Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cohen v. Nudelman

O.C.G.A. § 19-7-54, which became effective after Nudelman filed his motion and which establishes a statutory procedure for setting aside a paternity determination, did not demand reversal since the trial court based it's ruling on the criteria set forth in Roddenberry v. Roddenberry. 255 Ga. 715 1986, and the statute does not prohibit the trial court from doing so.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Heidi Cohen and Richard Nudelman divorced in January 1992. According to the settlement agreement incorporated into the final divorce decree, the marriage produced two sons, J. N. and S. N., and Nudelman agreed to pay child support for both boys. In July 2001, however, Nudelman moved to set aside the paternity and child support determinations as to J. N. Alleging that J. N. is not his biological child, Nudelman sought relief from any future support obligations, as well as reimbursement for all previous support payments. Following a hearing on August 15, 2003, the trial court granted Nudelman’s motion. The court’s order relieved Nudelman of all future support obligations relating to J. N., directed Cohen to reimburse Nudelman for $55,260 in past support payments, and awarded Nudelman $25,000 in litigation expenses. We granted Cohen’s application for discretionary appeal, and for reasons that follow, we affirm in part, reverse in part, vacate in part, and remand for further proceedings.

1. Citing newly discovered evidence regarding J. N.’s paternity, Nudelman sought to set aside the prior paternity determination through an extraordinary motion for new trial. In resolving such motion, the trial court sits as the trier of fact, and its decision will be upheld absent a manifest abuse of discretion.1 Furthermore, we must accept the trial court’s factual findings if any evidence supports them.2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs