Divorce case was in court. Husband filed a motion for finding of no paternity. He asserted that one of the two children born during the marriage was not his child. He presented DNA test results to confirm this.
The Trial Court granted his motion. It found that husband was not the child’s biological father. Therefore, he had no support obligation as to that child. Mother appealed.
The Statute of Limitations in the Parentage Act barred husband’s motion. The Act requires filing of a request for nonpaternity to be done within 2 years. 2 years after petitioner obtains knowledge of relevant facts.
Husband failed to meet his burden to show that motion was timely. He had filed the motion 8 years after the child’s birth. He did not show any evidence that he had only recently discovered he was not child’s biological father. His testimony indicated he did know at the time of the child’s birth that he was not the father.
IRMO Ostrander, 2015 IL App (3d) 130755, February 25, 2015.
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