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AR HB2038
Bill
Status
3/6/2017
Primary Sponsor
David Fielding
Click for details
AI Summary
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Entitles a man to one paternity test under Arkansas Code § 9-10-108 if he may be ordered to pay child support in a divorce proceeding and no paternity test was previously performed
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Allows a man to file a motion challenging paternity during divorce proceedings (§ 9-12-326); if test excludes him as father or mother acknowledges non-paternity, he is not required to pay child support and birth certificate shall be amended
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Permits a man ordered to pay child support based on a divorce decree to challenge paternity at any time during the support obligation period (§ 9-12-327) if no scientific paternity test was previously performed
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If paternity test after divorce decree entry excludes the man as father, court must set aside the paternity finding, vacate unpaid support owed, and confirm no future support obligation; previously paid support is not refundable
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If paternity test confirms the man is the biological father, court shall reaffirm the previous order or, if circumstances have changed, reset child support according to state guidelines and family support chart
Legislative Description
To Amend The Law Concerning Child Support Ordered Pursuant To A Divorce Decree; And Concerning The Establishment And Disestablishment Of Paternity Before And After The Entry Of A Divorce Decree.
Last Action
Recommended for study in the Interim by Joint Interim Committee on AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE
3/16/2017