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Banks v. Hopson

The mother was not entitled to a jury trial on her child support claim in a consolidated paternity/legitimation proceeding, even though the father admitted paternity, since O.C.G.A. § 19-7-40 a prohibits jury trials in paternity actions.

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Following a non-jury trial, the trial court granted the mother’s petition to determine paternity and the father’s petition for legitimation and ordered the father to pay monthly child support. The issue in this appeal is whether a party in a consolidated paternity and legitimation action is entitled to a jury trial on child support. Relying on the language and purpose of the paternity statute, we hold that a claim for child support that is part of a petition to establish paternity falls within the statutory prohibition in OCGA § 19-7-40 a against jury trials when a paternity case is consolidated with a legitimation case. Because the trial court properly ruled that the mother was not entitled to a jury trial on her child support claim in this consolidated action, we affirm.

Victoria Banks filed a complaint against Joseph Hopson, a former boyfriend, for determination of paternity and the award of child support.1 In his answer, Hopson admitted that he was named as the biological father on the child’s birth certificate and that he was paying $750 per month in child support. Eight months later, Hopson filed a complaint for legitimation and Banks filed a counterclaim for child support, demanding a trial by jury under OCGA § 19-7-22 f. The trial court combined the two actions for trial based on the consent of the parties, which the Civil Practice Act requires for consolidation under Georgia law.2 The day before the specially set bench trial, Banks filed another demand for a jury trial on the issues of child support and visitation. The trial court denied the request on the grounds that there is no right to a jury trial in a paternity action.

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