My ex-girlfriend is claiming that I am the father of her child. While she was pregnant, she told everyone I was NOT the father and that this black man was. When the baby was born, she had this black man sign the birth certificate, named the baby after him, and he visits with the child on a regular basis, even though he had a paternity test and it's not his. She is now saying that I am the father because the baby is white, not mixed. She says she is taking me to court and is going to make me pay back support for this child. She also had 1 other man tested, who happens to be her ex-husband. I know she can take me to court and establish paternity if she wants, but I really don't think this child is mine. But if for some weird chance it is, can she sue me for all of that money even though another man is still on the birth certificate and visits with the child? I also got married 4 months before this baby was born, thinking there was no way this was my child, because she said I wasn't, and now my new, wonderful wife has been going through hell from this woman. She blames everything all on my wife. I don't want my wife going through this anymore. Help!
In Indiana you are the legal father of a child if you sign a paternity affidavit. I assume that is what you meant when you said another man signed the birth certificate. He can be forced to pay child support no matter what the dna test results say. That being said if the mother is trying to overturn the paternity affidavit and there is a pending court action you may be compelled to submit to a dna test. Only do so if you are ordered to do so by the court. If the court determines you are the father you will be responsible for paying child support. Under Indiana law child support in paternity actions can be retroactive to date of birth. As a practical matter courts generally only make child support retroactive back to the date the petition was filed. It is more likely to be retroactive to date of birth the younger the child is.