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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 - 2003
IN 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