Full question:
My child was born within 2 months of the divorce from husband. He refuses to pay child support claiming that he is not the father. Is my husband’s denial valid in Indiana?
- Category: Paternity
- Date:
- State: Indiana
Answer:
In Indiana, a father's denial of paternity is generally not valid under Burns Ind. Code Ann. § 31-14-7-1. This law states that a man is presumed to be the biological father of a child if:
- The man and the child's biological mother are or were married, and the child is born during the marriage or within three hundred days after the marriage ends.
- The man and the child's mother attempted to marry, and the child is born during that attempted marriage or within three hundred days after it ends.
- The man undergoes a genetic test showing at least a ninety-nine percent probability of being the biological father.
In your case, since your child was born within two months of your divorce, your husband is presumed to be the father according to this statute. Therefore, his denial of paternity would not be acceptable in court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.