Father's rights in Illinois

[13dava]

My fiance has recently been names as the possible father of a 1 year old girl. I say possible because there is a very real possibility the child is someone else's.

We will cooperate fully with determining parentage, as our primary concern is for the child. We will absolutely do the "right thing". Before our relationship, I was a single mother so I know what it's like. My child's biological father has never been in the picture.

My fiance treats my daughter as if she were his own. Had he known he (might have) had a child, he would have been there from day one. The mother of the child in question, however, is after money and nothing more.

There seem to be limitless resources online for custodial parents. We are trying to learn more about our rights, should my fiance be declared the father. She never attempted to contact him during pregnancy or afterward and has known his whereabouts the entire time. He had no idea that the possibility of him having a child existed.

Can she go after back child support considering he didn't know there was a child to support?

Doesn't he have a right to go after joint custody?

Assuming this is, in fact, my fiance's child, she has knowingly robbed him of the first year + of his daughter's life. She has also robbed her daughter of a father. I have to believe that we have some rights in all of this.

If anyone has suggestions, legal sites, assistance information for legal representation - anything - please respond.

THANK YOU!!!

[joni]

You should know that there's a statute in Illinois that if a child is born to unwed parents, custody is rewarded automatically to the mother.  It's nearly impossible to fight.  So unless the mom is mentally disabled or involved in illegal activities (drugs/prostitution), don't plan on getting any joint legal or joint physical custody.

I guess the advice I can give to you from my own experience is to prepare for the worse and hope for the best.  My DH is a great guy.  He tried to be kind and patient and reasonable with his Ex wife, in hopes to not piss her off, so that she would be decent to him with their child.  She screwed him and continues to screw him at every chance.  If this is your fiance's child, it will be a constant battle.....BUT....that's just my experience (and probably most other people in this community).

You should also realize that unless mom is a fair person, and it doesn't sound as though she's off to a righteous start with you and yours, you will have to go to court to fight for standard visitation.   Parents are free to visit with their children at all times that are mutually agreed to by both parents. However, when parents cannot agree, the standard visitation schedule accepted most everywhere in the nation is:
        * every other weekend
        * four to six (4-6) weeks during the summer
        * alternating holidays

This is what I found on the internet on retroactive child support.  I'm sure this woman is getting around to informing any number of men about the possibility of parentage because this is about the money...this is about the child support.

This type of child support is called retroactive child support. Under Illinois law, there are two types of retroactive child support. One is mandatory, and this entitles you to child support back to the date that the father was served with the complaint to establish parentage.

The other type of retroactive child support is discretionary, meaning that the judge is not required by law to award you this. This type of retroactive child support awards you support back to the child's date of birth and prior to the commencement of your action. However, when you are seeking this type of retroactive support, the court must look at the following factors before making a decision:

o the father's prior knowledge of the fact and circumstances of the child's birth;  (ADMIT TO NOTHING, THIS CAME OUT OF THE BLUE TO YOUR FIANCE')
o the father's prior willingness/refusal to help raise or support the child;
o the extent to which the mother or public agency bringing the action previously informed the father of the child's needs or attempted to seek or require his help in raising or supporting the child; (DON'T BE SURPRISED IF THE MOM LIES AND SAID YOUR FIANCE' KNEW ABOUT THIS CHILD FROM THE DAY OF THE INCEPTION)
o the extent to which the father would be prejudiced by the delay in bringing the action.

Please be advised that not everyone is entitled to retroactive child support prior to the commencement of the action.

[gigglez1929]

Had a situation almost the same.  but this mother waited 14 years to send a letter. Got the letter in Sept. 2003 did a DNA in october 2004(that my husband and I paid for) she filed for child support Dec 2004.  She thought that she would be getting back child support. had her hopes up all high since we paid for her and her daughter a trip to where we live and she saw that we both drive new BMW's and live in a 6000+sf home.  I guess she thought that my husband pays for all of this ...WRONG my brother is in the NBA and I work for him so basically i pay for everything . but guess what my husband plead the defense of laches because he didnt know that he had father this child and when we went to court on the 18th of this month he only had to pay back support from the date our state received the child support request from illinois which was jan.25 2005.  which was really no back support because since we did the DNA we have been voluntarily sending her money 900 a month and the courts counted that as CS payments.  The funny thing about this the court here goes by both bio parents income and now she only gets 274 a month.  This woman thought that she was gonna get paid.  she once told my husband when he asked what support amount did she want before we even knew she had already went to CSE she said that she would take no less then 1700 a month...... well we laughed at that .....we dont spend 1700 a month on the 2 kids we have let(well my bother might) alone pay her that amount..... in the end with all her greed she got the short in of the stick.....I spend 274 a month on 1 pair of shoes


I hope this helps cause they live in illinois......tell you husband to plea the defense of laches....which means she cannot make a gain from something she failed to inform the father of.......even if she did tell him she was pregnant and he wasnt sure it was his tell to admit to nothing.

[joni]

Great story!  I'm sorry your husband missed 14 years with his daughter.  

[confused75]

In response to gigglez1929:

I am wondering how you were able to move forward with the "both parents" income option. As far as I always knew it was 20% for the non-custodial and that was it (we are having issues in Illinois as well).

I would love to hear any advice you have with regards to the two incomes (as fas as I know, she is just living off our back though - but any change in support will get us out of the horrible debt that this money hungry woman has got us into!)

[Genie]

and it is 20% of net income that the figure is based on. I have been dealing with CS in IL for a long time and will be more in the future. They have NEVER looked at BM's income when doing the CS figure. She may have had to fill out financial statements just as BD did, but her income wasn't used in any calcuation!!!

[srgraumenz]

I would really like to know HOW you were able to get the court to look at the bio mom's income in the state of Illinois.......where are you located in Illinois, which county?  my husband is in the middle of a court battle right now where his X is wanting more money yet she doesn't work enough to support herself IF she had NO children!!!

[awakenlynn]

Technically in IL, the courts are supposed to look at both parents income to decide child support, BUT the NCP still pays th 20% (max) for one child.  I guess if you had a good enough judge they would also issue the CP to pay 20% also, but since the child lives with the CP, its kind of moot.

I don't know the statute that says unwed mothers automatically get custody.  I couldn't find it anywhere.  My husband has a child 12yrs old.  If he hadn't been in the military, he would have been awarded joint custody.  He was only ordered to pay 18%(had a good lawyer).  

If make sure the financial affidavit is accurate.  If you are living poor enough, the state may concede a lower level, but there are things listed in the statute they will review to decide on if the lower level is applicable.

If I remember it right the state is not supposed to look at the spouse's income, but most financial affidavits ask for spouse and any other income coming in.  I don't work much, but we always offer N/A when it comes to spouse's income.