Stewart v. Stewart

On April 23, 1980, the defendant (appellant) filed what we determine to be an independent action under rule 60 (b), ARCP, to be relieved from the payment of child support because of an alleged fraud upon the court. Since it was filed more than four months after the judgment, it cannot be construed to be a rule 60 (b)(3) motion. Brown v. Kingsbury Mortgage Co., Ala., 349 So.2d 564 (1977).

Defendant avers that the plaintiff claimed to the court that defendant was the father of plaintiff's child and that she has acknowledged to others that defendant is not the father of the child. An affidavit of…