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Being Sued for Paternity Fraud

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  • 07-26-2009, 08:03 AM
    notsure12
    Being Sued for Paternity Fraud
    My question involves paternity law for the State of: Illinois

    I became pregnant at 17 had my son and the alleged father signed the Voluntary Ack. of Paternity. I had slept with someone else but was told by the doctor that I was already (unknowingly) pregnant when I slept with the other male. I found out I was pregnant in my 3rd month. When the child was 6 (we were split up at this point) I told the alleged father this and what the Dr. said. He said it didn't matter he would love the child regardless.

    When the child was 7 1/2, I sought child support the judge offered him a DNA test, he refused. He told that he will legally be responsible for the child until he was 18 by refusing the test. He said he understood. He was ordered to pay $20 a week for support.

    Five years after the initial order was put into place, I asked for a modification. At this point he did a DNA was proved NOT to be the father and is asking the court to disestablish paternity based on fraud. Throughout this entire time he was still seeing the 12 year old child every weekend and speaking to him every day.

    I received a summons today that he is seeking damages from the Illinois Dept. of Child Support ( Public Aid ) and myself.

    I was just wondering your opinion on this. I haven't found many case laws on this complex of a case.

    I know the statue of limitations have expired but _*he is stating that I *KNEW* that he was NOT the biological father. I didn't know*_ I relied on my Dr's knowledge and was certain he WAS the father. He sent an e-mail to me in March stating that he didn't want to believe this whole time that he wasn't the child's father and he wants NOTHING to change except paying me child support.

    Any suggestions? I am pretty sure I will have to hire a lawyer too
  • 07-26-2009, 05:49 PM
    jacksmom
    Re: Being Sued for Paternity Fraud
    Sounds like he wants to be a Father, but no support? C'mon! That is not a Father. You can't have it both ways. Where is Bio Dad? Does he know and does he want to be involved? Since this is a state case, it will take a while to sort it out. I can't see a judge letting him off the hook since paternity was never an issue till now. I would tell legal father that since he opened Pandora's box, he can move on and leave you and your child alone. What do you want? Do you want either guy in your life at this point? Does your child know? The best interest of the child is what the court wants. Good Luck.
  • 07-27-2009, 11:18 AM
    notsure12
    Re: Being Sued for Paternity Fraud
    That is correct. He wants his legal and financial responsibility gone but for me to allow him to see the child still. I would like him to just leave us be. I am willing to allow his rights to be terminated but I am not willing to pay him back or for him to still see the child. My son doesn't know anything that is going on. He knows he is treated poorly during visitation by the stepmom but he doesn't know why.
  • 07-27-2009, 01:02 PM
    danielpalos
    Re: Being Sued for Paternity Fraud
    It seems to me, that this is more of an ethical and moral issue. Have economic conditions changed for the dad? Any decrease in income could affect this form of relationship.

    Are you comfortable with sharing custody more? It may be less of a financial burden if the child can stay with either parent instead of requiring income transfers.
  • 07-27-2009, 06:36 PM
    notsure12
    Re: Being Sued for Paternity Fraud
    His visitation order is actually a lot more than most. I am extemely flexible with him extending his visitation for whatever reason he needs to.
  • 07-27-2009, 07:54 PM
    jacksmom
    Re: Being Sued for Paternity Fraud
    $20 a week? That's a joke. You may have enough to buy paper and pencils for school. I hate to here the child is being treated badly. Stepmom needs to stay out of it. Fraud is hard to prove based on your info. My opinion: The fraud here is legal Dad taking resonsibility, then well I changed my mind. Even had the chance to get a DNA test and said no. Just a tough situation. May I share a story? A friend of my parents only has granddaughters. She had a grandson once, AOP was signed, then he wanted a DNA. Turned out not to be his. Her son found out last year he is sterile from a childhood accident. Now regrets the whole thing. The mother has remarried and lives happily ever after. Yeah, he got out of support, but it cost him a lot more than money.
  • 07-28-2009, 08:33 AM
    notsure12
    Re: Being Sued for Paternity Fraud
    Wow. That is really sad.

    All of this boils down to money, he is essentially selling his son. Now the child may not be his biological son but the bond (or so I thought) he had with this child was amazing. And you don't love your child because they have your DNA, you love your child because they are your child!!!

    Perfect example, my husband came in my son's life when he was 3. He is there for my son no matter what he needs. He financially supports him, is emotionally supportive of him and all his goals and loves him UNCONDITIONALLY!! Granted he knew the child wasn't his when he became attached but he still loves everything about the child and biology wasn't a basis of that love.

    The (little) child support he did give to me wasn't for myself. It was for me to take care of a child we both love. I
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