Can I Get Paid Back for Child Support If I Was a Victim of Paternity Fraud?

 Posted on October 16, 2025 in Child Support

Imagine that you and your wife had a child early in your marriage. Years later, after your divorce, you have shared custody and paid child support without question — until one day, during an argument, she says, "You are not his real father." The emotional shock of such a statement can be devastating. Once the initial disbelief fades, you may wonder if your ex could be forced to repay the child support you have faithfully provided.

Under the Illinois Parentage Act, disestablishing paternity can end future support, but it rarely results in repayment for past child support payments. Speaking to a knowledgeable Batavia, IL child support attorney is a crucial step in determining what you need to do next.

Legal vs. Biological Fatherhood in Illinois

If a father is married to the mother at the time of the child’s birth, there is a presumption of paternity under 750 ILCS 46/204. If the parents are not married, they can both sign a Voluntary Acknowledgment of Paternity (VAP) form when the baby is born. This lets the father’s name be added to the birth certificate without going to court.

If they do not sign the form at the hospital, they can do it later. The form is available at the county clerk’s office, the local vital records office, the Department of Human Services, or online through the child support services website. If the father refuses to acknowledge his role in the child’s life, the mother can ask for a DNA test and a court order of paternity.

Once paternity is established, the father becomes legally responsible for child support unless and until a court order says otherwise. Keep in mind that the state of Illinois prioritizes legal paternity over biological paternity for the stability of the child. A man can challenge paternity if new DNA evidence shows he is not the biological father. He must do this within two years of learning information that suggests he is not the father.

If the court agrees, it can cancel the current child support order and stop future payments. Courts will rarely demand repayment from the mother for past child support unless fraud or duress can be proven. This is because child support is considered the child’s right, rather than the mother’s. Past payments are presumed to have benefited the child.

When Can Child Support Be Repaid in Illinois?

If the mother lied or hid the child’s true paternity, the court might make her repay child support. The father must act quickly once he learns the truth. He needs to ask the court for relief before more payments are due.

Even with proof of fraud, winning the case is rare. Illinois courts focus on what is best for the child. Paying money back might seem fair to the father, but it could hurt the child.

Ending Future Child Support

Once DNA results are verified, the man who previously thought he was the father must file a petition to declare non-paternity. The Illinois Department of Healthcare and Family Services will then update court orders to stop his future child support obligations. The court will also address parental responsibilities, parenting time, and medical expenses if the child was previously part of an existing order. This man must not stop payments until the court officially terminates the order.

Contact a Kane County, IL Family Law Attorney

If you recently discovered that a child you believed to be biologically yours is not, you should not navigate this situation on your own. A knowledgeable Batavia, IL parental responsibilities lawyer from Van A. Larson, P.C., can protect your rights, help you file the proper petition, and ensure your next steps do not lead to costly legal mistakes. Attorney Larson’s career began as a prosecutor working with the Kane County State’s Attorney’s Office, and he was later appointed to serve as one of the county’s first Special Conflict Defenders. Call 630-879-9090 to schedule your free confidential consultation.