Question:

I have the results of a recent DNA test, and I am not the biological father. Can I file a motion to modify a child support order if I am in arrears?

Answer:

You do not indicate whether you were married to the mother or if there was a paternity judgment.  Depending upon the specifics of your case, the DNA test may or may not be relevant.  Further, if DNA testing would be relevant, the testing would have to be conducted in a tightly controlled manner to be admissible in court.  Your question also doesn’t advise if the arrearage has been determined by a court.  Generally, once a court enters an order on an arrearage the judgment is fixed and owing just like any other judgment.  As there are several unknown factors to your situation, you would need to review these issues with an experienced domestic litigation attorney, such as the Cordell & Cordell offices in your state or in the state in which the support order was entered.      

Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.

Mr. Coffee has extensive domestic litigation trial experience representing clients in courts throughout Illinois on all aspects of domestic litigation, including the representation of clients who are current or retired military personnel with issues under the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses' Protection Act, clients involved in state court jurisdictional disputes due to the relocation of one or both parties from or to Illinois, and clients with government or private pension benefit valuation and division issues.