Hughes v. Hutt

OPINION OF THE COURT

ROBERTS, Chief Justice.

At issue on this appeal is whether, in an action to determine paternity and support obligations, an alleged father may raise as a valid defense or counterclaim an allegation that the mother deceived him into believing that she was practicing birth control when, in fact, she was not.

Appellee Orlanda Hughes gave birth to twins on August 1, 1978, and filed a complaint for support against appellant Carl K. Hutt on December 7,1978. 1 Appellant denied paternity and demanded a jury trial. He also filed a “counterclaim,” alleging that appellee had ceased…