IL HB6259

Court must vacate a child support order if clear and convincing evidence shows the obligor is not the biological father and the obligee maliciously misrepresented paternity to the obligor.

Obligor must file a motion to vacate the support order within 2 years of discovering evidence that he is not the biological father.

Obligor may bring an action against the obligee or true biological father to obtain restitution for up to 5 years of child support previously paid.

Restitution judgments against the mother cannot be enforced until after the child turns 18 years old or is otherwise emancipated; any wage garnishment against the true biological father is subordinate to existing child support withholding orders.

If the support order is vacated, the court must also vacate the paternity judgment or adjudication under which the support order was entered.