2003 Legislation
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HOUSE BILL NO. 417 – Paternity, disestablishment

HOUSE BILL NO. 417

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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