Leach v. Alford

WHICHARD, Judge.

I

The issue is whether, as a matter of law, the G.S. 110-132(b) (Cum. Supp. 1981) provision that in a child support proceeding thereunder “[t]he prior judgment as to paternity shall be res judicata as to that issue and shall not be reconsidered by the court,” establishes an absolute bar to relief pursuant to G.S. 1A-1, Rule 60(b)(6), from an acknowlegment of paternity which, by virtue of G.S. 110-132(a), has the force and effect of a judgment.

We hold that it does not.

II

On 13 December 1978 plaintiff Priscilla Leach (hereafter plaintiff) executed a sworn affirmation of paternity…