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Adult son could file paternity, support petition

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A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.

In In Re: the paternity of: Brennan McGuire-Byers, a child born out of wedlock; Raymond S. Byers v. Brennan McGuire-Byers and Mary S. McGuire (mother), No. 71A03-0803-JV-132, Raymond Byers appealed the trial court's award of retroactive child support and attorney fees for his adult son, Brennan McGuire-Byers.

Mary McGuire and Byers were living together in Illinois in 1987 when McGuire-Byers was born, but after about a year Byers was no longer part of his son's life. He moved to Indiana but did not allow McGuire to know his location. He sent an occasional card or letter to his son but didn't pay child support.

McGuire-Byers found Byers while in high school and lived with him for about a year. In April 2006, he initiated a paternity proceeding, with his mother as a petitioner, against Byers, who was determined to be McGuire-Byers' father. The trial court ordered Byers to pay retroactive child support from the date of McGuire-Byers' birth, pay an arrearage of nearly $120,000, and pay one-third of McGuire-Byers' college expenses. The child support payments would end when McGuire-Byers turned 21. The trial court ordered the payments be made directly to McGuire-Byers.

Byers argued on appeal the retroactive child support order was improper because the paternity action was initiated by McGuire-Byers, an adult, in his own name. Under Indiana Code, McGuire-Byers could file the paternity petition in his individual capacity because he filed it before he turned 20, wrote Judge Michael Barnes. Retroactive child support was proper because the trial court found Byers was in McGuire-Byers' life for a year and would send him money and cards, signed, "Love, Dad." Byers knew he was McGuire-Byers' father but avoided responsibility, so it wasn't an error to award retroactive child support, wrote the judge.

McGuire-Byers shouldn't receive all of the retroactive child support payments, but as his mother, McGuire should be awarded the payments because she supported McGuire-Byers from the time of his birth. Because there is some question as to when McGuire stopped supporting McGuire-Byers, the appellate court remanded for the trial court to determine whether McGuire is entitled to payments from the time McGuire-Byers lived with Byers and whether she or McGuire-Byers is the proper recipient of the child support payments.

The Court of Appeals also affirmed the award of attorney's fees in favor of McGuire and remanded for the trial court to calculate the award of appellate attorney's fees for McGuire.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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