Gearing v. Gearing

Supreme Court of Georgia

Gearing v. Gearing

403 S.E.2d 809, 261 Ga. 250

CourtSupreme Court of Georgia

DecidedMay 10, 1991

DocketS91A0641

StatusPublished

Cited by3 cases

This text of 403 S.E.2d 809 (Gearing v. Gearing) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gearing v. Gearing, 403 S.E.2d 809, 261 Ga. 250 (Ga. 1991).

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Opinion

Hunt, Justice.

The parties were divorced in 1982. The former husband contested paternity, but did not appeal the judgment requiring him to pay support for the minor child. In 1990, the former husband filed a motion to determine paternity, and to suspend his child support obligation. Based on the results of a Human Leukocyte Antigen (HLA) blood-typing test, the trial court found the former husband was not the child’s father, and relieved him from his support obligation.

Once there has been a final determination of paternity, a party may not relitigate that issue without first showing, inter alia, that his failure to contest paternity earlier was not the result of a lack of due diligence. Roddenberry v. Roddenberry, 255 Ga. 715, 717 (342 SE2d 464) (1986). The trial court made no findings in this regard and, accordingly, this case is remanded to the trial court for a consideration of the former husband’s due diligence in accordance with our holding in Roddenberry v. Roddenberry, supra.

Judgment vacated and case remanded.

All the Justices concur.

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Hunt, Justice.

The parties were divorced in 1982. The former husband contested paternity, but did not appeal the judgment requiring him to pay support for the minor child. In 1990, the former husband filed a motion to determine paternity, and to suspend his child support obligation. Based on the results of a Human Leukocyte Antigen (HLA) blood-typing test, the trial court found the former husband was not the child’s father, and relieved him from his support obligation.

Once there has been a final determination of paternity, a party may not relitigate that issue without first showing, inter alia, that his failure to contest paternity earlier was not the result of a lack of due diligence. Roddenberry v. Roddenberry, 255 Ga. 715, 717 (342 SE2d 464) (1986). The trial court made no findings in this regard and, accordingly, this case is remanded to the trial court for a consideration of the former husband’s due diligence in accordance with our holding in Roddenberry v. Roddenberry, supra.

Judgment vacated and case remanded.

All the Justices concur.

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Bluebook (online)

403 S.E.2d 809, 261 Ga. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gearing-v-gearing-ga-1991.

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