i live in indiana and i am still legally married but we have been separated for almost 6 years..i had a child last year in march(that is not my spouses child) and i went to go file for child support against my childs father and i was told that in order for me to be able to do this i would have to be divorced first since i was still married when she was born bc legally that makes him the father right now even though he isnt biologically my question is is this true or not that i have to be divorced before i can file for child support again my childs father
1 Answer from Attorneys
In Indiana, all children born during the marriage are presumed to be the husband's. Since the state can pursue your husband right now, why would they pursue someone else instead who has not yet been proven to be the father?
This does not keep you from pursuing a paternity action on your own, i.e. without the state's assistance. I would suggest you sit down with an attorney who can talk to you about more of this, including your intentions about getting divorced or maintaining your marriage, and why. I would not put off this conversation; doing that is what has you in this quandary to begin with.