On behalf of Lake Toback Attorneys
On Aug. 13, a St. Clair County woman has moved to have a lawsuit filed against her dismissed. The claim was filed on July 10 by a man who claims he paid thousands in child support payments to her for years despite not being the biological father of the woman’s child. He alleged that the woman led both him and the court to believe that he was the biological father of the child. The man is seeking $30,000 for the child support he paid in addition to $100,000 in punitive damages.
According to the woman in her motion to dismiss, the man received a notice of a child support hearing from the Department of Human Services back in 2004. At that time, he could have questioned paternity, but he didn’t do so. He claimed that he waived his rights to undergo any DNA paternity testing because he genuinely believed he was the child’s father.
The woman has recently expressed interest in paternity tests, according to the claim, so that her new husband may be able to adopt her child. Through the paternity tests, it was revealed that the man who paid thousands of dollars in child support for the child was not the biological father. However, according to the state law, the final administrative review by the Department of Human Services can only be reviewed per the Administrative Law Review. The woman contends that the man signed a voluntary acknowledgement of paternity.
People who have paid child support for children who are not biologically theirs might be able to seek compensation for damages with the help of a family law attorney. An attorney might be able to help fathers prepare their claims based on DNA proof, or the attorney could represent a father during a custody hearing or other matter involving fathers’ rights.
Source: Madison-St. Clair Record, “Woman seeks dismissal of man’s suit over child support payments“, Christina Stueve Hodges, August 21, 2013
Read the article:
Illinois man files lawsuit over child support payments