Editor's note: This section was contained in an article that was repealed and reenacted in 1993. Provisions of this section, as it existed in 1993, are similar to those contained in 14-5-128 as said section existed in 1992, the year prior to the repeal and reenactment of this article.

Annotator's note: Since § 14-5-315 is similar to § 14-5-128 as it existed prior to the 1993 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

Determination of paternity in divorce or annulment action. The parentage of a child is not an issue necessarily decided in a divorce or annulment action. However, where, as a part of a divorce action, the court hears evidence, makes a child support order, and by necessary implication has determined the paternity of the child, this determination is res judicata at least between the spouses. McNeece v. McNeece, 39 Colo. App. 160, 562 P.2d 767 (1977).

Applicability of doctrine of res judicata. Failure to raise the defense of nonpaternity during dissolution proceedings bars a presumed father from collaterally attacking the determination of paternity implicitly supporting award of child support incident to such dissolution proceedings brought under URESA. State ex. rel. Daniels v. Daniels, 817 P.2d 632 (Colo. App. 1991).