§ 9-10-115 — Modification of orders or judgments

Arkansas § 9-10-115

• Jurisdiction: Arkansas
• Title: 9

Text

(a) The circuit court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe. (b) The court shall not set aside, alter, or modify any final decree, order, or judgment of paternity in which paternity blood testing, genetic testing, or other scientific evidence was used to determine the adjudicated father as the biological father. (c) Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health: (1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or (2) Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first. (d) (1) Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact. (2) The burden of proof shall be upon the person challenging the establishment of paternity. (e) (1) (A) When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108 , at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction. (B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section. (2) The duty to pay child support and other legal obligations shall not be suspended while the motion is pending except for good cause shown, which shall be recited in the court's order. (f) (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall: (A) Set aside the previous finding or establishment of paternity; (B) Find that there is no future obligation of support; (C) Order that any unpaid support owed under the previous order is vacated; and (D) Order that any support previously paid is not subject to refund. (2) If the name of the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity appears on the birth certificate of the child, the court shall issue an order requiring the birth certificate to be amended to delete the name of the father. (g) If the test administered under subdivision (e)(1)(A) of this section confirms that the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity is the biological father of the child, the court shall enter an order adjudicating paternity and setting child support in accordance with § 9-10-109 , the guidelines for child support, and the family support chart.

Legislative History

Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1993, No. 1242, § 8; 1995, No. 1091, § 3; 1997, No. 1296, § 8; 1999, No. 1514, § 2; 2001, No. 1736, § 1; 2007, No. 60, § 1