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Collier v. State Ex Rel. Kirk
Citation: 454 So. 2d 1020Docket: Civ. 4087
Court: Court of Civil Appeals of Alabama; July 11, 1984; Alabama; State Appellate Court
James Hamilton Collier and Martha Collier Kirk were married on September 25, 1974, and separated shortly after on October 24, 1974. They had a son, Steve DeShawn Collier, born on May 12, 1975. The couple divorced on November 29, 1977, with Mr. Collier denying paternity and requesting a blood test to prove he was not the father. They reached an agreement granting Ms. Kirk sole custody of the child, with no visitation rights for Mr. Collier. At a subsequent hearing, Mr. Collier claimed minimal acquaintance with Ms. Kirk prior to their marriage and limited sexual relations. Ms. Kirk testified to having sexual relations before their marriage and indicated she was receiving public assistance for her three other children, with $44.25 per month designated for Steve's support. On August 1, 1983, the state of Alabama filed a child support petition against Mr. Collier on behalf of Ms. Kirk. His motion to dismiss was denied, and he was ordered to pay $44.25 per month starting November 1, 1983. His requests for a blood test to establish paternity were repeatedly denied. Following a motion to set aside the support decree based on his claim of non-paternity, the trial court also denied this motion. Mr. Collier appealed, asserting reversible error in the court's denial of the blood test. The appellate court found precedent in Stewart v. Stewart, concluding that the trial court's decision was correct and did not constitute reversible error. The court addressed the husband's claim of non-paternity regarding the wife's unborn child, noting a lack of specific Alabama case law but referencing a consensus from other jurisdictions that similar language in divorce judgments establishes paternity. This finding binds the parties in future proceedings. The legitimacy of the child is considered res judicata because the divorce complaint and decree recognized the child as part of the marriage, with custody awarded to the mother. The agreement stipulating her custody reinforces that paternity is conclusively settled for the parties involved. Consequently, the trial court's judgment is affirmed.