GUILFORD COUNTY by and
through its CHILD SUPPORT
ENFORCEMENT OFFICE, ex rel.
CANDICE N. RAY,
Plaintiff-Appellant,
v. Guilford County
No. 03 CVD 005697
JOHNNIE O. WILLIAMS, JR.,
Defendant-Appellee.
Guilford County Attorney's Office, by Deputy County Attorney
Angela F. Liverman, for plaintiff-appellant.
No brief filed by defendant-appellee.
TIMMONS-GOODSON, Judge.
On or about 3 August 2001, plaintiff Candice N. Ray, mother of
a minor child born 1 August 2001, and defendant Johnnie O.
Williams, Jr. executed an Affidavit of Parentage acknowledging
defendant to be the natural father of the minor child and
establishing paternity for the child. An order to show cause for
child support was issued and the case was scheduled for hearing on
25 April 2003. At the hearing, defendant claimed plaintiff told
him he was not the father of the minor child and asked for a
paternity test. Defendant did not move to rescind the Affidavit ofParentage nor set aside the finding of paternity. By order entered
29 May 2003, the trial court ordered paternity tests and set
temporary support in the amount of $227 per month and $20 per month
toward past public assistance arrears. This Court subsequently
issued its writ of certiorari to review the trial court's 29 May
2003 order.
Well-settled case law in this state conclusively bars a party
from obtaining paternity testing as long as there is a prior
acknowledgment of paternity or judgment establishing paternity
still in effect. See State of N.C. ex rel. Bright v. Flaskrud, 148
N.C. App. 710, 559 S.E.2d 286 (2002); Abrose v. Ambrose, 140 N.C.
App. 545, 536 S.E.2d 855 (2000); State ex rel. Hill v. Manning, 110
N.C. App. 770, 431 S.E.2d 207 (1993). Here, there is no order
setting aside the judgment of paternity. Accordingly, res judicata
bars paternity testing at this juncture. The order of the trial
court is, therefore, reversed.
Reversed.
Judges CALABRIA and LEVINSON concur.
Report per Rule 30(e).
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