Tate

I.

INTRODUCTION

In 1991, the trial court entered an order directing Hari L. Wilburn to pay Cathy A. Tate $226 per month in child support for their child, A.B. After not having paid any of the ordered support nor having sought to set aside the order, in February 2008—more than 16 years later—Wilburn moved to set aside the order on the ground that the trial court had not made a finding that he was A.B.’s father prior to entering the 1991 child support order. The trial court denied the motion. In October 2008, Wilburn filed a renewed motion pursuant to Code of Civil Procedure section 1008, subdivision (b) to set aside the 1991 child support order. In his renewed motion, Wilburn claimed that recent genetic testing demonstrated that he is not A.B.’s father, and that the test results constituted new evidence pursuant to section 1008, subdivision (b). The trial court denied the renewed motion.

Wilburn appeals from the trial court’s order denying his renewed motion. On appeal, Wilburn argues that the trial court erred in failing to set aside the 1991 child support order because he was never properly served with Tate’s underlying order to show cause, the record contains no…