Establishing Parentage for Child Support and Parenting Time for Unmarried Parents
Establishing parentage is essential for determining child support, custody, and parenting time. Without legal parentage, a child may not have the financial or emotional stability they deserve, and parents may face challenges asserting their rights or fulfilling their responsibilities. Raising a child is one of the most important responsibilities a parent can have. For unmarried parents, however, the legal process can feel uncertain when it comes to securing rights and obligations.
At The Law Office of Alyease Jones, we support communities in Chicago, Illinois, and surrounding communities. Our attorney offers cost-effective payment plans and services to make legal counsel as affordable as possible. We're here to find a solution to your family law matters without judgment and explain how the law affects your case in a direct, honest way so that you fully understand your options.
Let’s understand how Illinois law handles parentage cases, why child support depends on establishing legal parentage, and how unmarried parents can secure equitable parenting time while protecting the best interests of their children. Contact us today to schedule a consultation.
Why Establishing Parentage Matters
Legal parentage creates the foundation for both rights and responsibilities. When a child is born to married parents, the law automatically recognizes the husband as the legal father. For unmarried parents, however, parentage must be formally established before the court can address matters such as child support and parenting time.
Establishing parentage has several benefits: it allows a child to access financial support, health insurance, inheritance rights, and, in some cases, Social Security or veterans’ benefits. It allows parents to get parenting time and decision-making authority. We help families understand how parentage directly affects child support obligations and custody arrangements.
Ways to Establish Parentage in Illinois
Under Illinois law, parentage can be established in several ways. For unmarried parents, the most common include:
Voluntary acknowledgment of paternity (VAP): Both parents sign a legal form at the hospital or later through a government office, confirming the identity of the child’s father.
Administrative paternity order: The Illinois Department of Healthcare and Family Services (HFS) can issue an order to establish parentage, often connected with enforcing child support orders.
Court order of parentage: Either parent may file a petition in family court to establish parentage. The court may order DNA testing if parentage is disputed.
Each method leads to the same result: establishing the legal parent-child relationship. Once parentage is confirmed, the court can issue orders for child support, custody, and parenting time.
Child Support After Establishing Parentage
Child support can’t be ordered until legal parentage is established. Once that step is complete, the court applies state guidelines to determine the proper child support amount. These guidelines take into account each parent’s income, the number of children, and the parenting time arrangement.
At The Law Office of Alyease Jones, we explain to our clients how the Illinois Income Shares Model works. This model looks at the combined income of both parents and estimates what would have been spent on the child if the family lived together. That amount is then divided proportionally between the parents.
Child support covers essential expenses such as food, shelter, and clothing, but it may also extend to health care costs, child care, and educational expenses. Courts in Illinois focus on the child’s best interests when setting support levels, which is why accurate financial disclosure from both parents is critical.
Parenting Time and Decision-Making Authority
After parentage is established, Illinois courts can determine parenting time (formerly known as visitation) and decision-making responsibilities (formerly known as custody). Parenting time refers to the time a child spends with each parent, while decision-making involves authority over key issues such as education, healthcare, religion, and extracurricular activities.
Illinois law requires that parenting time be allocated in a way that promotes the child’s well-being. Courts typically encourage both parents to maintain a meaningful relationship with the child unless there are safety concerns.
We work with unmarried parents to develop parenting plans that reflect the child’s best interests while also respecting each parent’s circumstances.
Challenges Unmarried Parents May Face
Establishing parentage and securing fair orders for child support and parenting time can present unique challenges. Some common issues unmarried parents face include:
A parent refusing to sign a Voluntary Acknowledgment of Paternity.
Disputes over whether DNA testing should be ordered.
Concerns about retroactive child support for periods before parentage was established.
Conflicts about how parenting time should be divided.
Disagreements over additional expenses such as medical care or extracurricular costs.
These challenges highlight why legal guidance is so important. At The Law Office of Alyease Jones, we help parents address these disputes with clarity and focus on long-term solutions that protect the child’s best interests.
Retroactive Child Support
Parents often ask whether child support can be ordered for the period before parentage was officially established. Under Illinois law, courts can award retroactive child support dating back to the child’s birth, depending on the circumstances.
The court will consider whether the noncustodial parent was aware of their potential parentage, whether they provided voluntary support, and whether the custodial parent delayed filing for child support without justification.
Retroactive support can place a financial burden on parents, but it also confirms that children receive the resources they deserve. We help clients present evidence to the court that explains their financial situation and contributions made before the formal establishment of support.
Modifying Child Support Orders
Child support orders aren’t necessarily permanent. If circumstances change significantly, either parent can request a modification. Common reasons include job loss, a substantial increase in income, changes in parenting time, or increased expenses for the child. Illinois law allows these modifications, but the requesting parent must show that the change is substantial and ongoing.
We regularly assist parents with modifications to child support orders, whether they’re seeking an increase or a reduction. We emphasize the importance of working through the court system rather than relying on informal agreements, which may not be legally enforceable.
Enforcement of Child Support Orders
When a parent fails to meet their child support obligations, Illinois has several enforcement mechanisms. These may include wage garnishment, suspension of driver’s or professional licenses, interception of tax refunds, and, in extreme cases, contempt of court proceedings.
While enforcement may sound punitive, its purpose is to protect children and make sure they receive the support they need.
We help custodial parents pursue enforcement actions while also advising noncustodial parents on how to address financial difficulties that may prevent them from keeping up with payments.
Creating Parenting Plans for Unmarried Parents
Parenting plans are a key part of parentage cases. These written agreements outline how parenting time and decision-making responsibilities will be shared. Courts require parents to submit a plan, and if they can’t agree, the judge will decide based on the child’s best interests.
A strong parenting plan addresses schedules, holiday arrangements, transportation responsibilities, communication expectations, and methods for resolving disputes. At The Law Office of Alyease Jones, we guide parents through drafting parenting plans that are realistic, fair, and centered on the child’s needs.
Reach Out to a Family Law Attorney Today
Establishing parentage is a critical step for unmarried parents because it lays the groundwork for child support and parenting time. By formally establishing parentage, parents can secure both financial and emotional stability for their children.
At The Law Office of Alyease Jones, we’re dedicated to helping unmarried parents through every stage of this process. From filing the necessary paperwork to advocating in court for fair child support and parenting time, we stand with parents who want the best for their children.
If you’re an unmarried parent with questions about parentage, child support, or parenting time, we encourage you to reach out. We’re proud to serve Chicago and the surrounding areas. Contact us today to work toward a future that protects your rights and your child’s well-being.