ASHLEY PURDY v. MATTHEW C. SMITH - Articles

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Posted by: Tanja Trezise on May 27, 2014

Court: TN Court of Appeals

Attorneys 1:

Matthew C. Smith, Gatlinburg, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter and Warren Jasper, Senior Counsel, for the appellee, State of Tennessee ex rel. Ashley Purdy.

Judge(s): BENNETT

This case involves the difficult issue of disestablishment of paternity and its effect on child support arrears. Over a year after the trial court entered an order requiring the respondent to pay child support, he requested Rule 60 relief on the grounds that he was not the biological father of the child. Based upon the statutory prohibition against the retroactive modification of child support and the related caselaw, we must affirm the trial court’s decision denying the respondent Rule 60 relief for any time period prior to the filing of his petition.

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