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WALTER v. GUNTER

No. 41, Sept.Term, 2001.

788 A.2d 609 (2002)

367 Md. 386

Nicholas Todd WALTER v. Michele GUNTER.

Court of Appeals of Maryland.

January 9, 2002.

Attorney(s) appearing for the Case

Julia Doyle Bernhardt, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Joseph B. Spillman, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

BATTAGLIA, Judge.

The decisional issue in this case is whether the appellant, Nicholas Todd Walter, remains liable for child support arrearages when the paternity judgment, from which the child support order emanates, was vacated. We hold that the putative father cannot be legally obligated for child support arrearages that result from a now-vacated paternity judgment. The trial court is without discretion in this matter because, as a matter of law, the inherently...

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