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STATE EX REL. WERNKE v. CORTEZ

No. 25340.

783 N.W.2d 852 (2010)

2010 SD 47

STATE of South Dakota, ex rel., Carmen E. WERNKE, Plaintiff and Appellee, v. Jorge B. CORTEZ, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Chris McClure, Special Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Richard L. Johnson, Sioux Falls, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Jorge Cortez appeals from a circuit court order requiring him to pay child support to Carmen Wernke for two children, J.A.W. and J.W.C. Cortez attempted to challenge paternity to J.A.W. even though he signed an affidavit in 1999 attesting he was J.A.W.'s father. The circuit court denied Cortez's motion on the basis that the paternity challenge was not timely under SDCL 25-8-59. We affirm.

[¶ 2.] Wernke is the biological...

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