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Current as of January 01, 2024 | Updated by Findlaw Staff
Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. The obligor shall file the motion to vacate the order within two (2) years of discovery of evidence that he is not the biological father of the child. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.
Cite this article: FindLaw.com - Idaho Statutes Title 32. Domestic Relations § 32-1009. Paternity fraud--Child support restitution - last updated January 01, 2024 | https://codes.findlaw.com/id/title-32-domestic-relations/id-st-sect-32-1009/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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