QUESTION

If I give a child my name because I married the mother but then divorced her, am I obligated to pay child support?

Asked on Jul 07th, 2014 on Child Custody - Indiana
More details to this question:
I have signed papers to let the mother change child’s name to her maiden name. I know the child is not mine but we were married at time of the child’s birth. I have been paying child support for a child that is not mine and haven’t seen in years.
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2 ANSWERS

Yes. A child born born during your marriage is presumed to be yours. If there is a support order, there is a finding in a court order that you are the father. The fact that you do not have a relationship with the child is not relevant to your obligation to pay support. It would be very difficult to now argue that you are not the dad. You had that chance many years ago and apparently chose not to do so.
Answered on Jul 09th, 2014 at 9:15 AM

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Family Law Attorney serving Indianapolis, IN at Arany & Associates
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You have an "estoppel" problem. (Google that word for a legal definition.) It appears from your description of the problem that when you divorced the child's mother, you didn't disavow paternity. It appears that you let a divorce decree happen stating that you are the father. The court isn't so much interested in "you," but instead is more interested in the child's interests, and in the state's interests, in this situation. Both the child and the state need your child support check! Divorce courts are referred to as "courts of equity," and it is said that: "Equity aids the vigilant; not those who slumber on their rights."
Answered on Jul 09th, 2014 at 9:12 AM

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