Court examines statute about paternity, child support

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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.


  • 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 -
  • 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

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.