Libro v. Walls

OPINION

Respondent Eleanor Walls made a motion to reduce child support arrearages to judgment. Appellant Joseph Libro countered with evidence he was not the child’s father. The district court determined that non-paternity was no defense to a motion seeking enforcement of a divorce decree.

Joseph and Eleanor married in 1967. Eleanor bore a child in 1976. In 1979, Eleanor filed a complaint for divorce alleging the existence of a child of the marriage and praying for child support. Joseph had no reason to doubt the truth of the allegation. He filed an appearance and waiver consenting to entry of…