State ex rel. Adult & Family Services Division v. Kitchens

In each of three filiation actions, ORS 109.124 et seq, to establish paternity, obtain future child support and recover unpaid past support, Adult and Family Services Division (AFSD) appeals a summary judgment for respondent, the alleged father. The judgment dismissed the petition and barred AFSD from bringing the action.1 In each case, AFSD assigns as error that the court granted respondent’s motion for summary judgment. We reverse.

In each action, the affidavits that the parties submitted on the motions for summary judgment are substantially similar. Each mother gave birth to a child out of…