Thompson v. Thompson

WRIGHT, Presiding Judge.

This is a petition for writ of mandamus directed to the Honorable John D. Jolly of the Circuit Court of Franklin County. Linda Thompson Jackson seeks dismissal of a petition to modify a provision in a judgment of divorce ordering child support. The petition seeks modification, alleging that the husband is not the father of the child. The basis of the wife’s motion to dismiss is that the issue of paternity is res judicata. We grant the writ of mandamus.

Linda Thompson Jackson (wife) and Charles Thompson (husband) were divorced in 1974 after twelve years of marriage. One…