Chicago Paternity Fraud Attorney
A Victim of Paternity Fraud in Cook County?
Paternity fraud is one of the most devastating situations in family law. It occurs when a mother intentionally misidentifies a man as the biological father, leading him to sign a Voluntary Acknowledgment of Paternity (VAP) or be named in a court order for child support.
Victims of paternity fraud often spend years—sometimes decades—paying child support and building an emotional bond, only to discover the child is not biologically theirs.
If you believe you are a victim of paternity fraud, you need compassionate and assertive legal representation. Schylon Lane, founder of The Elite Law Group, understands the profound financial and emotional betrayal and can advise you on the extremely difficult path to undoing a paternity order.
The Legal Hurdle: Undoing Paternity in Illinois is Extremely Difficult
In Illinois, the law prioritizes the child's need for stability and financial support, often over the biological truth. This means that challenging paternity after it has been legally established is an uphill battle.
If You Signed a VAP: You only have 60 days to rescind it. After that, you must file a petition under Illinois law (750 ILCS 46/706.5) to challenge the VAP based on fraud, duress, or material mistake of fact. This is a complex, evidence-intensive claim with a strict statute of limitations.
If You Had a Court Order: If a judge entered a default judgment against you (because you ignored the summons) or if you consented to a paternity order, your options are even more limited. You would need to file a motion to vacate the judgment, which is rarely granted.
"Can I Get My Child Support Back?"
This is the most-asked question, and the answer is heartbreaking. In almost all cases, no.
Illinois courts have consistently ruled that child support payments, even those paid by a man who was not the father, cannot be recouped. The law views the money as having been spent for the benefit of the child, and it will not order the mother or the child to pay it back.
The goal of a paternity fraud case is not to get a refund. The goal is to vacate the paternity order and terminate your future child support obligation.
How The Elite Law Group Can Help
This is not a legal matter you can or should handle alone. The rules are complex, the deadlines are strict, and the stakes are high.
We provide personal, one-on-one counsel. We will:
Analyze Your Case: We will immediately review how your paternity was established (VAP or court order).
Determine Your Options: We will identify if you are within the statute of limitations to file a challenge based on fraud.
Build a Case: We will gather evidence (such as texts, emails, or admissions) to prove you were intentionally misled.
File to Vacate: We will file a formal petition to vacate the paternity judgment and terminate your support obligation.
You do not have to live with this burden.
Contact The Elite Law Group for a confidential consultation.