IN Bar Family Law 3 — Questions and Answers
Question 1: Under Indiana's paternity statutes, a man is presumed to be a child's biological father in which situation?
- He and the child's mother were married and the child was born during the marriage or within 300 days after it ended (Correct answer)
- He paid the hospital bill for the child's birth
- He is named verbally by the mother at the hospital
- He lived with the mother at any time before conception
Correct answer: He and the child's mother were married and the child was born during the marriage or within 300 days after it ended
IC 31-14-7-1 presumes paternity when the man and mother are or were married and the child is born during the marriage or within 300 days after its termination.
Question 2: In Indiana, a paternity affidavit executed at the hospital may generally be rescinded within what period?
- 60 days after execution, absent fraud, duress, or material mistake of fact (Correct answer)
- Six months after execution for any reason
- One year after the child's birth
- It may never be rescinded once signed
Correct answer: 60 days after execution, absent fraud, duress, or material mistake of fact
A properly executed paternity affidavit becomes conclusive after 60 days unless challenged on grounds of fraud, duress, or material mistake of fact.
Question 3: An Indiana custodial parent wants to move to Ohio with the child. What must the parent do under Indiana's relocation statute?
- File a notice of intent to relocate with the court and serve the nonrelocating parent, who may object (Correct answer)
- Nothing, because parents may move freely with their children
- Obtain the other parent's notarized consent before moving
- Petition the Ohio court for permission
Correct answer: File a notice of intent to relocate with the court and serve the nonrelocating parent, who may object
IC 31-17-2.2 requires a relocating parent to file and serve a notice of intent to relocate, after which the nonrelocating parent may object and seek a hearing.
Question 4: At a contested relocation hearing in Indiana, who bears the initial burden of proof?
- The relocating parent must show the move is made in good faith and for a legitimate reason (Correct answer)
- The nonrelocating parent must show the move is in bad faith
- The child's guardian ad litem must recommend the move
- Neither party; the court investigates independently
Correct answer: The relocating parent must show the move is made in good faith and for a legitimate reason
The relocating parent must first prove good faith and a legitimate reason; the burden then shifts to the nonrelocating parent to show relocation is not in the child's best interests.
Question 5: Indiana child support obligations presumptively terminate when the child reaches what age?
- 19, when the child is emancipated by operation of law (Correct answer)
- 18, upon high school graduation
- 21, unless the child is disabled
- 16, if the child is employed full time
Correct answer: 19, when the child is emancipated by operation of law
Since 2012, IC 31-16-6-6 emancipates children for support purposes at age 19, though educational support orders may extend beyond that.
Question 6: Under the Indiana Child Support Guidelines, child support is calculated primarily using which model?
- The income shares model based on both parents' weekly gross income (Correct answer)
- A flat percentage of the obligor's net income
- The Melson formula
- Judicial discretion without a formula
Correct answer: The income shares model based on both parents' weekly gross income
Indiana uses the income shares model, apportioning between the parents the amount they would have spent on the child in an intact household.
Question 7: A parent petitions to modify child support in Indiana less than 12 months after the existing order. What must the parent show?
- A substantial and continuing change in circumstances making the current order unreasonable (Correct answer)
- That the guideline amount would differ by at least 20% from the current order
- Nothing; support may be modified at any time on request
- That the other parent consented in writing to modification
Correct answer: A substantial and continuing change in circumstances making the current order unreasonable
Within 12 months of the order, modification requires changed circumstances so substantial and continuing as to make the terms unreasonable; the 20%-difference route applies only after 12 months.
IN Bar Family Law 3
Under Indiana's paternity statutes, a man is presumed to be a child's biological father in which situation?