Idaho Statutes
§ 32-1009 — PATERNITY FRAUD — CHILD SUPPORT RESTITUTION
Idaho § 32-1009
This text of Idaho § 32-1009 (PATERNITY FRAUD — CHILD SUPPORT RESTITUTION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 32-1009 (2026).
Text
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.
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Legislative History
[32-1009, added 2004, ch. 274, sec. 1, p. 764.]
Nearby Sections
15
§ 32-1004
WAGES OF MINORS§ 32-1006
LEGITIMATION OF ISSUE BY MARRIAGE§ 32-1007
RIGHTS OF PARENTS OVER CHILDREN§ 32-101
MINORS DEFINED§ 32-1010
IDAHO PARENTAL RIGHTS ACT§ 32-102
UNBORN CHILD AS EXISTING PERSONCite This Page — Counsel Stack
Bluebook (online)
Idaho § 32-1009, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/32-1009.