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NC S203

Bill

Status

Passed

6/27/2011

Primary Sponsor

Austin Allran

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Origin

Senate

2011-2012 Session

AI Summary

  • Allows courts to set aside paternity orders if genetic tests prove the putative father is not the biological father and the order resulted from fraud, duress, mutual mistake, or excusable neglect.

  • Permits courts to set aside affidavits of parentage after the 60-day rescission period if genetic tests establish non-paternity and the affidavit resulted from fraud, duress, mutual mistake, or excusable neglect.

  • Creates a new process allowing men required to pay child support to file motions for relief within one year of discovering they are not the biological father, with temporary suspension of support obligations in certain cases.

  • Requires genetic paternity testing upon proper motion and allows courts to grant relief from child support orders based on clear and convincing evidence of non-paternity, with limited reimbursement rights for past support in cases of maternal fraud.

  • Effective January 1, 2012, with an extended filing deadline through December 31, 2012 for eligible parties.

Legislative Description

Set Aside Paternity/Child Support

Last Action

Ch. SL 2011-328

6/27/2011

Committee Referrals

Judiciary Subcommittee C6/8/2011
Judiciary II4/14/2011
Rules and Operations of the Senate3/7/2011

Full Bill Text

No bill text available