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STATE EX REL. DIV. OF HEALTH AND HUMAN RESOURCES ADMIN. v. JOHNSON

No. 19860-CA.

530 So.2d 1234 (1988)

STATE of Louisiana through the LOUISIANA DIVISION OF HEALTH AND HUMAN RESOURCES ADMINISTRATION, Plaintiff-Appellee, v. Levern JOHNSON, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 1, 1988.

Attorney(s) appearing for the Case

Paul Henry Kidd, Jr., Monroe, for defendant-appellant.

William R. Coenen, Jr., Dist. Atty., James W. Berry, Asst. Dist. Atty., Rayville, for plaintiff-appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

In this paternity and support action, the defendant appeals a default judgment that decreed him to be the father of the child, ordered him to pay $200 monthly support and invoked against him the automatic wage assignment provision of LRS 46:236.3 in the event he became delinquent in his obligation.

The default judgment exceeds the demands of the petition contrary to CCP Art. 1703 and shall be amended to conform to the relief sought in the petition...

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