AN ACT ESTABLISHING A PROCESS TO SET ASIDE AN ORDER OF PATERNITY OR AN AFFIDAVIT OF PARENTAGE UNDER LIMITED CIRCUMSTANCES, AND TO ALLOW RELIEF FROM A CHILD SUPPORT ORDER WHEN THE OBLIGOR IS NOT THE CHILD'S FATHER. Summarized in Daily Bulletin 3/3/11, 6/7/11, and 6/15/11. Enacted June 27, 2011. Effective January 1, 2012.
Summary date: Jun 30 2011 - View summary
Summary date: Jun 15 2011 - View summary
House committee substitute makes the following changes to 2nd edition. Amends proposed GS 49-14(h) to remove language stating that child support responsibilities may not be suspended while a motion to set aside paternity is pending. Removes authority of the court to terminate all future child support obligations of the putative father with regard to the minor child whose parentage is at issue in cases where genetic testing shows the putative father is not the biological father and an order of paternity was entered into as a result of fraud, duress, mutual mistake, or excusable neglect. Deletes certain provisions regarding the court’s determination of whether the order of paternity should be set aside, and deletes provisions regarding child support payments. Makes similar changes to proposed GS 110-132(a2).
Enacts new GS 50-13.13 providing a process in which an individual, as the father of a child, who is required to pay child support under a court order or under an agreement between the parties, may file a motion or claim seeking relief from a child support order. Provides details concerning: (1) the filing of the motion or claim for relief, (2) appointment of a guardian ad litem to represent the interest of the child in connection with a proceeding under the statute, (3) procedure and circumstances when a court may order genetic testing, (4) instances when a child support order may be suspended while the motion or claim is pending, (5) requirements the court must follow concerning the motion or claim for relief, and (6) rights under the act regarding service members deployed on military orders. Allows filing of motions and claims before January 1, 2013, as detailed.
Makes conforming change to title. Effective January 1, 2012 (was, October 1, 2011) and applies to motions or claims for relief filed on or after that date.
Summary date: Jun 7 2011 - View summary
Senate amendment makes the following changes to 1st edition. Amends proposed GS 49-14(h) to include additional language providing that, when determining whether the order of paternity should be set aside, the court may consider the best interests of the child. Makes similar change to proposed GS 110-132(a1).
Summary date: Mar 3 2011 - View summary
Enacts new subsection (h) to GS 49-14 to allow an order of paternity to be set aside by a trial court if (1) the paternity order was entered as a result of fraud, duress, mutual mistake, or excusable neglect and (2) genetic tests establish the putative father is not the biological father of the child. Places the burden of proof to set aside a paternity order on the moving party. Specifies that child support responsibilities may not be suspended while the motion is pending, without good cause. Directs the court to order genetic testing of the child’s mother, the child, and the putative father, upon a proper motion alleging fraud, duress, mutual mistake, or excusable neglect. Allows the court to set aside the paternity order if both requirements are met (fraud and genetic test determination) and to terminate all future child support obligations with regard to the child whose parentage is at issue. Provides that all vested child support arrears remain due and owing. Imposes no reimbursement obligation for any past child support paid. Clarifies that the proposed subsection will not affect the presumption of legitimacy when a child is born to a mother and the putative father during marriage. Makes conforming changes to GS 110-132 to allow an affidavit of parentage to be set aside by a trial court after 60 days have elapsed if both requirements are met. Makes additional conforming changes to each section heading.
Applies to motions to set aside paternity or motions to set aside affidavits of parentage on or after October 1, 2011.