Legal Question in Family Law in Indiana

child support / paternity

I have a 17-year-old son that I have paid support faithfully for since birth. My question, however, is in regard to his 13-year-old brother, whom his mother has alway denied is my biological child. I have always believed there was a very good chance he is my son, and have always treated him as my son, in spite of his mother's insistence that another man was his father. Until 2 years ago, she denied me any contact with the child, but would allow me to drop off Christmas, birthday, Easter gifts for him. Two years ago she suddenly started letting him come to visit when his brother did, but continued to tell him and me that I was not his father. In the last few months, she has apparently changed her mind, and I am now to appear for a paternity test and child support hearing. If it comes to be that I am his dad, I feel like I have been robbed of my son's childhood, and he has been robbed for most of his life of a father who truly loves him. I don't know if it is relevent, but their mother and I were never married. Am I going to be faced with paying nearly 14 years of back child support, or will I only have to pay from when paternity is established? I am now married and have 2 other biological children, and 1 adopted child.


Asked on 1/20/07, 10:26 am

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: child support / paternity

Indiana law allows for support in a paternity case to go back to birth or date of filing a petition and the choice of where to stop is left to the judge's discretion. You need to consult with an attorney as soon as possible.

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Answered on 1/20/07, 10:43 am

Re: child support / paternity

In theory, Indiana law allows for support in a paternity case to go as far back as birth. However, it is rare that the court goes back more than two years and often times, only to the date of filing. You have a lot of special circumstances that leads me to believe that the court will not order retroactive support to the date of birth. You should hire an attorney to aggressively argue your case.

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Answered on 1/20/07, 5:46 pm


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