Compensation For Being Wrongly Named As Father
State-Illinois
Hallo everyone!
Here is my story in brief.I need your opinion and advices because I am very confused about the situation.I was married from April 1997 to September 2006.There are 4 children who were born in our marriage but I am a biological father of one child only.I got wise to this fact few days after our divorse.When my ex-wife filled papers for divorce I was shocked because I had thought that I had a stable family and I adored all of them-the children and my ex-wife.A day or a couple of days after divorce my ex-wife moved to live with her boyfriend and informed me that he is the biological father of two children.After that we made a private DNA tests which proved that he is the biological father of last two children but…there was one more shocking fact-I am not a biological father of the eldest child,too.I was devastated.The situation is:1.Son-born 1998-not mine,2.Son-born 2000-mine,3.Daughter-born 2004-not mine and 4.Son-born 2005-not mine.
In our divorce decree I am the legal father with time for visitation and I was ordered to pay $1800 per month as support.Now my ex-wife and her boyfriend are trying to disestablish my legal status of the two youngest children and I am not opposed to it but I am interested in whether I have some rights to be recouped for my expenses and compensated for emotional damages.
The second question is about the eldest boy-he is not mine biologicaly,my ex-wife said that his biological father died in 1999 after an overdose.I do not know if it is true but it does not matter.Here is my confusion again.I need to know is there any possibilities to ask the court to order DNA tests for all children and is there any limitations for disestablishing of paternity?Here is the problem-if I contest and disestablish my paternity to the eldest boy he will be an illegitimate child,but I do not want to pay court ordered child support for a child who is not mine…I am not sure that the court will be disposed to paternity disestablishment because there is no other father,and if the court disestablish my paternity to the youngest children it will be unfair not to disestablish one to the eldest…Full chaos!
The third problem is my visitation.I live in Illinois but my ex-wife,her boyfriend and the children moved out of the state and now they are in Florida.I work for a company with 6 year contract and if I hold down my job I will indemnity the company with more than $230.000 for my leaving.Can I ask for decreasing of the support…or if I cannot disestablish my paternity to the eldest boy can I decline to pay support for him?
Do you know some similar cases?I need your opinion before to lease a lawyer.
Please excuse me for my disarranged post.Thank you in advance.
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