Legal Question in Family Law in Indiana
child support
My son married a woman who was 5 months pregnant by another man ( my son had a vasectomy years ago) She knows my son is not the father . because the child was born into that marriage she now insists that my son pay child support. He knew she was pregnant when he married her, but he never dreamed that if their marriage did not last that he would be responsible for her child . What can he do?
1 Answer from Attorneys
Re: child support
If they are going through a legal separation or one of them has filed for a dissolution, the husband needs to get a petition on file disputing paternity. Until there is a determination of that issue, the law is clear that a presumption of paternity is sufficient to obligate him to pay support. The underlying theory is that it is more likely than not that a man marrying a pregnant woman is the father. Of course, that is not true in all situations (as you are well aware), but the husband needs to make the challenge at the earliest possible time or he will always pay support and not be able to challenge paternity later.
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