How Can I Get Child Support if My Child’s Father Denies His Paternity?

 Posted on August 25, 2021 in Uncategorized

Any parent can tell you that having a child dramatically increases your monthly expenses. Housing costs, childcare expenses, tuition, and extracurricular fees are just some of the child-related expenses many parents contend with. It is even harder to cover these costs when you are a single parent. Consequently, financial assistance in the form of child support payments is a crucial necessity for unmarried and divorced parents. However, getting the child support you need can be difficult when the child’s father denies his biological relationship with the child.

What Happens if the Father Says He is Not the Father

Illinois law presumes that, if a woman gives birth, her husband is the baby’s father. However, there is no legal presumption of paternity if the mother is unmarried. Furthermore, relationships are complicated and marital infidelity does sometimes occur. Therefore, there are cases where a woman’s husband is not her child’s biological father. If you are unsure about who your child’s father is or your child’s father is denying his paternity, it is important to understand how this can impact child support.

You Must Establish Paternity to Receive Child Support

Some parents assume that an informal child support agreement will be adequate. Unfortunately, if you do not get an official child support order from the court, there is nothing that the court can do if the parent stops making child support payments.

To get court-ordered child support, you will first have to establish paternity. If parents agree about the father’s identity, the mother and father can sign a Voluntary Acknowledgement of Paternity. If the parents disagree, or there is uncertainty about the presumed father’s biological relationship with the child, further steps will need to be taken to establish paternity. The mother may need to file a petition with the Illinois Department of Healthcare and Family Services (HFS) or go through the court system to establish paternity. She will likely be asked to present arguments and evidence supporting her claim. DNA paternity tests are usually needed to establish paternity in cases like these. Once the father’s paternity has been established, you can petition the court for child support.

Contact a Cook County Paternity Lawyer

If you are not receiving child support, contact The Law Office of George J. Skuros for help. Chicago family law attorney George J. Skuros has more than three decades of family law experience. He and the rest of our team are committed to providing dependable legal support and strong representation during paternity cases, child support proceedings, and other family law matters. Call us at 312-884-1222 today for a free consultation.

Source:

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx