RELIEF FROM INCORRECT PATERNITY DETERMINATION.

View NCGA Bill Details2011-2012 Session
House Bill 55 (Public) Filed Tuesday, February 8, 2011
TO ALLOW RELIEF FROM A CHILD SUPPORT ORDER WHEN THE OBLIGOR IS NOT THE CHILD'S FATHER.
Intro. by Stevens, Cleveland.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (May 21 2012)
H 55

Bill Summaries:

  • Summary date: Mar 1 2011 - More information

    House amendment makes the following changes to 2nd edition, as amended.
    Provides that the provisions of proposed GS 50-13.13 apply to a motion or claim (was, applied to a motion). Amends proposed GS 50-13.13 to also include among those individuals who may file a motion or claim for relief from a child support order as provided in this statute, the father of a child who is required to pay child support under an agreement between the parties under GS 52-10.1 or otherwise, that is subject to modification by a North Carolina court. Directs that a motion or claim for relief under the proposed statute may also be filed as an independent civil action (was, only filed as a motion in the cause in the pending child support action).
    Makes conforming changes specifying that the act applies to motions or claims for relief filed on or after the effective date, January 1, 2012, and any person otherwise eligible to file a motion or claim may file a motion or claim under the act before January 1, 2013, regardless of the one year discovery rule.


  • Summary date: Feb 28 2011 - More information

    House amendments make the following changes to 2nd edition.
    Amendment # 1 makes a clarifying change. Amendment # 2 enacts new subsection (i) to proposed GS 50-13.13 to toll the period for filing a motion seeking relief from a child support order for any servicemember deployed and subject to the Servicemembers Civil Relief Act, during the time of deployment. Specifies that the servicemember will have 30 days to file, if the remaining period allowed for filing following the servicemember’s redeployment is less than 30 days.


  • Summary date: Feb 24 2011 - More information

    House committee substitute makes the following changes to 1st edition.
    Amends proposed GS 50-13.13(b) to require that a motion filed under the statute be filed within one year of the date the moving party knew or reasonably should have known that he was not the father of the child. Requires the motion to be verified by the moving party and to state all of the following: (1) the basis, with particularity, on which the moving party believes he is not the child’s father; (2) the moving party has not acknowledged paternity of the child, or acknowledged paternity without knowing that he was not the child’s father; (3) the moving party has not adopted the child, has not legitimated the child, as specified, or is not the child’s legal father under GS 49A-1 (child born as result of artificial insemination); and (4) the moving party did not act to prevent the child’s biological father from asserting his paternal rights. Amends proposed GS 50-13.13(c) to clarify that the court may (rather than must) appoint a guardian ad litem to represent the child’s interest. Amends proposed GS 50-13.13(d) to require the moving party to pay costs for genetic testing (was, costs were to be paid according to GS 8-50.1(b1)). Amends proposed GS 50-13.13(e) to require that the moving party’s child support obligation be suspended while a motion is pending before the court if the support is being paid on behalf of the child to the state, or any other assignee of child support, where the child is in custody of the state or other assignee, or where the moving party is an obligor in a IV-D case. Provides that the moving party’s child support obligation will not be suspended while the motion is pending before the court if the support is being paid to the child’s mother (previous version prohibited suspension of support).
    Amends proposed GS 50-13.13(h) to provide that if a court determines the moving party satisfies the statute’s requirements, then the court will enter an order, including written findings of fact and conclusions of law, terminating the moving party’s child support obligation (previous version allowed the court to terminate the support obligation or dismiss the action). Authorizes the court to tax the expenses of genetic testing to the child’s mother. Clarifies that any unpaid support due prior to the filing of the motion (was, prior to the date the order determining the moving party is not the biological father is filed) is due and owing. Authorizes the court to order the child’s mother to reimburse any child support amounts paid and received after the motion was filed, if the court finds the mother used fraud, duress, or misrepresentation to cause the moving party to believe he was the father. However, the moving party has no right to reimbursement of past child support paid on behalf of the child to the state or assignee, where the child is in custody of the state, or where the moving party is an obligor in a IV-D case.
    Makes conforming changes to GS 110-132 (concerning affidavits of parentage and agreements to support).
    Retains the effective date of January 1, 2012, and adds that any person who would otherwise be eligible to file a motion may do so prior to January 1, 2013, notwithstanding the provision requiring motions be filed within one year of discovery.


  • Summary date: Feb 8 2011 - More information

    Amends Article 1 of GS Chapter 50 by enacting new GS 50-13.13, which provides that the father of a child who is required to pay child support may file a motion seeking relief from the child support order if the person believes that he is not the child’s father and he has either not acknowledged paternity of the child or has acknowledged paternity without knowing that he is not the biological father. The act authorizes the court to order the putative father, the child’s mother, and the child to submit to genetic paternity testing if the court believes there is good cause to believe that the putative father is not the biological father. The court may terminate the putative father’s child support obligation if the court finds any of the following: (1) the genetic test establishes that the person is not the child’s biological father; (2) he has not acknowledged paternity of the child, or he has acknowledged paternity without knowing that he is not the biological father; (3) he has not adopted the child, has not legitimated the child, or has not become the child’s legal father; or (4) he did not act to prevent the child’s biological father from asserting his parental rights. Any unpaid support due and owing before the date the order is entered remains due and owing. Effective January 1, 2012, and applies to motions for relief filed on or after that date.


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