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STATE EX REL. HUMAN SERVICES DEPT. v. RAWLS

No. 30,989.

279 P.3d 766 (2012)

2012-NMCA-052

STATE of New Mexico ex rel. HUMAN SERVICES DEPARTMENT, Petitioner-Appellee, v. Joseph W. RAWLS, Respondent-Appellant, and Diana De Alba-Garcia, Respondent.

Court of Appeals of New Mexico.

April 6, 2012.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Anthony C. Porter , Special Assistant Attorney General, Las Cruces, NM, for Appellee.

Jones, Snead, Wertheim & Wentworth, P.A., Roxie P. De Santiago , Santa Fe, NM, for Appellant.

OPINION

SUTIN, Judge.

{1} Joseph W. Rawls agreed to a judgment of paternity and to payment of child support. Later, through paternity testing, it was determined that he was not the child's biological father. Based on Rule 1-060(B) NMRA, Rawls sought in the district court to have accrued and continuing child support abated on that ground and on the ground that he never had any relationship with the child. The child had been cared for by the child...

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