QUESTION

How do I stop paying child support?

Asked on May 16th, 2013 on Child Custody - Illinois
More details to this question:
I'm currently paying child support for a child that's not mine and have the DNA test to prove it.
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5 ANSWERS

Divorce Attorney serving Boston, MA
Partner at Mavrides Law
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That depends on whether there is already a finding of parentage. If not, you should contact the DOR regarding the issue or file a motion to terminate child support forthwith. If your case cannot be heard for several weeks, you can file a request to have your motion advanced- citing the need to stop child support forthwith.
Answered on May 20th, 2013 at 8:45 PM

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Administrative Law Attorney serving Winter Garden, FL at Channell Law Firm, P.A.
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Retain legal counsel to proceed with disestablishing your paternity.
Answered on May 20th, 2013 at 8:10 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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You would have to file a lawsuit to terminate it. I would need more facts before I could tell you which pleading needed to be filed. Some of the information needed is; the age of the child; when did you believe or have an idea that you were not the father; and is there a judgment in place ordering you to pay child support and when was it rendered.
Answered on May 17th, 2013 at 1:37 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Go to court and ask for a determination of paternity. The court will order a DNA test and when it is shown you are not the father, you should get out from under the child support from the date of the petition forward. If she lied to you about your being the father, you may be able to sue her for back child support, but two cautions. If she said you might be the father, she didn't lie and if she doesn't have any money, you will be throwing good money after bad.
Answered on May 17th, 2013 at 1:36 PM

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You may make a motion seeking that relief, but it is highly unusual for a court to grant that relief. It depends on numerous factors including when you first knew, did you previously actively participate in your case, which may bar you from the relief you are seeking.
Answered on May 17th, 2013 at 1:36 PM

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