Wednesday, January 21, 2009
Case Law Development: False Statements in Divorce regarding Paternity Do not Equal Extrinsic Fraud on the Court
The Missouri Court of Appeals affirmed a trial court's dismissal of an action claiming extrinsic paternity fraud regarding children alleged in a 2005 divorce judgment to be born of the marriage. However, the court found that the dismissal could not properly be based on the doctrines of res judicata and collateral estoppel.
The court reasoned that extrinsic fraud may be a basis for reopening a judgment, but went on to note that the ex-husband's claim here — Wife's false averments in a divorce petition and her sworn testimony in court regarding his paternity of their two children — was intrinsic fraud only.
Walker v. Walker, Mo. Ct. App., WD69198, (January 13, 2009)
opinion online (last visited January 21, 2009)