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Thread: Legal Recourse?

  1. #1
    shynchitown Guest

    Legal Recourse?

    We live in Illinois. A woman has contacted my husband claiming that he is the father of her 20 year old son. She threatened to sue him. In light of the fact that the child is 20 years old, what can she sue him for?
  2. #2
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,357

    I presume he never signed a paternity acknowledgement?

    or took a DNA test to establish paternity? THat this has only NOW been brought up and was not filed previously when the child was small?

    If so:

    I can't imagine WHAT she expects to sue for. The age at which CS ends in IL is 18, and she can't sue at age 20 retroactively to recieve anything prior to the filing date.



    [url]http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=IL[/url]

    D. Age of Majority


    D1. What is the age of majority in your State?
    18

    D2. What is the statutory cite for the age of majority?
    755 ILCS 5/11-1 and (750 ILCS 5/505)

    D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.
    Under Illinois law the duty to support ends at the age of 18 unless the order provides otherwise.




    As to retroactive support, it appears they can only go back 2 years, and the child was already past age of majority 2 years ago:



    I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
    Support may be established back to the date of birth in a parentage or back to date of separation in an abandonment case. In a parentage action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. (750 ILCS 5/505; Public Aid Code 10-10,11,11.1)
    Last edited by nextwife; 09-18-2003 at 12:01 PM.
  3. #3
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
    Posts
    6,318
    Also, from the same website nextwife posted:

    E2. What is your State?s statute of limitations for paternity establishment?

    Generally, two years after the age of majority. However, the time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of this State shall toll the running of the statute.

    E3. Is dormancy revival/renewal possible?

    No


    Your husband is going to want to contact an attorney and find out if the court can even order a DNA test, that is, if he has never been legally established as the child's father.

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