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Our skilled Lake in the Hills paternity attorneys will be your voice. Our are proud of our excellent customer service and cost effective rates, we look forward to being your advocates in your paternity case.
Please contact our friendly
Lake in the Hills Paternity Attorneys
at our nearest location to schedule a free consultation:
See below for our other locations. If our office locations are not convenient for you, we are happy to speak with you by phone.
5002 Main St, Ste. 201 Downers Grove, IL 60515
105 Jackson Avenue, Ste. 4b Naperville, IL 60540
110 E. Schiller Street, Ste. 220B Elmhurst, IL 60126
8411 Pyott Road, Ste. 107, Lake in the Hills, IL 60156
16557 Oak Park Avenue, Ste. B, Tinley Park, IL 60477
210 S Fifth St, Ste. 107B, St. Charles, IL 60174
"Kevin and his firm, O'Flaherty Law, are friendly, efficient, knowledgeable and professional. Kevin is a master at bringing people together and sharing ideas."
"Kevin O'Flaherty and his team at O'Flaherty Law are among the friendliest and easiest to work with attorneys I've dealt with. I would suggest them to any friends or business associates."
Kevin O'Flaherty was instrumental during the purchase process of my new house. I highly recommend him and the entire firm!
An excellent client experience, I recommend O'Flaherty Law to all of my clients that have a need for consultation in family law.
Kevin O'Flaherty oversees all legal matters and is actively involved in making sure every client's case, big or small, is handled with excellence and attention to detail. He is available to contact through phone and email and his rates are available upon request.
In this Learn About Law podcast & videoblog, attorney Kevin O'Flaherty discusse changes to Illinois child support laws in 2017
Child support in paternity cases is handled mostly in the same way as in marital cases with two exceptions. Pregnancy expenses may be awarded along with retroactive child support. Pregnancy expenses can be awarded to the mother if the case is filed within two years of the birth of the child. Although retroactive child support can be awarded in some martial cases it is awarded very scarcely. It is done this way because the assumption is that in a divorce case the father was already supporting the child throughout the marriage. In paternity cases the court has discretion to award retroactive child support based on the following:
You can read about child support generally here: Child Support Explained, and Changes to Child Support Laws for 2017.
In this Learn About Law episode, attorney Kevin O'Flaherty discusses the concept of a presumed father and how a presumed father is established by law.
A paternity suit to establish a father-child relationship may be filed by the child, the mother, anyone claiming to be the child's father, or any individual or government agency that is providing financial assistance to the child.
By contrast, only the child's mother or the child's "presumed father" have standing to file suit to establish the non-existence of a father-child relationship.
Contested paternity suits can be filed before the birth of the child. However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests.
Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty. However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts.
Contested paternity suits can be filed before the birth of the child. However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests.
Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty. However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts.
In order to initiate a paternity suit, the petitioning party must file a petition to determine paternity in the circuit court of any county where any party to the suit resides. The petition must then be served upon the responding party, along with a summons requiring him or her to appear in court on a particular date.
The child's legal guardian can represent the child in a contested paternity suit. However, the court has discretion to appoint a guardian ad litem. A guardian ad litem is an attorney appointed by the court to represent the child's best interests in the case.
In this Learn About Law podcast & videoblog, attorney Kevin O'Flaherty discusses multiple family child support payments under Illinois 2017 child support law.
If there is no "presumed father," the existence or absence of a father-child relationship must be proved by the "preponderance of the evidence," meaning more likely than not. If there is a "presumed father," the presumption that this person is the father requires "clear and convincing evidence" to rebut, a higher standard than the preponderance of the evidence. If a party seeks to prove paternity after the death of a parent (usually for the purpose of inheritance), clear and convincing evidence is also required. If there is a Voluntary Acknowledgment of Paternity, there is a presumption of paternity that will become conclusive and cannot be rebutted if the acknowledgment is not rescinded within 60 days of signing or the date that the paternity suit is filed, whichever comes first.
Read the full article by our Lake in the Hills paternity attorneys explaining paternity laws.
The Illinois Parentage Act controls any issues that may arise from children born outside of wedlock.There are three main types of paternity cases that can be filed, they are:
Contested paternity cases;A court action to establish paternity by mutual consent of both parents; and suits to prove that an individual is not the father of the child in question.
Our Lake in the Hills paternity attorney are experienced all of the above paternity suits.
