Commonwealth, Cabinet for Health & Family Services ex rel. Child Support Enforcement v. B.N.T.
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The Supreme Court reversed the order of the family court denying the motion of the Commonwealth, Cabinet for Health and Family Services, ex rel. Child Support Enforcement's (Cabinet) to set aside an agreed judgment regarding the paternity of a child born out of wedlock, holding that the underlying judgment was void for lack of subject matter jurisdiction.
The Cabinet brought this action to set aside the agreed judgment in this case, arguing that the judgment was void and entered due to fraud and should be side aside under Ky. R. Civ. P. (CR) 60.02. The family court denied the motion as untimely, and the court of appeals affirmed. The Supreme Court reversed, holding (1) the family court acted outside its statutory authority in adjudicating non-paternity without a corollary determination of paternity as to an identified father; and (2) because the judgment was void, rule 60.02(e) mandated that the judgment be set aside.
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