Fairrow v. Fairrow

SHEPARD, Chief Justice.

Joe B. Fairrow petitioned under Ind. Trial Rule 60(B)(8) for termination of a child support order after Joe discovered conclusive medical evidence that he could not be the child's father. We hold that the trial court should have granted him relief.

The divorce of Joe B. Fairrow from Mary E. Fairrow became final on February 7, 1975. The dissolution decree identified Joseph D. Fairrow, born June 7, 1974, as a child of the marriage and ordered Joe to pay child support. Joe testified that he had no reason to question Joseph's paternity at the time of the divorce.

At birth,…