ESTABLISHING A PROCESS TO SET ASIDE AN ORDER OF PATERNITY OR AN AFFIDAVIT OF PARENTAGE UNDER LIMITED CIRCUMSTANCES.
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.
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