Bill Summary for S 203 (2011-2012)

Summary date: 

Jun 15 2011
S.L. 2011-328

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 203 (Public) Filed Thursday, March 3, 2011
ESTABLISHING A PROCESS TO SET ASIDE AN ORDER OF PATERNITY OR AN AFFIDAVIT OF PARENTAGE UNDER LIMITED CIRCUMSTANCES.
Intro. by McKissick, East.

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Bill 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.

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