Legal Question in Family Law in Illinois

My husband was accused of fathering a daughter in the 80's. At the age of 10 the mother contacted him to sign his rights away so she could be adopted by her new husband. He said no because her wasnt sure he was the father and wanted a paternity test. He was ignored and the child was adopted by the new husband. My husband figured she was lieing, she had accused one other person. The girl has resurfaced after a health scare and wanted to know if he was her father. She is 23 now and they took a paternity test. He is her father. Her mother is devistated that her daughter went behind her back and did this. My question is can the mother come an try to sue for back child support for when the child was a minor even though she had the child adopted?

Asked on 6/03/13, 6:40 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

No. She had until the child was 20 to seek child support. Only if he was hiding or out of the state could the statute of limitations be extended. It is also clear that in the 80s she knew where he was. The support door is closed.

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Answered on 6/03/13, 1:29 pm

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