Walter v. Gunter

BATTAGLIA, Judge.

The decisional issue in this case is whether the appellant, Nicholas Todd Walter, remains liable for child support arrearages when the paternity judgment, from which the child support order emanates, was vacated. We hold that the putative father cannot be legally obligated for child support arrearages that result from a now-vacated paternity judgment. The trial court is without discretion in this matter because, as a matter of law, the inherently dependent child support orders are invalid upon the vacatur of the paternity declaration.

I. Background

On August 13, 1993, the…