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NC H55

Bill

Status

Engrossed

3/1/2011

Primary Sponsor

Martha Alexander

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Allows individuals ordered to pay child support based on paternity to seek relief if genetic testing proves they are not the biological father, with motions filed within one year of discovery of nonpaternity.

  • Requires clear and convincing evidence of nonpaternity through valid genetic testing and conditions relief on not having acknowledged paternity or having acknowledged it without knowing of nonpaternity.

  • Suspends child support obligations while motions are pending for cases involving state custody or IV-D child support enforcement, but not when support is paid directly to the child's mother.

  • Permits courts to order genetic testing at the moving party's expense and to award attorney's fees if the court finds the motion was not filed in good faith.

  • Allows reimbursement of child support paid to the mother after filing the motion if fraud, duress, or misrepresentation was used, and requires notification to the State Registrar to remove the father's name from the birth certificate if relief is granted.

Legislative Description

Relief from Incorrect Paternity Determination

Last Action

Re-ref Com On Rules and Operations of the Senate

5/21/2012

Committee Referrals

Rules and Operations of the Senate5/21/2012
Judiciary II3/3/2011
Judiciary Subcommittee B2/9/2011

Full Bill Text

No bill text available