## Facts

- Patricia E. Henderson gave birth to Rachel R. Henderson on June 7, 1981.
- In March 1992, Henderson sued Vernon K. Smith to establish paternity and obtain past and future child support; the Idaho Department of Health and Welfare intervened to assist with and recoup the cost of genetic testing.
- Blood samples were collected in March 1993; a paternity evaluation report concluded a 99.96% probability that Smith was the father.
- At an August 1993 bench trial before a magistrate, Smith admitted sexual relations with Henderson during the approximate time of conception; there was no evidence of sterility, and the child was full-term.
- The magistrate found Smith to be the biological father and ordered: (i) past support limited to the six years before filing, (ii) prospective support of $373 per month beginning April 1993, (iii) reimbursement of $240 for blood-test costs, and (iv) health-insurance and uncovered medical-expense allocations.
- The magistrate rejected statute-of-limitations and laches defenses and awarded Henderson attorney’s fees.
- The district court affirmed the magistrate’s judgment; Smith appealed.

## Issues

1. Whether the paternity and child-support action was barred by a statute of limitations.
2. Whether laches barred the action due to delay and alleged prejudice.
3. Whether the Department of Health and Welfare properly intervened as of right.
4. Whether substantial, competent evidence supported the finding of paternity.
5. Whether the magistrate abused discretion by admitting the genetic-testing report.
6. Whether Smith was denied due process in the proceedings.
7. Whether the magistrate abused discretion by imputing income (using average attorney income) to compute child support under the Idaho Child Support Guidelines.
8. Whether the attorney-fee award to Henderson was authorized by statute.

## Decision

- Affirmed the judgment establishing paternity and ordering past and prospective child support.
- Held the action was not time-barred because it was brought while the child was still a minor.
- Held laches did not apply because Smith failed to show prejudice from the delay.
- Held the State’s intervention was proper under Idaho statutes authorizing participation in paternity/support matters and intervention of right under Rule 24(a).
- Held substantial and competent evidence supported paternity, including Smith’s admissions and the genetic-testing probability.
- Held admission of the blood-test report was within the magistrate’s discretion.
- Rejected the due-process claim because Smith had notice, counsel, and an opportunity to contest evidence.
- Upheld the child-support calculation, including imputing income from evidence of average earnings for similarly situated attorneys when reliable proof of actual income was unavailable.
- Reversed the attorney-fee award to Henderson for lack of statutory support; declined to award fees on appeal.

## Legal Principles

- A paternity and support action may be brought during a child’s minority, and such timing defeats a limitations defense premised on the child’s birth date alone.
- Laches requires unreasonable delay and resulting prejudice; delay without concrete prejudice does not bar paternity/support claims.
- The Department of Health and Welfare may intervene as of right in paternity and child-support proceedings when authorized by statute, including to facilitate and recoup testing-related costs.
- Appellate review of a magistrate’s fact-finding is limited to whether substantial and competent evidence supports the findings; appellate courts do not reweigh evidence.
- Genetic-testing reports may be admitted absent an abuse of discretion when an adequate foundation supports reliability and the evidence is probative.
- Child support may be based on imputed income when reliable evidence of actual income is unavailable, including by using average earnings data for similarly situated professionals consistent with the child-support guidelines.
- Attorney’s fees in paternity/support proceedings require an adequate statutory basis; an unsupported fee award must be reversed.

## Conclusion

The Idaho Supreme Court largely affirmed the paternity and child-support judgment, including state intervention, admission of genetic-testing evidence, and income imputation to set support, but reversed the attorney-fee award because no applicable statute supported it.


Henderson v. Smith, 915 P.2d 6 (Idaho 1996)