Tuesday, October 23, 2007

Paternity: child support and paternity affidavits

An earlier post reported on the dangers under Indiana law with paternity affidavits. See Paternity Affidavits - A Warning.

After signing the paternity affidavit, the father has one last chance to dispute paternity. Indiana Code 31-14-11 governs when the father can dispute paternity (I am quoting the statute at length because of the lack of a html link to the specific statutory sections

If: (1) a paternity affidavit is executed under IC 16-37-2-2.1; and (2) the man who executed the paternity affidavit fails to set forth evidence at a child support hearing that rebuts the man's paternity; an order establishing paternity and child support for the child named in the paternity affidavit may be obtained at a child support hearing without any further proceedings to establish the child's paternity. As added by P.L.1-1997, SEC.6."
So what does this really mean:
  1. If the father does not dispute paternity when the court sets child support, he can expect to pay child support till the child is emancipated.
  2. If you have signed a paternity affidavit and have a hearing coming up, get yourself a lawyer.

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