Illinois - Ordered to Pay Child Support for Child Not Mine

[tntitan]

What is the name of your state (only U.S. law)? Illinois
I signed the birth certificate and acknowledgment of paternity of girl I thought was mine in 2001. I was suspicious early that she wasn't and took a home DNA test. The home test proved I wasn't the father. The mother of the child secretly had another home test done with the actual father using my name, so the 2nd report said I was the father. She acknowledged I wasn't the father and we went our separate ways, until 2005 when I was ordered to pay child support by the state as my name was still on the birth certificate. I hired a lawyer and he was able to have a state issued DNA test done to remove my name, but she never showed up twice. So now 2016 comes around and I get served child support papers again. The state is again looking for child support as she receives state assistance. I explain everything that has happened to the judge and and even it shows in the system that the 2005/6 case is still open, but I was still ordered to pay support. I have contacted the lawyer who represented me back in 2005, but he hasn't responded yet. I also have contacted several other lawyers in seek of help, but most charge a consultation fee. I'm desperate for any help as this affects my family with the money they are ordering me to pay and remove from my checks. What options do I have. Any assistance would be greatly appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois
I signed the birth certificate and acknowledgment of paternity of girl I thought was mine in 2001. I was suspicious early that she wasn't and took a home DNA test. The home test proved I wasn't the father. The mother of the child secretly had another home test done with the actual father using my name, so the 2nd report said I was the father. She acknowledged I wasn't the father and we went our separate ways, until 2005 when I was ordered to pay child support by the state as my name was still on the birth certificate. I hired a lawyer and he was able to have a state issued DNA test done to remove my name, but she never showed up twice. So now 2016 comes around and I get served child support papers again. The state is again looking for child support as she receives state assistance. I explain everything that has happened to the judge and and even it shows in the system that the 2005/6 case is still open, but I was still ordered to pay support. I have contacted the lawyer who represented me back in 2005, but he hasn't responded yet. I also have contacted several other lawyers in seek of help, but most charge a consultation fee. I'm desperate for any help as this affects my family with the money they are ordering me to pay and remove from my checks. What options do I have. Any assistance would be greatly appreciated.

After 12 years it's unlikely that you'll be disestablished as the father. If you are to stand any chance, you're going to need an attorney - and even then, you should be prepared for the court to say "no".

 

[Zigner]

What is the name of your state (only U.S. law)? Illinois
I signed the birth certificate and acknowledgment of paternity of girl I thought was mine in 2001. I was suspicious early that she wasn't and took a home DNA test. The home test proved I wasn't the father. The mother of the child secretly had another home test done with the actual father using my name, so the 2nd report said I was the father. She acknowledged I wasn't the father and we went our separate ways, until 2005 when I was ordered to pay child support by the state as my name was still on the birth certificate. I hired a lawyer and he was able to have a state issued DNA test done to remove my name, but she never showed up twice. So now 2016 comes around and I get served child support papers again. The state is again looking for child support as she receives state assistance. I explain everything that has happened to the judge and and even it shows in the system that the 2005/6 case is still open, but I was still ordered to pay support. I have contacted the lawyer who represented me back in 2005, but he hasn't responded yet. I also have contacted several other lawyers in seek of help, but most charge a consultation fee. I'm desperate for any help as this affects my family with the money they are ordering me to pay and remove from my checks. What options do I have. Any assistance would be greatly appreciated.

After 15 years, you're going to need an attorney if you want to have ANY chance of challenging the Voluntary Acknowledgement of Paternity that you signed. I really don't think it's going to happen, but your attorney would be in a better position to advise you.

ETA: Aside from the number of years...yeah, what Pro said.

 

[Zigner]

After 12 years it's unlikely that you'll be disestablished as the father. If you are to stand any chance, you're going to need an attorney - and even then, you should be prepared for the court to say "no".

Psstt...

He signed the VAP in 2001...15 years ago

 

[Ohiogal]

The child is yours. You waited far too long to dispute paternity after volunteering acknowledging such. You should have learned the laws.

 

[Proserpina]

Psstt...

He signed the VAP in 2001...15 years ago

(insert "lackacaffeine face" here)

Oops!

Then there's no chance on this planet that paternity - and thus, child support - are going to be overturned at this point.

 

[LdiJ]

The child is yours. You waited far too long to dispute paternity after volunteering acknowledging such. You should have learned the laws.

You do not think that an attorney could do anything with the fact that a DNA test was ordered in 2005 by a judge and mom never showed up with the child for testing on two different occasions?...and the child support order from back then was thrown out?

 

[Zigner]

You do not think that an attorney could do anything with the fact that a DNA test was ordered in 2005 by a judge and mom never showed up with the child for testing on two different occasions?...and the child support order from back then was thrown out?

The only hope the OP has to hang his hat on to to prove a "material mistake of fact" - no other grounds to vacate the VAP exist. The OP WILL need an attorney, because the burden is on him to prove it.

ETA: The lack of DNA testing in 2005 really doesn't come in to play here, nor does the cessation of child support at that time.

 

[Proserpina]

You do not think that an attorney could do anything with the fact that a DNA test was ordered in 2005 by a judge and mom never showed up with the child for testing on two different occasions?...and the child support order from back then was thrown out?

Where does he say the child support order was thrown out? I'm reading it as the state ordered testing, but Mom didn't show ... hence no testing.

 

[LdiJ]

Where does he say the child support order was thrown out? I'm reading it as the state ordered testing, but Mom didn't show ... hence no testing.

He said this:

until 2005 when I was ordered to pay child support by the state as my name was still on the birth certificate. I hired a lawyer and he was able to have a state issued DNA test done to remove my name, but she never showed up twice.

I took that as the lawyer got the child support shut down. At least, that is what I think that any lawyer would do if the mom didn't show up with the child for testing, twice.

Also, if there was already a child support order in place, then he wouldn't be getting paperwork to start a new child support order. They would be holding him in contempt for non payment instead.

I think that there might be a tiny bit of hope that an attorney could do something with the 2005 information. It would at least be worth checking into. This situation is patently unfair. Mom knows that he is not the father and knows who IS the father. They figured that out early on from home DNA tests.

 

[Zigner]

He said this:



I took that as the lawyer got the child support shut down. At least, that is what I think that any lawyer would do if the mom didn't show up with the child for testing, twice.

Also, if there was already a child support order in place, then he wouldn't be getting paperwork to start a new child support order. They would be holding him in contempt for non payment instead.

I think that there might be a tiny bit of hope that an attorney could do something with the 2005 information. It would at least be worth checking into. This situation is patently unfair. Mom knows that he is not the father and knows who IS the father. They figured that out early on from home DNA tests.

Sure, but DAD (legal dad, ie: our OP) was also aware of it and has done NOTHING to remedy the matter in 15 years. As I said earlier, the 2005 "information" doesn't mean anything in this case since there was no DNA testing done, nor was there any attempt to vacate the VAP. The "material mistake of fact" angle is all the OP has to hang his hat on.

 

[LdiJ]

Sure, but DAD (legal dad, ie: our OP) was also aware of it and has done NOTHING to remedy the matter in 15 years. As I said earlier, the 2005 "information" doesn't mean anything in this case since there was no DNA testing done, nor was there any attempt to vacate the VAP. The "material mistake of fact" angle is all the OP has to hang his hat on.

I think that dad thought he did remedy the matter, in 2005. He ended up without a child support order in 2005. I do not think that he knew it could come back on him again. His attorney should have known that and should have told him, but it doesn't appear that happened.

 

[Zigner]

I think that dad thought he did remedy the matter, in 2005. He ended up without a child support order in 2005. I do not think that he knew it could come back on him again. His attorney should have known that and should have told him, but it doesn't appear that happened.

You think that dad, based on an open case for which no DNA testing was done, actually thought that he was no longer legally dad?

ETA: Not that it matters with regard to an attempt to vacate the VAP.

 

[LdiJ]

You think that dad, based on an open case for which no DNA testing was done, actually thought that he was no longer legally dad?

ETA: Not that it matters with regard to an attempt to vacate the VAP.

Based on what he wrote, yes, I think that is what he thought. Remember, the average ordinary guy would think that walking away without a child support order meant that it was all over. We cannot expect that the average, ordinary guy would even understand that the birth certificate had to be corrected as well.

 

[Zigner]

Based on what he wrote, yes, I think that is what he thought. Remember, the average ordinary guy would think that walking away without a child support order meant that it was all over. We cannot expect that the average, ordinary guy would even understand that the birth certificate had to be corrected as well.

Sorry, but I don't think that's the case - this guy NEW he was on the hook as "dad", legally speaking, because he was wise enough to ask for DNA testing.

Perhaps it's another "agree to disagree" situation