SB 942 Summary

• Establishes a four-month deadline to open or set aside a paternity judgment, requiring showing of reasonable cause or valid defense; exceptions allow consideration after four months if fraud, duress, or material mistake of fact is demonstrated with burden of proof on the moving party.

• Requires courts to prioritize the best interest of the child when deciding whether to set aside a paternity judgment, considering genetic information, past relationships with the child and family, child's interests in knowing biological father, potential emotional and financial support, and potential harm from disturbing the judgment.

• Restricts genetic testing orders until the court first determines the moving party has met their burden of proof regarding reasonable cause or fraud, duress, or material mistake of fact.

• Permits acknowledgments of paternity to be rescinded within 60 days or until a support agreement is reached; after rescission period, acknowledgments may only be challenged in court on grounds of fraud, duress, or material mistake of fact.

• Requires continued child support obligations during pendency of any motion to open or set aside a paternity judgment except for good cause shown; applies to Superior Court, family support magistrates, and Probate Court proceedings.

• Effective October 1, 2019.