If the acknowledgement of paternity was not witnessed is it still valid?

You see I had someone sign it as a witness and he actually didn't see me sign it nor did I see him sign it is it still valid?

Unless there was a requirement that the acknowledgement be witnessed (any question on law need to include your general local as laws vary by area) it may still be valid.

Are you denying you signed it? Because if you aren't or there is other testimony that you signed it, then its valid.

Was there a DNA test done and proven you were not the father that you want to back out of the acknowledgement of paternity?
As Scott said you need to say what state you are in for actual law.
In my state once it is signed you are responsible until the baby turns 18 no matter what short of an adoption.

All three areas must be completed and both parents must sign the VAP in front of a witness who is at least 18 years old and who is not the parent or child. The witness must sign/date the VAP and provide his or her address and telephone number below each parent's signature.

Now this is copied and pasted from the Illinois DHS site and it clearly states it has to be witnessed and none of them were witnessed so the document was sent to the mother so she could get another copy and =resend it to me and she instead kept it and 17 years later sued me for child support with this document that was not witnessed the way it was intended.

And what happened during those 17 years? Did you never pursue your child or paternal rights?

Even if the VAP is deemed valid by a court, and you have a good case to have it vacated, DNA could still show you are the father and still make you responsible for support. The bad news for you is that IL allows discretionary retroactive support with no time limit. If DNA shows you to be the father and you made no move to pursue your rights even after signing the VAP (whether its valid or not), the court may decide to order a retroactive award.

During the 17 years the child I had with her was supported and turned 18 it's the child that isn't mine "According to her" that this document was used to obtain child support.


State is Illinois
I Actually have a hearing coming up to dispute the document and was wondering if I had any ground to fight this.

Are you saying that now that the child you have is now 17 and the mother is only now going after child support? If so, as far as I know she can only go back as far as the date she first filed. So if she is only filing now you would be responsible for now. If she filed when the child was 3 and awarded support then it would possibly go back that far. Since she hasn't pursued all these years it depends on what she has done up to this point. Like was she actively looking for you to serve? Were you avoiding going to the hearings? I am not sure what you are saying has happened up to this point concerning child support.

So you had a child with her that you acknowledged and supported (via court order?). But she had a second child. Did you acknowledge that child? Did the VAP you digned pertain to the second child?

It would help if you told us the whole story instead of piecemeal. So we can give you proper advice. Were you ever married to her? Is the document you signed dated?

Without telling everyone my life story yes I had a child with her and then a second that later was told he was not my son I never signed any documents for either child that were valid. The document she used to obtain child support was filled out incorrectly and not witnessed and was sent back to her to get another one and she signed it 17 years later and used it as if it were valid and the state came after me for child support.

The document was suppose to be signed by both parents and witnessed but it was never witnessed nor signed in front of any witness but it does have my signature on it

If so, as far as I know she can only go back as far as the date she first filed.

Did you read my answer? IL allows for retroactive support at the discretion of the court with no time limit.

I've asked the OP to give us the full story instead of piece by piece so we can understand and advise properly.

Without telling everyone my life story yes I had a child with her and then a second that later was told he was not my son I never signed any documents for either child that were valid. the document she used to obtain child support was filled out incorrectly and not witnessed and was sent back to her to get another one and she signed it 17 years later and used it as if it were valid and the sate came after me for child support.

So didn't you get served with a notice about the suit? Didn't you go to a hearing and point out that the document was not properly completed and didn't refer to the second child? We aren't asking for your life story, but we can't give proper advice without the facts.

We have already established that she can go back if you read the post it says back child support was granted!

Im simply asking if I have grounds to fight this document not child support!

We have already established that she can go back if you read the post it says back child support was granted!

Im simply asking if I have grounds to fight this document not child support!

First, we are trying to help you. Why are you giving us a hard time in doing so?

Second, I know you said the back support was awarded. As I said, that's allowed under IL law, but its at the discretion of the court to award support prior to the date of filing.

So if the court exercised that discretion, there must be a reason. So it is a valid question to know what happened at the hearing. I've already answered that using that document is subject to challenge. But whether you can challenge it depends on what has happened. For example, if you neglected to use that at the hearing you may have missed your chance.

If you don't want to answer our questions so we can help you, then go out and hire an attorney who will ask these same questions and more. You will probably need an attorney if the award was already made.

... I Actually have a hearing coming up to dispute the document and was wondering if I had any ground to fight this.

You did sign the affidavit of paternity, but the alleged witness who signed it as witness didn't actually see you sign it, correct?

This particular argument on your part is not going to hold any water. Here's why:

If you testify that you signed it while the supposesd witness was not present, you will be admitting the important thing: that you did sign it.

In any event, paternity testing will prove that you are the father. An affidavit of paternity (or verification of paternity as Illinois apparently calls it) is only a convenient shortcut when everybody agrees as to the fact of paternity.

You did sign the affidavit of paternity, but the alleged witness who signed it as witness didn't actually see you sign it, correct?

This particular argument on your part is not going to hold any water. Here's why:

If you testify that you signed it while the supposesd witness was not present, you will be admitting the important thing: that you did sign it.



If I'm understanding the situation what the OP signed was not for the second child, only the first. In that case he has a point. Even if it were for the second child, he can appeal the award on the grounds that the document used as the basis of the award was invalid. But that's only if he were not a party to the hearing where the award was ordered.

Of course most of this is guesswork because the OP is not helping us help him.

It was signed, and submitted to the court as valid. As such, now they wish to testify in court that it was signed under fraud terms, and that perhaps, perjury of the witness who signed for them. * how does this witness feel about being "thrown under the bus"

But the form in my opinion will be held as valid, since the poster admits signing it, just that wintess latter signed it after after being told, it was signed. ** not really uncommon.

If or if not, this will be allowed will be what lawyers can argue in court, and it will be up to the judge, after hearing testimony of the party signing, maybe comparing hand writing, and testimony of the witness to signing. I think the judge will hold this form as valid, but in law, rulings are never 100 percent, so this is what attorneys are for.

As to anything else, your lack of giving back ground info, leads me to believe you have more issues and are hiding facts.

Also NO, one issue is always connected to other issues in family court.