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  1. #1
    Join Date
    Oct 2012
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    Default If Not the Biological Father, Can a Man Be Made Responsible for Child Support

    My question involves paternity law for the State of: Illinois

    My husband's ex-wife had a child in 2002, while they were married. He has paid child support since 2003, when they divorced. He does not believe he is the father of this child. His name is on the birth certificate. If he requests a paternity test and proves he is not the father, would he still be responsible for child support for the child simply because they were married when the child was conceived and born?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: If Not the Biological Father, Can a Man Be Made Responsible for Child Support

    He did not question paternity as part of the divorce action, so it's a done deal.

    He can't do it now.

    He's Dad.

  3. #3

    Default Re: If Not the Biological Father, Can a Man Be Made Responsible for Child Support

    Quote Quoting helpplease1
    View Post
    would he still be responsible for child support for the child simply because they were married when the child was conceived and born?
    No, he'd still be responsible for it simply because he didn't CHALLENGE it when he should have - during the divorce. At this point, only ONE person can challenge paternity, and that the ACTUAL father (and even if he does challenge and seek to establish paternity, the court can still find that such a change isn't in the child's best interest - and most courts aren't going to shake up the lives of a TEN year old child without there being some VERY extreme circumstances - paternity alone isn't likely to do it, even IF the actual father shows up on scene).

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