State of Tennessee, ex rel. Lelsa L. Parks v. Dennis Parks

This is an attempt to set aside a child support order. The child in question was born in February 2001. The mother of the child and the respondent signed a voluntary acknowledgment of paternity, certifying that respondent was the child’s biological father. The respondent’s sister obtained primary custody of the child and began to collect State benefits for the child. In September 2003, the State, on behalf of the sister, filed a petition against the respondent to set child support payments. An order was entered, setting current and back child support payments. Subsequently, the State filed a petition for contempt against the respondent for failing to make the child support payments required under the order. The respondent appeared at the contempt hearing and signed an order acknowledging being in contempt and agreeing to make support payments as provided. A week later, the respondent filed a petition to set aside the original support order, asserting that he was not served with process and that he is not the biological father of the child. The trial court permitted the respondent to undergo DNA testing, which showed that he was not the father of the child. On that basis, the trial court dismissed the case against the respondent. The State now appeals. We affirm in part and reverse in part, concluding that the respondent is not entitled to retroactive relief from the support order, but that he is entitled to prospective relief because he submitted sufficient evidence on which to rescind his voluntary acknowledgment of paternity.