Tinley Park Paternity Attorneys | Paternity Lawyers, Tinley Park

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. 

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Acknowledgment of Paternity, the presumption of paternity will become conclusive and cannot be rebutted if not rescinded within 60 days of signing or the date that the paternity suit is filed, whichever comes first.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. 

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In this article our Tinley Park paternity attorneys explain more about the paternity process when the alleged father passes away. Comparing DNA samples between a child and suspected parent can indicate biological relation within 99.99% accuracy. In order to list a father on a birth certificate years after a child’s birth, you must legally prove paternity to the court through a DNA test. However, DNA testing becomes complicated after an individual passes away. If the deceased person’s body has not been buried or cremated, specific samples can still be taken from the corpse, including hair, fingernail clippings, toothbrushes, stained clothing, blood, used tissues, cigarette butts, etc. If the deceased person has already been cremated, samples can no longer be taken from his or her remains. If the deceased person has already been buried, a court-approved exhumation has to take place, which can be tedious. The individual seeking the DNA testing will need to prove the possibility of relation to the alleged parent’s family in order to obtain court approvals. If the request is approved and the corpse is exhumed, a forensic pathologist can test the deceased individual’s femur, humorous, or teeth. This process can be very costly. If DNA testing the deceased individual isn’t an option, paternity can be determined with the participation of one or more of his immediate biological relatives. Once DNA testing establishes paternity, whether through the deceased individual himself or his close relatives, people can petition the court to have a father’s name added to a birth certificate.

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