Bill Summary for H 55 (2011-2012)

Summary date: 

Feb 24 2011

Bill Information:

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.

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Bill summary

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.

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