How do I Get Child Support if I Never Married the Other Parent?

 Posted on August 10, 2022 in Child Support

Child support is often, but not always, decided during a divorce. When children are born into a marriage, both spouses are presumed to be the child’s parents. In Illinois, this is true even if it is biologically impossible - a child born to a woman who is married to another woman has two legal mothers right off the bat. If this couple were to divorce, one mother would likely be ordered to pay the other child support. However, couples who are not married and their children enjoy no such legal protections. If you were never married to your child’s other parent and you need to start receiving financial support for your child, the first step is to ensure that your child’s other biological parent is also their legal parent. Most commonly, this means that a mother will need to prove who her child’s father is - very rarely is there any confusion about who a child’s biological mother is. From there, you can petition the court for child support. 

How Can I Make Sure My Child’s Biological Father is Also Their Legal Father?

If you were never married to your child’s father, he may or may not also be a legal father to your child. You will need to think back to when your child was born. If you and the father were in a relationship and he was present when the child was born, you may have been offered a form called a Voluntary Acknowledgement of Parentage. This form basically says that both of you agreed that your partner is the father of your child. 

If this form was completed in the hospital, the father’s name is probably already on your child’s birth certificate and you do not need to take any further steps. This form may also be filled out at a later time and mailed in. 

If you and the father did not complete a VAP, then you will more than likely need to petition the court to declare parentage. Your lawyer will help you file a parentage action. If the father appears and agrees that he is the father, the court can issue an order adjudicating parentafge right away. Or, if the alleged father does not show up at all, the court will likely declare him the father by default. 

However, if the alleged father shows up and argues that he is not the father, the court will likely have to order a DNA test. If ordered, the father will be required to submit to testing. Should the test come back and show that he is the father, then he will become the legal father as well. 

From there, you can file a new petition to request child support. Child support can be ordered regardless of the parents’ marital or relationship status. In Illinois, it is the child who holds the right to be supported by both parents. 

Call a DuPage County Child Support Lawyer

Davi Law Group will guide you through your efforts to gain support for your child, from adjudicating paternity to determining the amount owed. Our skilled Wheaton child support lawyers will fight for your child to get the support they need from both parents. Call 630-657-5052 for a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3638&ChapterID=59