Smith v. Simmons

Parks, J.:

This is an appeal from an order setting aside a judgment of paternity and order of child support previously entered against defendant.

In January 1973, Donna Jean Smith gave birth to Justin Wade Smith out of wedlock. Three years later Ms. Smith applied for and received Aid to Dependent Children (ADC) payments. At the same time she signed an assignment of support rights to the State Department of Social and Rehabilitation Services (SRS) pursuant to K.S.A. 1978 Supp. 39-709(b) and also signed a form acknowledging her responsibility to cooperate in establishing the paternity of her…