In a dispute about parentage, is a temporary order possible?

| Jul 18, 2019 | family law |

Child support is a common source for dispute in Illinois, but many of the cases center around a couple that was married, has gotten a divorce and is in the process of determining how much the supporting parent will pay to the custodial parent. If the case involves unmarried couples and there is a disagreement or outright denial of paternity, it can be more complicated.

Family legal issues such as this can be problematic and the source of rancor. For people on both sides of the case and if there is a temporary order sought, having legal assistance to settle the matter is key. A temporary order can be made by the party who shows clear and convincing evidence of parentage. If this is shown, there will be a temporary order issued by the court for there to be child support. That will include a child who is not a minor, but has a disability.

There are certain factors that will determine if a presumed parent is required to pay child support. The factors are: if the person is the presumed parent; if there has been a petition to adjudicate parentage; there was genetic testing to identify the male as the father; if the person who is alleged to be the father has refused to take part in genetic testing; if there is clear and convincing evidence the man is the child’s father; if it is the child’s mother; or if anyone else has been deemed as the child’s parent.

When there is a temporary order, it can include allocating parental responsibilities and parenting time. This will not have an impact on any final order of child support, how parenting time will be allocated, or parental responsibilities. For parents or alleged parents who are in the middle of a dispute over parentage and child support is needed, it is important to understand how the law addresses these circumstances. It is important to have help and representation from a law firm that is experienced in all areas of family law.

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