Louisiana v. Lowrie

In December of 2002 Thomas Lowrie married Melissa Lowrie, who gave birth to two children during the marriage: A.L., born February 2003; and B.W., born May 2009. In October of 2010 the Lowries were divorced. Although the children were born during the marriage, Mr. Lowrie, believing that Stephen Wetzel was the biological father of the children, sought to disavow paternity of the children. Mr. Lowrie successfully disavowed paternity of the younger child, B.W., in January of 2011; however, his action to disavow the older child, A.L., was found to be untimely. Therefore, Mr. Lowrie remained the legal father of A.L. In September of 2012, the State Department of Children and Family Services (“DCFS”) filed an action against Mr. Lowrie, seeking medical and child support for A.L. DCFS alleged that it was providing services for A.L., which created a cause of action in favor of the State pursuant to the State's child support enforcement law. The issue this case presented for the Supreme Court's review centered on whether an alleged biological father should have been joined in a child support enforcement action, filed pursuant to LSA-R.S. 46:236.1.1 et seq. against the legally-presumed father. The juvenile court denied joinder, and the appellate court denied writs. Concluding that a biological father owes an obligation of support to his child, the Supreme Court reversed and remanded for further proceedings. View "Louisiana v. Lowrie" on Justia Law