Anthony Massaquoi v. Sydiatou Massaquoi

Rockville, Maryland family law lawyers represented the parties in divorce.



Anthony Massaquoi, and Sydiatou Massaquoi, became romantically involved in 2012, when Ms. Massaquoi was several months pregnant with a daughter, J. When J. was born in November 2012, Mr. Massaquoi signed the birth certificate even though he knew that he was not J.'s biological father. The parties married in 2016, but in November 2020, Mr. Massaquoi filed a Complaint for Absolute Divorce in the Circuit Court for Montgomery County. In his complaint, Mr. Massaquoi alleged that he and Ms. Massaquoi were the parents of eight-year-old J. and three-year-old A. He requested visitation with both children, which the court granted on a pendente lite basis.



On December 27, 2021, the circuit court granted Mr. Massaquoi's request for an absolute divorce. The court further granted Ms. Massaquoi "sole legal and primary physical custody of the parties' minor children," J. and A., and awarded Mr. Massaquoi visitation on alternate weekends. The judgment also ordered Mr. Massaquoi to pay child support for the children and established child support arrearages of $6,174.[1] No appeal was taken from the December 27, 2021 judgment of divorce.



On May 2, 2022, Mr. Massaquoi filed a "Motion to Establish Paternity," alleging that J. was not his biological child.



FAMILY LAW. PATERNITY AND CHILD SUPPORT. The case involves an appeal concerning the denial of a motion to modify child support based on newly discovered evidence of paternity, which was denied on the grounds of res judicata, as the issue of paternity had been adjudicated and finalized in prior court proceedings.



FAMILY LAW. RES JUDICATA. The court addressed the application of the res judicata doctrine, concluding that the appellant could not relitigate the issue of paternity in his petition to modify child support because all three elements of res judicata were satisfied, including the existence of a final judgment in previous litigation.



Key Phrases Absolute divorce. Child support arrearages. Motion to establish paternity. Petition to modify child support. Doctrine of res judicata.

Affirmed