Department of Human Services v. Chisum

OPINION

ADAMS, Judge:

¶ 1 The Oklahoma Department of Human Services (DHS) appeals from an order granting Billy Jo Chisum’s motion to vacate a support order that was based upon his execution of an affidavit of paternity. The trial judge concluded Chisum established a material mistake of fact under 10 O.S.Supp.1999 § 70. We reject DHS’ arguments that § 70 may not be applied under the circumstances of this case and affirm the trial court’s order.

¶ 2 The child, A, was born out of wedlock on June 7, 1999, and Chisum signed a voluntary acknowledgement of paternity that same day. Chisum stated under…