Friday, April 24, 2009

IC 31-16-2-2

IC 31-16-2-2
Cause of action established
Sec. 2. A cause of action for child support is established.

Prejudgment interest was inappropriate based on the number of years ex-wife acquiesced in ex-husband's failure to pay child support; ex-wife waited nearly ten years from daughter's emancipation to file an action regarding ex-husband's child support arrearage, and ex-husband had not paid child support for a number of years prior to daughter's emancipation. McGuire v. McGuire, App.2008, 880 N.E.2d 297. Child Support 453In loco parentis status by itself is an insufficient basis for imposing a child-support obligation on the stand-in parent. Marriage of Snow v. England, 2007, 862 N.E.2d 664. Child Support 31Child support may be either the subject of a separate action or an application in an action for dissolution of marriage. Bagal v. Bagal, App. 4 Dist.1983, 452 N.E.2d 1070. Child Support 170Though, had a genuine issue as to the paternity of child been raised, superior court might have been without jurisdiction to decide that question in marriage dissolution proceeding, where no such issue was ever raised at trial and pleadings and all evidence established that both divorcing parties considered themselves to be the child's natural parents, the superior court was not without jurisdiction to enter an order for support. Toller v. Toller, App. 1 Dist.1978, 375 N.E.2d 263, 176 Ind.App. 322. Child Support 173I.C. 31-16-2-2, IN ST 31-16-2-2

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