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H0771.....................................................by WAYS AND MEANS
PATERNITY - Adds to existing law to provide for the vacation of a child
support order in instances of paternity fraud; to set forth a statute of
limitations; and to provide for actions for restitution.
02/26 House intro - 1st rdg - to printing
02/27 Rpt prt - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Langford, Skippen, Snodgrass
Floor Sponsor - Moyle
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bunderson
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 274
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 771
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO PATERNITY FRAUD; AMENDING CHAPTER 10, TITLE 32, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 32-1009, IDAHO CODE, TO PROVIDE FOR THE VACATION
4 OF A CHILD SUPPORT ORDER BASED UPON A FINDING OF PATERNITY FRAUD, TO
5 REQUIRE MOTIONS TO BE FILED IN A SPECIFIED TIME PERIOD AND TO PROVIDE FOR
6 ACTIONS FOR RESTITUTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 10, Title 32, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 32-1009, Idaho Code, and to read as follows:
11 32-1009. PATERNITY FRAUD -- CHILD SUPPORT RESTITUTION. Notwithstanding
12 any other provision of law to the contrary, a court shall vacate a child sup-
13 port order if the court finds, by clear and convincing evidence, that the
14 moving party is not the biological father of the child who is the subject of
15 the support order, and that the obligee knowingly and intentionally misrepre-
16 sented the paternity of the child to the obligor. The obligor shall file the
17 motion to vacate the order within two (2) years of discovery of evidence that
18 he is not the biological father of the child. If the order is vacated, the
19 obligor may bring an action in court against the obligee or the true biologi-
20 cal father of the child to obtain restitution for child support previously
21 paid pursuant to the order.
STATEMENT OF PURPOSE
RS 14177
Amends Chapter 10, Title 32, Idaho Code, by adding a new section
to provide for the vacation of a child support order based upon a
finding of paternity fraud.
FISCAL IMPACT
None.
Contact
Name: Rep. Mike Moyle
Rep. Debbie Field
Rep. Wendy Jaquet
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 771