In Re Marriage of Kz and Mh, 961 N.E.2d 1023

Married June 7, 2009; petition for dissolution filed January 26, 2011 with pregnancy acknowledgment.
Proposed decree stated no children but mother later advised pregnancy; dissolution court adopted decree April 8, 2011.
Father claimed birth of child and sought relief under Trial Rule 60(B); court advised him to obtain counsel.
June 29, 2011 hearing resulted in an order modifying the decree to reflect the child’s birth.
Mother challenged the modification as an abuse of discretion; standard of review is abuse of discretion.
Court affirmed modification, applying a presumption of legitimacy for a child born during marriage and upholding relief under TR 60(B)(8).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether TR 60(B)(8) relief to modify decree was proper	K.Z. argues no paternity evidence and improper reliance on presumption	M.H. argues presumption of legitimacy and modification is appropriate	Affirmed: relief proper under TR 60(B)(8) and legitimacy presumption applied
Whether the court properly applied the presumption of legitimacy	K.Z. contends presumption irrelevant since paternity not tested	M.H. argues child is presumed within marriage; paternity not disputed	Affirmed: child presumed legitimate under Indiana law; court did not err
Whether relief caused injustice or abuse of discretion	K.Z. claims unfairness given pregnancy timing	M.H. contends modification fair and consistent with parties’ representations	Affirmed: no abuse of discretion; no injustice shown

Case v. Case, 794 N.E.2d 514 (Ind.Ct.App.2003) (relief under TR 60(B)(8) in dissolution context)
Parham v. Parham, 855 N.E.2d 722 (Ind.Ct.App.2006) (reconsideration of orders to correct injustices in domestic relations)
L.F.R. v. R.A.R., 269 Ind. 97, 378 N.E.2d 855 (Ind. 1978) (presumption of legitimacy of children conceived during marriage)
Buchanan v. Buchanan, 256 Ind. 119, 267 N.E.2d 155 (Ind. 1971) (statutory presumption favoring legitimacy of children)