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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE
Submitted on Briefs, November 8, 2010 STATE OF TENNESSEE, ex rel. ALEXANDRIA PRICE, v. CHRISTOPHER CHILDERS
Appeal from the Juvenile Court for Hamilton County No. 38241 Hon. Suzanne Bailey, Judge

No. E2011-00457-COA-R3-JV-FILED-JANUARY 5, 2012

The State brought this action against the defendant to establish paternity and require support for the dependent child. A default judgment was taken against defendant, which determined that he was the father of the child and he was ordered to pay child support, and it was ordered that the child support be withheld from his paycheck. During these proceedings the defendant was a member of the United States military, and he subsequently filed a pro se motion for DNA testing. The DNA test established that he was not the biological father of the child, and the support withheld from his paycheck was ordered reimbursed to defendant. The State appealed, and we hold that the Juvenile Court did not have subject matter jurisdiction to require the State to reimburse defendant for the child support withheld from his paycheck.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Juvenile Court Reversed.

H ERSCHEL P ICKENS F RANKS, P.J., delivered the opinion of the Court, in which C HARLES D. S USANO, J R., J., and J OHN W. M CC LARTY, J., joined.

Robert E. Cooper, Jr., Attorney General and Reporter, and Marcie E. Greene, Assistant Attorney General, Nashville, Tennessee, for the appellant, State of Tennessee.

OPINION Background This appeal was filed by the Tennessee Attorney General and Reporter on behalf of Alexandria Price, pursuant to Tenn. R. Civ. P. 27(b). The State is providing child support enforcement services to Alexandria Price, pursuant to Title IV-D of the Social Security Act, 42 U.S.C. Sections 651, et seq. and Tenn. Code Ann.

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