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Cleo A.E. v. Rickie Gene E.

Supreme Court of Appeals of West Virginia
438 S.E.2d 886 (1993)


Facts

After a hearing, a trial court granted Cleo A. E.’s (plaintiff) petition for divorce from her husband, Rickie Gene E. (defendant), and awarded custody of their two children, Sheila and Amber Dawn, to Cleo. Several months later, Cleo and Rickie entered into a written agreement whereby Rickie agreed to pay $250 per month in child support. Rickie left the state and was subsequently found by the West Virginia Department of Health and Human Resources Child Advocate Office (CAO) to be residing in Florida. The CAO filed a petition under the Uniform Reciprocal Enforcement of Support Act against Rickie and on behalf of Sheila to collect the past-due amount. At a hearing held in Florida, Rickie claimed that he was not Amber Dawn’s natural father and requested blood testing to determine paternity. A Florida court adjudged Rickie to be Amber Dawn’s lawful father and ordered Rickie to pay child support. A West Virginia trial court amended the final order of divorce and attached a stipulation by both Cleo and Rickie that Rickie was not the natural father of Amber Dawn. The trial court did not provide any reasoning for its decision. The CAO appealed.

Rule of Law

Issue

Holding and Reasoning (Workman, C.J.)

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