E v. E

Two issues are presented on this appeal.

1. Was the question of the child’s paternity res ju-dicata because the defendant failed to challenge it at the original divorce proceeding; and

2. Assuming the question of paternity was not res judicata, should the defendant be estopped from denying that he is the natural father of the child ?

This court is faced with the unique situation of a person initially claiming in court and under oath that a child is his, and then some eight months later challenging this child’s legitimacy when he decides that it is no longer to his advantage to pay the child’s…