When attempting to secure child support payments, what is required? Proving paternity is necessary for receiving child support, and the Skokie child support lawyers at Gordon & Perlut, LLC, can help with this critical issue.
Paternity is the legal proof that a man is the father of a child. If the mother was married or in a civil union when the child was born, Illinois courts presume that her husband is the person who is the father because he was married to the mother. In this case, the father’s name would be on the birth certificate, which is proof of paternity. Child support could now be ordered if appropriate, because paternity is not being questioned.
However, many children are born in Illinois where the parents are unmarried. When this is the case, paternity must be established before the court will order child support.
If the mother and father were not married when the child was born, paternity is a question in the court’s mind. This means the father does not have to pay child support until paternity is proven. Proof of paternity can be a voluntary acknowledgment by the father or a DNA test.
The first way is by consent with a Voluntary Acknowledgement of Paternity (VAP) document. This is signed by the parents at the hospital or later at a local state health department. The paternity affidavit is a legal document stating that the man signing it recognizes he is the child’s father. The affidavit may be filed with the court, and the judge can sign it. After paternity has been established by consent, the mother may file a petition in court asking for child support.
If the man, allegedly the father, signed the affidavit, he has 60 days to change his mind and ask for a DNA test. If the alleged father wants to cancel the affidavit after 60 days, he must prove to the court that he was coerced or tricked into signing it.
The mother may enter an Administrative Paternity Order if she wants child support payments from the father. Both parents must support their children in Illinois whether they are married or not. When the father agrees to a DNA test and proves paternity, he is entered as the child’s father in the Illinois child support services database.
If the alleged father does not cooperate or is unavailable, the court can order an order of paternity as a response to the mother’s request. To obtain this order, you must file the petition with the family court, and evidence will be reviewed to determine who the father is. For example, the evidence might include whether the father is named on the birth certificate or DNA test results.
In some cases, the alleged father will not cooperate with a DNA test. If a test is conducted without the man’s knowledge, the test results cannot be admitted as evidence unless he has passed away. If you have difficulty proving paternity to receive child support, speak to an attorney immediately.
For a court to approve a child support request, paternity must be proven, and this can be difficult in some cases, but legal assistance is available. Contact our Skokie child support lawyers at Gordon & Perlut, LLC. We can help to resolve your child support concerns in short order. Call our Skokie child support lawyers at 847-329-0101.