Guilford County o/b/o Ray v Williams
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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. NO. COA03-1232 NORTH CAROLINA COURT OF APPEALS Filed: 5 October 2004 GUILFORD COUNTY by and through its CHILD SUPPORT ENFORCEMENT OFFICE, ex rel. CANDICE N. RAY, Plaintiff-Appellant, v. Guilford County No. 03 CVD 005697 JOHNNIE O. WILLIAMS, JR., Defendant-Appellee. On writ of certiorari to review order entered 29 May 2003 by Judge Harold Thomas Jarrell, Jr., in Guilford County District Court. Heard in the Court of Appeals 23 August 2004. Guilford County Attorney s Office, by Deputy County Attorney Angela F. Liverman, for plaintiff-appellant. No brief filed by defendant-appellee. TIMMONS-GOODSON, Judge. On or about 3 August 2001, plaintiff Candice N. Ray, mother of a minor child born 1 August 2001, and defendant Johnnie O. Williams, Jr. executed an Affidavit of Parentage acknowledging defendant to be the natural father establishing paternity for the child. of the minor child and An order to show cause for child support was issued and the case was scheduled for hearing on 25 April 2003. At the hearing, defendant claimed plaintiff told -2him he was not the father of the minor child and asked for a paternity test. Defendant did not move to rescind the Affidavit of Parentage nor set aside the finding of paternity. By order entered 29 May 2003, the trial court ordered paternity tests and set temporary support in the amount of $227 per month and $20 per month toward past public assistance arrears. This Court subsequently issued its writ of certiorari to review the trial court s 29 May 2003 order. Well-settled case law in this state conclusively bars a party from obtaining paternity testing as long as there is a prior acknowledgment of paternity or judgment establishing paternity still in effect. See State of N.C. ex rel. Bright v. Flaskrud, 148 N.C. App. 710, 559 S.E.2d 286 (2002); Abrose v. Ambrose, 140 N.C. App. 545, 536 S.E.2d 855 (2000); State ex rel. Hill v. Manning, 110 N.C. App. 770, 431 S.E.2d 207 (1993). Here, there is no order setting aside the judgment of paternity. Accordingly, res judicata bars paternity testing at this juncture. court is, therefore, reversed. Reversed. Judges CALABRIA and LEVINSON concur. Report per Rule 30(e). The order of the trial
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