Legal Question in Family Law in Illinois
I'm not the biological father
I just recently found out that I am not the biological father of a 9 year old that I have been paying child support for. The mother has know the truth since 2004. I need child support to stop. The 9 year knows the biological father as his father, he has never met me. How can I get this stopped? Also, if the biological father adopts him, would child support automatically stop?
2 Answers from Attorneys
Re: I'm not the biological father
There are several questions before I can answer this. If you signed a voluntary acknoledgment of paternity, you WILL NOT be able to stop child support until the child is 18, regardless of a DNA test showing you are not the father. Sounds rough, but that is the state of IL law. If you did not sign that document, you will be able to get out of any more support with a DNA test. Feel free to let me know what you signed, and what you agreed to, and I will try to help further.
Re: I'm not the biological father
Assuming the mother won't do anything by agreement, you need to get into court to prove that you're not the father. DNA testing may be required. I'd like to hear more.
If the father adopts him you're entitled to have support stopped but you'd still likely need to get into court to officially stop it.
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