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Seeking child support right before he turns 18

Discussion in 'Child Support' started by WorkingFather, Mar 8, 2016.

  1. WorkingFather

    WorkingFather Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    Almost 18 years ago a young man was born that I was told I could be the father of. He was born in the state of Mississippi, and right before his mother found out she was pregnant I moved to Illinois. After years of being in and out of jail, the young man mother has petition the court for a DNA test, child support, and back support. This young man will turn 18 in a few weeks. Should I look into retaining a lawyer for the court date I have coming up.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You don't say whether she's going to court in MS or IL so I'm posting links to articles to both states.

    MAKING CHILD SUPPORT RETROACTIVE

    Illinois Retroactive Child Support

    It does appear that, in both states, the court has the option of awarding retroactive child support.

    Whether you get a lawyer or not is up to you. Wouldn't hurt to consult one and review your options.
     
  3. WorkingFather

    WorkingFather Law Topic Starter New Member

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  4. WorkingFather

    WorkingFather Law Topic Starter New Member

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    I was served with the papers in Illinois. I have to pay court fees, and other fees involved with setting up a court date for a DNA test.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Then you probably have already been ordered to take the DNA test, or you will be.

    No sense spending money on an attorney unless the results come back that you are the father.

    Meantime, wouldn't hurt to consult an attorney about the prevailing court philosophy regarding retroactive child support. Then make your decision accordingly.
     
  6. WorkingFather

    WorkingFather Law Topic Starter New Member

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  7. WorkingFather

    WorkingFather Law Topic Starter New Member

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    Yes, I have been ordered to take the DNA test, and the paperwork says she wants to set up child support, and back support. The boy in question will turn 18 years old in a few weeks, and by the time I go to court if the DNA test come back that the young man is my son, or not he will have already graduated from High School.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    That wouldn't matter to the question of retroactive child support. As far as I can determine, IL has no statutory limit on how far back retroactive child support can be ordered. I have no idea what the court's custom is so it's going to depend on the circumstances. The mother is likely to paint a picture that attempts to justify a long retroactive order and you, of course, will have the opportunity (preferably through counsel) to refute that picture.

    As for current child support going forward, it's possible that a court could order it if the child is going to college and still dependent on parental support.
     
  9. army judge

    army judge Super Moderator

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    Take it ONE step at a time.
    Paying for the DNA TEST is much cheaper than hiring a lawyer to defend a MONEY GRAB, if the man isn't your son.

    If the DNA TEST proves you NOT to be the father, it's over.
    I suspect you aren't the first mark this woman has targeted.
    So, relax, take the test, await the results.
    If DNA TESTING PROVES YOU NOT TO BE THE FATHER, you will owe nothing to anyone.

    If, however, DNA testing proves you to be the father, hire a lawyer to make arguments to limit the financial impact such a decision will have on you and your family.

    One step at a time.
    Don't put the cart before the horse.
    Patience grasshopper, patience.
     
  10. WorkingFather

    WorkingFather Law Topic Starter New Member

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  11. WorkingFather

    WorkingFather Law Topic Starter New Member

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    A money grab indeed! "Deep Breath" I appreciate you taking the time to answer my question, and I will patiently take one step at a time, and try not to put the cart before the horse. 1st thing is the DNA test.., thanks for all your help.
     
  12. army judge

    army judge Super Moderator

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    One of our sons was met with the same accusation, that he fathered a child 17 years ago. He was deployed in Afghanistan at the time.

    I advised him to take the test, just take the paternity test. He alleged that he knew the woman, but had never engaged in any sexual activity with her.

    I said, great, the test will confirm your recollection. It took about four, maybe five months to get his results. He was a special forces operator, so at times they were off the grid.

    The results came back. As Maury would say, "Geoff, you are NOT the child's father!!!"

    The liar, slithered off seeking another MARK for a financial windfall.
    So, don't be discouraged, even the innocent are accused.
    I wish you well, mate.
     
  13. WorkingFather

    WorkingFather Law Topic Starter New Member

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  14. WorkingFather

    WorkingFather Law Topic Starter New Member

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    Very encouraging story, thanks
     
  15. KatDini

    KatDini Well-Known Member

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    If Mom filed for CS in Mississippi, CS there can go to the age of 21, by state statute.
     
  16. army judge

    army judge Super Moderator

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    I missed this sweet little nugget, OP.
    Were you served civil papers by a MS court while you we're in IL?
    If so, you might want to discuss this bubbling fiasco with an IL attorney.
    A MS based plaintiff using a MS court would have an extremely difficult time serving an IL based defendant wholly within the state of IL.
     
  17. WorkingFather

    WorkingFather Law Topic Starter New Member

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  18. WorkingFather

    WorkingFather Law Topic Starter New Member

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    The papers were filed and show being notarized in MS, but also show that they went thru the Ill court before being delivered to my door step by a cook county sheriff. She has family that works within the government in the city she lives that I'm sure helped her with the process.
     
  19. WorkingFather

    WorkingFather Law Topic Starter New Member

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  20. WorkingFather

    WorkingFather Law Topic Starter New Member

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    After doing a little digging I did read where it goes up to 21 in TN, but I wasn't sure about MS.
     

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