What are my rights regarding paying child support for a child that is not mine?

I signed a voluntary acknowledgment of paternity 5 years ago. then about 3 years later I found out the child was not mine but rather was the result of an affair. I filed for divorce. About 6 months later our divorce was final and signed by the judge; the decree stated that there were no children born or adopted during our marriage. However, 3 months ago the state department of child support entered a motion to intervene trying to collect child support on a child that is not even mine. What are my legal options to win this case; is this case even winnable?

Asked on September 1, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry. Legally you are not obligated to pay child support for children that are not yours.  That is the general rule.  When you say that you "found out" was it through a DNA test?  That evidence needs to be submitted to court in your Affidavit in Opposition to the motion made by the state.  All that is on file is the affidavit of paternity and that is what they are going on.  If no DNA testing was done then you need to request same.  Good luck.

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