STATE EX REL. WERNKE v. Cortez

MEIERHENRY, Justice.

[¶ 1.] Jorge Cortez appeals from a circuit court order requiring him to pay child support to Carmen Wernke for two children, J.A.W. and J.W.C. Cortez attempted to challenge paternity to J.A.W. even though he signed an affidavit in 1999 attesting he was J.A.W.’s father. The circuit court denied Cortez’s motion on the basis that the paternity challenge was not timely under SDCL 25-8-59. We affirm.

[¶ 2.] Wernke is the biological mother of both children. Cortez is J.W.C.’s biological father but not JAW.’s biological father. Even though Cortez knew he was not JAW.’s biological…