Ask Me Help Desk - Obligated to pay child support after proven not to be the father

We are hoping and praying to find help in our situation. At this point we have tried everything and are grasping at straws. Here's the story, I'll stick to the facts. Ten years ago, before my husband and I met, he was in a relationship with a woman, a child was conceived, he was told he was the father. He signed a Paternity Affidavit as well as the Birth certificate. The mother proved to be neglectful and abusive. My husband left her and fought for full custody. Upon receiving the notice, the mother left a message on his answering machine saying "You can't have my son, he's not even yours." At this point his son was going on two and he Was Daddy. His lawyer advised a Paternity Test and the Judge ok'd it. The results came back 100% conclusive he was Not the father. That was only the beginning. At the following hearing the judge revoked all ordered visitation and kept the support obligation in place. The mother was on government assistance so not only was he responsible for the support payments but his tax refund is taken every year to pay the balance of her welfare. Present day, the child is 9 and has been removed from the mother's home by CPS in the last year. He is now residing with the mother's ex boyfriend who is no relation to him. The biological father is known, the mother proudly announced it was my husband's best friend. He has admitted responsibility and was, until the child was removed, buying him school clothes and shoes, a cell phone (yes a then 8 yr old) having him stay overnight, basically, he buys the things the support money is supposed to be buying, he gets the visitation (or did get) and yet the mother has our money to spend on her drug habit and we have no say on what happens in this case. Our hope is that someday we can transfer the 'rights' to the biological father. As Indiana law states, "A Child May Not, Under Any Circumstances, Be Bastardized." This is what the judge fights... We DO NOT want him to be fatherless, we want the Responsible Father to take responsibility! Can Anyone Help Us??

I would get the best family law Attorney you can find - I see no way you can get through this situation without legal counsel.

I agree with judy-you need to have a good family law attorney.

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Originally Posted by CaseyLea

. He signed a Paternity Affidavit as well as the Birth certificate.

Mistake! It allows child support to be collected from him anytime.

Quote:

Originally Posted by CaseyLea

My husband left her and fought for full custody… At the following hearing the judge revoked all ordered visitation and kept the support obligation in place.

Welcome to the main idea of Indiana/and the USA,too/ legislation and court practice-“Catch the first man and impose upon him financial duties .If he is mot biologically related to the child-cut the visitation but let him pay”

Quote:

Originally Posted by CaseyLea

The biological father is known, the mother proudly announced it was my husband's best friend. He has admitted responsibility…, he gets the visitation…
. Our hope is that someday we can transfer the 'rights' to the biological father.

I would like to say you want to transfer your husband’s obligations;) but not rights,because he has obligations only.

Actually the judge acted properly under In legislation.

IC 31-14-7-3
Paternity affidavits
Sec. 3. A man is a child's legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1.

IC 16-37-2-2.1
Paternity affidavits; requirements; forms; penalty; effect of filing paternity affidavit; action to establish paternity

(e) A paternity affidavit executed under this section must contain or be attached to all of the following:
(1) The mother's sworn statement asserting that a person described in subsection (b)(1)(B) is the child's biological father.
(2) A statement by a person identified as the father under subdivision (1) attesting to a belief that he is the child's biological father.

(g) A paternity affidavit executed under this section:
(1) establishes paternity;
(2) gives rise to parental rights and responsibilities of the person described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency to obtain a child support order against the person, which may include an order requiring the provision of health insurance coverage; and
(B) reasonable parenting time rights unless another determination is made by a court in a proceeding under IC 31-14-14; and
(3) may be filed with a court by the department of child services.
However, if a paternity affidavit is executed under this section, the child's mother has sole legal custody of the child unless another custody determination is made by a court in a proceeding under IC 31-14.
(h) Notwithstanding any other law, a man who is a party to a paternity affidavit executed under this section may, within sixty (60) days of the date that a paternity affidavit is executed under this section, file an action in a court with jurisdiction over paternity to request an order for a genetic test.
(I) A paternity affidavit that is properly executed under this section may not be rescinded more than sixty (60) days after the paternity affidavit is executed unless a court:
(1) has determined that fraud, duress, or material mistake of fact existed in the execution of the paternity affidavit; and
(2) at the request of a man described in subsection (h), has ordered a genetic test, and the test indicates that the man is excluded as the father of the child.
(j) Unless good cause is shown, a court shall not suspend the legal responsibilities under subsection (g)(2)(A) of a party to the executed paternity affidavit during a challenge to the affidavit.
(k) The court may not set aside the paternity affidavit unless a genetic test ordered under subsection (h) or (I) excludes the person who executed the paternity affidavit as the child's biological father.

The Indiana Code has no provision for the filing of an action to disestablish paternity.
In Re Paternity of H.J.B. 829 N.E.2d 157, 159 (Ind. Ct. App. 2005). Further, a trial court does not have the authority to treat child support proceedings as proceedings to disestablish paternity. The Court noted that (1) the Indiana statutes covering paternity actions provide a means to establish rather than disestablish paternity; and (2) the General Assembly clearly and unequivocally prescribed, at I.C. 31-14-1-1 (1998), that it “favors the public policy of establishing paternity under [Article 14] of a child born out of wedlock.”

You may cherish hopes that a mother or the biological father will be willing to change that situation.They and only they can relieve your husband from his obligation to pay CS next 9+ years.
It sounds unfair but the Indiana law allows the bio-father to disestablish paternity of 17 year old marital child living in intact family /and to disrupt a lot of lifes/but the same law does not allow a non-related third party to avoid his obligation if the biological father is not willing to have obligations.
Your husband may try to convince the judge or to convince the mother to change their opinions.Another way is your husband to sue her/ or at least to threat her with it/ for fraud and for child support recoupment.

Thank You so much for your honest summary of it all. Unfortunately that is basically what we have been told in the past so I guess our option in grin and bear it until it's over. :(

We're in the same situation. What I told my husband to do is this: sue for custody. If the affidavit of paternity/birth certificate gives legal parental rights to the non-biological, legal father, then he should have no problem taking her to court to gain full custody of that child. If the mother was worth anything, she won't want that to happen and will do her best to fight with the "he's not the father" plea, which will eventually lead to the fact that he's paying child support and a dissolution order to stop said payments. From what you are saying though is she's not a good mother and he'll most likely win the case getting custody of the child and no further payments will be given to support her drug habit.

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Originally Posted by merrfinney

We're in the same situation. What I told my husband to do is this: sue for custody. If the affidavit of paternity/birth certificate gives legal parental rights to the non-biological, legal father, then he should have no problem taking her to court to gain full custody of that child. If the mother was worth anything, she won't want that to happen and will do her best to fight with the "he's not the father" plea, which will eventually lead to the fact that he's paying child support and a dissolution order to stop said payments. From what you are saying though is she's not a good mother and he'll most likely win the case getting custody of the child and no further payments will be given to support her drug habit.

The law has been posted - can you post where you read the law you posted - ?

Right where you read it... (2) gives rise to parental rights and responsibilities of the person... that says that the person who signed the affidavit has parental rights to the child and should be able to apply for custody of the child. If the mother is willing to fight for her child, she'll willingly do sign a sworn statement that he is not the biological father therefore resulting in the dissolution of responsibility...

Quote:

Originally Posted by merrfinney

right where you read it... (2) gives rise to parental rights and responsibilities of the person....that says that the person who signed the affidavit has parental rights to the child and should be able to apply for custody of the child. If the mother is willing to fight for her child, she'll willingly do sign a sworn statement that he is not the biological father therefore resulting in the dissolution of responsibility...

I disagree with your interpretation of the law - a sworn statement is not going to do the job.

"GV" has, in fact, posted the law and explained it.

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Originally Posted by merrfinney

ok...we'll see

And come back and let us know - always helpful to have real, live experience on the Boards.

Quote:

Originally Posted by merrfinney

right where you read it... (2) gives rise to parental rights and responsibilities of the person....that says that the person who signed the affidavit has parental rights to the child and should be able to apply for custody of the child. If the mother is willing to fight for her child, she'll willingly do sign a sworn statement that he is not the biological father therefore resulting in the dissolution of responsibility...

;)

Quote:

Originally Posted by CaseyLea

My husband left her and fought for full custody...His lawyer advised a Paternity Test and the Judge ok'd it. The results came back 100% conclusive he was Not the father. That was only the beginning. At the following hearing the judge revoked all ordered visitation and kept the support obligation in place.

Quote:

Originally Posted by merrfinney

right where you read it... (2) gives rise to parental rights and responsibilities of the person....that says that the person who signed the affidavit has parental rights to the child and should be able to apply for custody of the child. If the mother is willing to fight for her child, she'll willingly do sign a sworn statement that he is not the biological father therefore resulting in the dissolution of responsibility...

Quote:

Originally Posted by GV70

IC 16-37-2-2.1(2) gives rise to parental rights and responsibilities of the person described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency to obtain a child support order against the person, which may include an order requiring the provision of health insurance coverage; and
(B) reasonable parenting time rights unless another determination is made by a court in a proceeding under IC 31-14-14;

Ok-another determination was made by a court:)