I took it upon myself and paid $640 (full services) for someone to come to her house and take the samples. I did this because she always had an excuse for why she couldn't make the appointments set up for her.
2 Answers from Attorneys
Re: Sue ''real'' father of child...
You would have to sue her if you were going to sue anyone, for reimbursement of the money you paid her, as she was the recipient. The real father isn't a party to what she is doing, as far as what you've mentioned. The hard part of getting the money back though, is that you need a way to prove that you paid her this money. If it was all in cash, it is very difficult to prove unless she just admits it. It would be a good idea to consult with a family law attorney about this.
Re: Sue ''real'' father of child...
Hello. I suggests that you not make any additional payments to this young lady. Technically there is no test that can represent with 100% certainty that a man is in fact the father of a child. You can be implicated as the father of a child by paying the mother which can be interpreted as a public acknowledgement that you are the father. I am not saying that will be the case in your situation, but for your own future financial protection I suggests that you refrain from making any more payments to her. Should the DNA test exclude you as the father, it may be possible for you to file a lawsuit against the actual biological father of the child for the money that you have paid, once that gentlemen is identified and actually declared the biological father of the child by a court judge.
The fact that you obtained the services of a company that took sames at your home will not necessarily keep the young lady from filing a paternity action against you, if the test does exclude you from paternity. It is best to proceed through the process of filing a court action in which you request that the court determine that you are not the biological father of this child. This is very complicated and you should have a lawyer to protect your interest here. Will be happy to discuss this further and in more detail.