ILNews

Court examines statute about paternity, child support

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.

In the case of In Re Paternity of D.L., C.L. v. Y.B., No. 88A01-1002-JP-224, the appellate panel unanimously reversed a decision by Washington Circuit Judge Robert Bennett involving a man’s paternity and child support arrangement for a child born in 1993 out of wedlock.

The mother, Y.B., had brought a paternity action against C.L. a few years after the child’s birth and he admitted to being the father, putting in motion the child support arrangement for both D.L. and a younger brother. They shared financial costs of raising both children and the mother maintained regular visitation, and eventually when there was some modification of custody and child support they agreed to genetic testing that determined C.L. wasn’t actually D.L.’s biological father.

At the time, D.L. owed about $9,000 in child support arrearage and he argued that the trial court should allow him to be relieved of that amount. The mother, represented by the prosecutor and ultimately the Indiana Attorney General’s Office, argued that this would constitute a retroactive modification of child support. The trial court declined to grant relief based on that.

On appeal, the state cited Indiana Code 31-16-16-6 that provides courts generally do not have authority to retroactively modify an obligor’s duty to pay a delinquent child support payment. But the appellate court disagreed with that being a fair characterization of D.L.’s request, and it instead looked to IC 31-14-11-23 – a statute that no Indiana appellate court has applied since its inception in 1994. That statute says a man’s child support obligation and any arrearage terminates if a court vacates his paternity based on fraud or mistake of fact.

Neither party cited that statute in this appeal, but the appellate panel found it clearly supports its determination to reverse the trial judge and terminate C.L.’s arrearage for D.L.

The appellate panel noted that the record in this case shows the trial judge was concerned about the parents “stumbling” across the new paternity findings, and that issue was one dealt with in a previous line of cases beginning with Fairrow v. Fairrow, 559 N.E. 2d 597, 600 (Ind. 1990). But that Fairrow ruling came down before the addition of IC 31-14-11-23 in 1994, and so it involves a different paternity issue than the one challenged here.

Since this decision doesn’t affect C.L.’s obligation to pay the child support arrearage relating to the younger brother, the appellate panel remanded the case so the trial court can calculate the amount C.L. owes there.
 

ADVERTISEMENT

  • Benefit fraud
    Is it possible to amend an order for child support due to false paternity?
  • Indiana child support interest rate violates Federal law
    I have a question. Why is it that Indiana charges 1-1/2 percent interest per month on child support arrears when 42 US Code 654(21)(a) states that a state may charge no more than 6-percent annual interest. Did the legislators who enacted this law sleep through their History or Law class on the Supremacy clause in the Constitution?
  • paternity fraud
    Could it be that the courts are unwilling to modify or vacate child suport awards in cases of paternity fraud is the loss of income to the state under the Child Support Performance Incentive Act?

    Suggested reading - http://true-equality.110mb.com/reports/CSPIA_Abuses_Report.pdf
  • Mom's crime
    This is a victory for mens rights. Women who knowingly accuse/claim men to the fathers when they obviously know differently (or at least know of the possiblilty there of)should be arrested for fraud, and extorsion. The sad thing is that innocent children suffer from the misdeeds of their mother

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sometime i really wanna help those in a financial problems. i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Payoneer lending service. it cost 0 dollars to loan from their company. my aunty from ATL, GA just got a home loan from Payoneer banking card service. and they gave her a loan of 7,000,000 USD. they give out loan from 100,000 USD - 10,000,000 USD. try it yourself and testimony, am Salvas from NY. have a great day as you try. Kiss & Hug. E-mail < Payoneercardservice@gmail.com >

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT