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H0417.....................................................by WAYS AND MEANS PATERNITY - Adds to existing law to provide for a motion to set aside a determination of paternity; to provide that relief shall be granted if genetic testing conclusively shows that the alleged father is not the biological father and certain other conditions are met; to provide for additional testing; to provide for relief based upon a party's willful failure to submit to testing; and to provide for costs and attorney's fees. 04/14 House intro - 1st rdg - to printing 04/15 Rpt prt - to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 417 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO PATERNITY; TO PROVIDE FOR A MOTION TO DISESTABLISH PATERNITY, TO 3 PROVIDE REQUIREMENTS FOR FILING SUCH MOTION, TO PROVIDE THAT RELIEF SHALL 4 BE GRANTED IF GENETIC TESTING CONCLUSIVELY SHOWS THAT THE ALLEGED FATHER 5 IS NOT THE BIOLOGICAL FATHER AND CERTAIN OTHER CONDITIONS ARE MET, TO PRO- 6 VIDE THAT RELIEF SHALL NOT BE DENIED BECAUSE OF CERTAIN PRIOR ACTS UNLESS 7 THE ALLEGED FATHER ACTED WITH KNOWLEDGE THAT HE WAS NOT THE BIOLOGICAL 8 FATHER, TO PROVIDE FOR RELIEF, TO PROVIDE THAT THE DUTY TO PAY CHILD SUP- 9 PORT WHILE A MOTION IS PENDING SHALL NOT BE SUSPENDED EXCEPT UPON GOOD 10 CAUSE, TO PROVIDE FOR ADDITIONAL TESTING, TO PROVIDE FOR RELIEF BASED UPON 11 A PARTY'S WILLFUL FAILURE TO SUBMIT TO TESTING, TO PROVIDE FOR THE PAYMENT 12 OF TESTING FEES, AND TO PROVIDE FOR THE ASSESSMENT OF COSTS AND ATTORNEY'S 13 FEES. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Chapter 11, Title 7, Idaho Code, be, and the same is 16 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 17 ignated as Section 7-1119A, Idaho Code, and to read as follows: 18 7-1119A. DISESTABLISHMENT OF PATERNITY. (1) Notwithstanding any other 19 provision of law to the contrary, where a male is required to pay child sup- 20 port as the father of a child, a motion to set aside a determination of pater- 21 nity may be made at any time upon the grounds set forth in this section. Such 22 motion shall include: 23 (a) An affidavit executed by the movant that the newly discovered evi- 24 dence has come to the movant's knowledge since the entry of judgment; and 25 (b) The results from genetic testing administered within ninety (90) days 26 prior to the filing of such motion, that find that there is at least a 27 ninety-eight percent (98%) probability that the male ordered to pay such 28 child support is not the father of the child for whom support is required. 29 (2) The court shall grant relief on a motion filed in accordance with 30 subsection (1) of this section upon a finding by the court of all of the fol- 31 lowing: 32 (a) The genetic test required in subsection (1) of this section was prop- 33 erly conducted; 34 (b) The male ordered to pay child support has not adopted the child; 35 (c) The child was not conceived by artificial insemination while the male 36 ordered to pay child support and the child's mother were in wedlock; 37 (d) The male ordered to pay child support did not act to prevent the bio- 38 logical father of the child from asserting his paternal rights with 39 respect to the child; and 40 (e) The male ordered to pay child support, with knowledge that he is not 41 the biological father of the child, has not: 42 (i) Married the mother of the child and voluntarily assumed the 43 parental obligation and duty to pay child support; 2 1 (ii) Acknowledged his paternity of the child in a sworn statement; 2 (iii) Been named as the child's biological father on the child's 3 birth certificate with his consent; 4 (iv) Been required to support the child because of a written volun- 5 tary promise; 6 (v) Received written notice from the department of health and wel- 7 fare, any other state agency or any court directing him to submit to 8 genetic testing which he disregarded; 9 (vi) Signed a voluntary acknowledgment of paternity as provided in 10 section 7-1106, Idaho Code; or 11 (vii) Proclaimed himself to be the child's biological father. 12 (3) In the event the movant fails to make the requisite showing provided 13 in subsection (2) of this section, the court may grant the motion or enter an 14 order as to paternity, duty to support, custody, and visitation privileges as 15 otherwise provided by law. 16 (4) In the event relief is granted pursuant to subsection (2) of this 17 section, relief shall be limited to the issues of prospective child support 18 payments, past due child support payments, termination of parental rights, 19 custody, and visitation rights. 20 (5) The duty to pay child support and other legal obligations for the 21 child shall not be suspended while the motion is pending except for good cause 22 shown. 23 (6) (a) In any action brought pursuant to this section, if the genetic 24 test results submitted in accordance with subsection (1) of this section 25 are provided solely by the male ordered to pay child support, the court on 26 its own motion may, and on the motion of any party shall, order the 27 child's mother, the child, and the male ordered to pay child support to 28 submit to genetic tests. The court shall provide that such genetic testing 29 be done no more than thirty (30) days after the court issues its order. 30 (b) If the mother of the child or the male ordered to pay child support 31 willfully fails to submit to genetic testing, or if either such party is 32 the custodian of the child and willfully fails to submit the child for 33 testing, the court shall issue an order determining the relief on the 34 motion against the party so failing to submit to genetic testing. If a 35 party shows good cause for failing to submit to genetic testing, such 36 failure shall not be considered willful. 37 (c) The party requesting genetic testing shall pay any fees charged for 38 the tests. If the custodian of the child is receiving services from an 39 administrative agency in its role as an agency providing enforcement of 40 child support orders, such agency shall pay the cost of genetic testing if 41 it requests the test and may seek reimbursement for the fees from the per- 42 son against whom the court assesses the costs of the action. 43 (7) If relief on a motion filed in accordance with this section is not 44 granted, the court shall assess the costs of the action and attorney's fees 45 against the movant.
STATEMENT OF PURPOSE RS 13289 This legislation provides for addition of a new section, Section 7-1119A, to Chapter 11, Title 7, Idaho Code, allowing for disestablishment of paternity. The court shall grant relief on a motion filed which meets the criteria set forth in this legislation. It allows for genetic testing as proof that the alleged father is not the biological father. FISCAL IMPACT No fiscal impact to the General Fund. Contact Name: Representative Mike Moyle Representative Debbie Field Representative Wendy Jaquet Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 417