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, the denial by the father wouldn’t stand per the provisions in Burns Ind. Code Ann. § 31-14-7-1. Burns Ind. Code Ann. § 31-14-7-1 enumerates instances when courts presume who the biological father is in a given case. It reads:“A man is presumed to be a child's biological father if:
(1) the:
(A) man and the child's biological mother are or have been married to each other; and
(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;
(2) the:
(A) man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage:
(i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or
(ii) is voidable under IC 31-11-9; and
(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or
(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.”
In the given instance, the denial will not be acceptable in court per the about quoted statute. He shall be presumed to be the father of the child as the child was within 300 days of the divorce.
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.
