Can I Get Child Support Without Establishing Paternity in Illinois?

 Posted on May 28, 2025 in Child Support

In Illinois, paternity must be established before you can seek child support from the father of your child, and there are several ways to do this. Some are much easier than others. First, speak with a Wheaton, IL child support attorney to find out if you are eligible to file for support and what you need to do to meet the legal requirements imposed by the court. 

How Do You Establish Paternity in Illinois?

Under Illinois law, paternity refers to the legally recognized father of a child, which gives the father rights to parental responsibilities. It also allows the mother to seek child support payments when necessary. How paternity is established depends on the relationship between the parents, and in Illinois, there are four possible ways:

• Presumption through marriage: If you were married to the father of your child or in a civil union when the child was born, the law automatically assumes he is the father, and that assumption is enough to establish paternity as long as you both agree.

• Voluntary Acknowledgement of Paternity (VAP): VAP is a common option that unmarried parents use to establish paternity. Typically, parents sign a VAP document at the hospital after the child’s birth, but it can be completed later.

• Judicial paternity order: If the father of your child disputes paternity, you can file a case with the court. Often, court-ordered genetic testing is used to determine paternity, but there will be a hearing where you can present other evidence.

• Administrative paternity order: You can work with Child Support Services to prove paternity. They will enter an administrative paternity order to establish it.

If either parent or the child wants to challenge paternity, they have two years from discovering the information that led them to believe the current legal father is not the biological father of the child. 

How Do You Prove Paternity in an Illinois Child Support Case?

In a contested paternity case, both parties present the evidence to support their claim. You may use medical records, witness statements, and genetic testing. Both sides have the right to request DNA testing. If a man refuses to consent to a DNA test, he can be held in contempt of court and even face jail time for his refusal. Even without a DNA test, a court can enter a paternity judgment and require a man to pay child support. 

What Happens in a Child Support Hearing in Illinois?

When you seek child support through the court system, the judge will consider factors like parenting time, income, and the child’s financial needs to determine whether one parent owes the other parent child support. Often, once paternity is established, you can negotiate a support agreement with the other parent, and the court may approve it. Once the judge issues a final order, it can only be changed if either party can prove a significant change in circumstances occurred since the original order that would warrant modification of child support.

Speak With a Wheaton, IL Paternity Attorney Today

If you are considering seeking child support from the father of your child, contact a DuPage County, IL child support lawyer at Andrew Cores Family Law Group as soon as possible. Support cases that require proof of paternity can easily become complex, but an experienced attorney will ensure you understand your rights and the laws that apply to your case. You do not have to face the court alone. Call 630-871-1002 to schedule a no-cost consultation to learn more about sharing financial responsibility for your child.