Can a Father Receive Child Support in Illinois?

 Posted on October 09, 2024 in Family Law

According to Illinois law, both parents of any child have a presumption of equal parenting rights and responsibilities. The courts decide on a case-by-case basis how matters like visitation and parental decision-making will be divided, and consider many factors to determine which arrangement would best suit the child’s interests.

However, there is no gender-based automatic rule that mothers always get more time with the child and should always receive child support instead of fathers. If you are a father seeking maximum parenting time with your child, speak with an experienced Arlington Heights, IL child custody attorney about whether you could be eligible for child support payments within the framework of your divorce settlement.

Parental Eligibility for Child Support

While America has come a long way in terms of gender roles and the awareness of parental capabilities, there are still some societal norms and taboos surrounding the division of responsibilities inside a household. In practice, many families do not fit the outdated model of a mother staying home and raising the children while the father goes off to work and spends minimal time actively parenting. In some families, the mother is the main breadwinner, and the father takes on most parental responsibilities. In some divorces, fathers are awarded primary custody and are also entitled to child support.

Ever since a 1979 Supreme Court decision that it was unconstitutional to treat parents differently based on their gender by requiring only fathers to pay child support to mothers and not vice versa, fathers are legally entitled to child support if they meet the various conditions for eligibility.

Paternity Requirement for Parental Rights

Although mothers and fathers are treated equally by the law, particularly as far as custody and child support are concerned, a father has an extra step to complete before he can access any parental rights or responsibilities: He needs to be sure that he has legally established his paternity.

If he was married to the child’s mother at the time of birth, he is automatically presumed the father and his name should appear on the birth certificate, thereby establishing his paternity. If he and the mother were not married at the time, he has the option of signing a Voluntary Acknowledgement of Paternity (VAP) – either in the hospital when the baby is born or any time after. Paternity can also be established by undergoing genetic testing, either by order of the court if a father does not do so willingly, or at his own initiative if the mother did not want him to sign the VAP.

As long as a father has established paternity, he can petition the court for parental responsibilities and parenting time. If a father has primary responsibility for the child, he can be eligible for child support. When trying to navigate this process, it is important to have an experienced lawyer who can review your case and determine the best way forward for you.

Contact an Arlington Heights, IL Child Support Lawyer

If you are a father seeking child support from your child’s mother, speak with an Arlington Heights, IL family law attorney about the process of requesting this. While it may be less common, it is certainly legal and possible. At A. Traub & Associates, we understand the challenges you might face and are passionate about helping your family overcome this obstacle. Call us at 847-749-4182 to schedule a private consultation.