Legal Question in Family Law in Indiana
friend had paternity test found out child was not his
i have a friend who found out that his child was not his by a paternity test.at the time of birth he signed the birth certificate after i advised him not to because of doubt.he moved out of his moms home to be responsible for the child and he and the mother lived together for 2 years before they split.this girl told him she was on birth control at the time of conception even though she was not.she never worked and collected medicaid and food stamps from the state even though he worked a full time job w/benefits making 30,000 a year.she took half of his tax check to pay off a loan of hers.he feels she knew but just used him.he has been paying child support to her and only has record of approx.3 checks to her stating child support.they never went to court because she told him that he could just pay her and keep from going to court.he belived this was going to be cheaper than court ordered support .can she be held responsible for the money time emotion and future cost to clear this up?can he sue her for rent and utilities or possibly fraud?what about counseling?he believes that she misled him and knew the whole time.he believes that he has spent more than 5grand should he take her to court& whatkind?what legal action can he take ?
1 Answer from Attorneys
Re: friend had paternity test found out child was not his
Your friend may be able to sue her. However, based on your representations,I suspect that she does not have any assets. He would be unlikely to collect on any award a judge or a jury might give to him. Your friend would probably be best served by moving on with his life.