Fact Admitted In Pleadings Need Not Be Proven


Machado v. Machado, [Ms. 2190068 and 2190069, Oct. 16, 2020], ___ So. 3d ___ (Ala. Civ. App. 2020). The court (Moore, J.; Thompson, P.J., and Donaldson, Edwards, and Hanson, JJ., concur) reverses the Madison Circuit Court’s judgment dismissing the former wife’s motion to modify child support. When the mother rested her case, the father moved to dismiss the child-support modification action. Ms. *8. The court holds “[t]he father alleged in his modification petition that the mother had been awarded sole physical custody of the child in the divorce judgment. The mother admitted that allegation in her answer to the petition, thereby dispensing with any need for the mother to present evidence on that undisputed point. See, e.g., City of Dothan v. Eighty-Four West, Inc., 738 So. 2d 903, 904 n.1 (Ala. Civ. App. 1999) (‘A fact admitted in the pleadings need not be proven by another party.’).” Ms. *9.

Related Documents

Share To: