Lerman v. Lerman

Plaintiff appeals from the grant of defendant’s motion allowing him to undergo genetic testing to determine paternity. We reverse.

The parties were married May 8, 1971; they were divorced on April 29, 1976. The trial court found that “the parties have one minor child,” born March 18, 1974. Custody “of the minor child of the parties” was awarded to plaintiff; defendant was ordered to pay child support. No issue concerning paternity was raised during the divorce proceeding; no appeal from the divorce action contesting paternity was taken.

After a period of nonpayment between 1981-1986, the…