Tinley Park Paternity Attorneys

In this article, our Tinley Park paternity lawyers explain child support in paternity cases. Child support is handled in the same manner as marital cases with two distinct exceptions.  If there is a possibility that pregnancy expenses are awarded along with retroactive child support and pregnancy expenses can only be awarded within two years after the child is born.

‍Retroactive child support is sometimes awarded, however this can often be remote.  This is due to the assumption that the father had been supporting the child throughout the marriage. 

The court retains discretion for awarding retroactive child support based on the following factors:At what time the father learned that the child had been born; If the father had previously been willing to support the child; If and when the mother previously sought the father's assistance in supporting and raising the child;If the mother had a valid reason for not filing a paternity suit earlier; and The mother's delay in bringing the suit prejudiced the father. You can read about child support from our Tinley Park paternity attorneys here:   Child Support Explained, and Changes to  Child Support Laws for 2017.

In this article, our Tinley Park paternity attorneys explain the burden of proof in paternity cases. For parties seeking to prove paternity after a death of a parent, convincing and clear evidence is required.  In cases where there is a Voluntary Acknowledgment of Paternity, the presumption of paternity will become conclusive and cannot be rebutted if not rescinded within 60 days of signing or the date that the paternity suit is filed, whichever comes first. ​ 

In cases where there is no "presumed father," there must be a "preponderance of the evidence," which means more likely than not, to prove the absence or existence of a father-child relationship.

In cases where there is a "presumed father," the presumption that this person is the father requires "clear and convincing evidence" which is a higher standard than the preponderance of the evidence. 

Read the full article by our Tinley Park paternity attorneys explaining paternity laws.

In this article our Tinley Park paternity attorneys explain more about the paternity process. The establishment of a father-child relationship with a paternity suit can be accomplished by the child, one who claims to be the child’s father, the mother, an individual, or government agency that is providing assistance to the child.  However, the only people who have standing to file for the non-existence of a father-child relationship are the child’s “presumed father” and mother.  Contested paternity suits entered before the birth of a child, depositions and blood tests will be filed with the court though proceedings outside of these will be stayed until the birth of the child. 

‍Establishing existence of a father-child relationship can be filed until the child reaches twenty years old.  The statute of limitations states that suits to establish the non-existence of a father-child relationship are barred after two years since the father gains knowledge of all relevant facts.

‍Once a paternity suit is initiated, the petitioning party is required to file a petition determining paternity with the court where any party of the suit resides.  Petitions and summons must be served to all parties which informs them when they are to appear in court. 

In most cases a child's parent or legal guardian will represent the child during a contested paternity suit however the court can make the decision to appoint a guardian ad litem.  A guardian ad litem is an attorney appointed by the court to represent the child in the case. 

Read the full article by our Tinley Park paternity lawyers explaining the process of paternity lawsuits in Cook County.