[BC1776]

I live in Ohio, but the child lives in Indiana. He is 11 years old, I did not even know he even existed until he wa 18 months old. I approached the mother, she did not want me to have anything to do with him. I asked her for a paternity test and she refused. At the time of our "relationship" she was married and had two other "boyfriends" so you can see why I was skeptical. Her mother has recently been in contact. If he is my son I want to do the right thing, but as a husband and father of two children 3 yr. 9 mo. And a 10 mo. Old I do not want to screw the family I have now. I want to take a paternity test but my dad is warning me against it telling me that if they don't take me to court the state of Indiana will and I will be in arrears automatically for 12 years of back support. I'm at a loss as to what to do.

[Fr_Chuck]

Correct,

First you could have required a test though court back when the child was 18 month old.

But now the mother can go to court to require a DNA test if they want to, or you can require a DNA test yourself.

But yes you can owe back child support,

[cadillac59]

I'm an attorney in California and a Certified Family Law Specialist and my practice consists 100% of family law.

Now, having said that my opinion is based solely on California law, not Indiana law so you need to check out anything you read here with a family law attorney in Indiana. But sometimes laws are similar so this may be helpful.

The husband is the presumed father of the child. You have no presumption of paternity going for you unless you signed a voluntary declaration of paternity (which I assume you didn't) which would have resulted in you being named on the birth certificate as the father. The mom has to file an action to 1) determine the husband is not the father and 2) that you are. Genetic testing may be ordered as part of this. However, if the child were conceived while the mom and her husband were living together as husband and wife, it is probably too late for her to take any action to establish you as the father (there's s two-year statute of limitations of sorts that applies) because the child is now 11. So one question is, was the mom separated from her husband when the child was conceived? If so, she may be able to do something to establish you as the legal father, if not, it's probably too late.

Even if you were determined to be the biological father that would not necessarily establish you as the legal father; i.e. the one liable for support (and the one with custody rights). If the husband is the one the child has come to know as daddy, you might well be off the hook even if you are bio-dad. The court could deny a request to find you the father and let the "de-facto father" off the hook. These are all factual calls for the trial judge.

No matter what the outcome, you will NEVER be responsible for "back child support" to any date earlier than the date mom files her action to establish you as the father- that's the earliest date: the date mom files the paternity case. So no, you will never have to pay 11 years of past support so forget about that.