In Re Paternity of DL
938 N.E.2d 1221
Ind. Ct. App.2010Background
- D.L. was born to C.L. and Mother in 1993; paternity established in 1996 with C.L. ordered to pay support for two children.
- Genetic testing in 2009 showed C.L. was not D.L.'s biological father; K.G. was identified as the biological father for D.L.
- DNA results were entered as evidence in 2009 and K.G. paternity was established; custody and support orders were modified.
- C.L. was found to owe arrearages for D.L. prior to the 2009 paternity change, and sought relief from arrearage.
- Trial court initially declined relief from arrearage; in 2010 the court denied re-evaluation of arrearage relating to D.L.
- Court held that paternity vacated due to mistake of fact terminates child support obligations and arrearage for the affected child staff; remanded for arrearage calculation related to D.L.'s brother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disestablishment of paternity and relief from arrearage | C.L. seeks relief under mistake/fraud grounds. | State argues no relief beyond existing orders. | Relief from arrearage granted; paternity effectively vacated. |
| Applicability of Indiana Code 31-14-11-23 to the facts | Section applies when paternity vacated for fraud/mistake. | Statutory relief may be limited by prior rules. | Statute applicable; arrearage terminated. |
| Whether Murphy governs retroactive modification of support | Murphy supports reimbursement of past payments through termination. | Murphy differs; not controlling in this context. | Murphy distinguished; not controlling; relief based on 31-14-11-23. |
| Whether the case requires remand for arrearage calculation | Arrearage tied to D.L.; seek appropriate calculation. | Remand needed to separate arrearage for D.L.'s brother. | Remanded to calculate D.L.-specific arrearage and plan. |
Key Cases Cited
- Murphy v. Murphy, 608 N.E.2d 1000 (Ind. Ct. App. 1993) (retroactive modification of support not allowed; future modifications only)
- Fairrow v. Fairrow, 559 N.E.2d 597 (Ind. 1990) (genetic testing outside ordinary care; non-paternity relief context)
- In re Paternity of M.M.B., 877 N.E.2d 1239 (Ind. Ct. App. 2007) (relief from paternity vacatur and related support issues)