Can I get a paternity test after child support is ordered and being paid?

I have a feeling the baby may not be mine. He is 2 1/2 years old. His mother left me for her ex after he was born but I felt he was my son. Now im not so sure.

Hoffman Estates, IL -

Attorney Answers (3)

Wes Cowell

Wes Cowell

Child Support Lawyer - Chicago, IL
Answered

So, you've never had a paternity test but are ordered to pay support. That means you either 1) signed the Voluntary Acknowledgment of Parentage (admitting you're the father) when the child was born or 2) admitted in court that you're the father.

Assuming either #1 happened more than 60 days ago or #2 happened more than 30 days ago, you're stuck. So, CONGRATULATIONS! You're the father! Even if you do a DNA test (you can pick one up at your local drug store) and find that you're not the father, biologically, you'll still be the father legally -- and in court, that's all that matters.

If #1 or #2 happened within the time frames mentioned, above, there's still a way out. Otherwise, congratulations!

Judy A. Goldstein

Judy A. Goldstein

Child Support Lawyer - Mokena, IL
Answered

You can certainly try to seek a court ordered DNA test or perform a home version, but that is probably not going to affect a previous final determination of paternity unless the ex steps up to claim he is the father. You treat him as your son. Continue to do so.

Peggy Margaret Raddatz

Peggy Margaret Raddatz

Family Law Attorney - La Grange, IL
Answered

Wes nailed this one. Follow his advice.

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