Duvall v. Baker

Nichols, Chief Justice.

The former wife filed a citation for contempt against the former husband for nonpayment of child support allegedly due pursuant to their final judgment and decree of divorce. He answered and filed a counterclaim denying parentage and alleging that he voluntarily had agreed to support the children based upon her fraudulent representations that the children, who were born during their marriage, were his. Based upon Word v. Word, 236 Ga. 100 (222 SE2d 382) (1976) and Culpepper v. Brewer, 242 Ga. 210, 211 (248 SE2d 619) (1978), the trial court held that the counterclaim…