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.
Idaho Code § 32-1009
Paternity fraud — Child support restitution
Applied in 1 court decision — leading case Tina Marie Hodge v. Chadwick Craig (2012)
Most recently applied in Tina Marie Hodge v. Chadwick Craig (October 2012)
I.C., § 32-1009, as added by 2004, ch. 274, § 1, p. 764.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.