Wallis v. Smith
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
| Wallis v. Smith | |
| Court | New Mexico Court of Appeals |
|---|---|
| Citation | 22 P.3d 682, 130 N.M. 214 |
| Date decided | April 19, 2001 |
Facts
- Wallis = man in a consensual intimate relationship
- Smith = woman who gave birth to Wallis's child
- Smith had told Wallis that she would take birth-control pills
- Under New Mexico law, Wallis was required to pay child support until his daughter turned 18
Procedural History
- Wallis sued Smith in a New Mexico state court for
- fraud &
- breach of contract
- Wallis asked the court for damages
- Wallis lost in the trial court
Issues
May 1 parent maintain a cause of action against the other for
- breach of contract or
- contra-ceptive fraud
Arguments
The man argued that the woman misled him about using birth control.
Holding
No; as a matter of public policy, 1 parent can't maintain a cause of action against the other for breach of contract or contraceptive fraud to recover money reimbursement for child-support payments.
Judgment
Affirmed
Reasons
Judge Bosson: Placing the financial support from both parents means less need for support from the state.
Resources
