1. Disestablishment of Paternity & Support For Child Support Attorneys

2. Motions Filed – GS 49-14(h) Motion Filed  Properly served?  Notice of Hearing - 5 days notice? No? Move to dismiss

3. Motions Filed – GS 49-14(h) / 110-132 Motion Filed  Filed in underlying paternity case? No? Move to dismiss

4. Motions Filed – GS 49-14(h) / 110-132 Whose Order  North Carolina order?  Jurisdiction? No? Move to dismiss

5. Motions Filed – GS 49-14(h) / 110-132 Pleadings  Fraud  Duress  Mutual Mistake  Excusable Neglect No? Move to dismiss

6. Motions Filed – GS 49-14(h) / 110-132 Who Is Movant  A party to existing action?  Does he have standing? No? Move to dismiss

7. Motions Filed – GS 49-14(h) / 110-132 Motion Is Sufficient  Prepare for hearing

8. Motions Filed – GS 49-14(h) / 110-132  Review complete file  Confer with Child Support case manager  Meet with custodian  Is motion to dismiss appropriate?

9. Motions Filed – GS 49-14(h) / 110-132 Consider Motion To Dismiss  If not alleged with particularity  If previous paternity testing  If movant knew he was not father

10. Motions Filed – GS 49-14(h) / 110-132 Prior Paternity Test  Court ordered?  Chain of Custody verified? No? Move to strike

11. Motions Filed – GS 49-14(h) / 110-132 Burden of Proof  Belongs to Movant  Need Findings of Fact, Conclusions of Law  Appeal - request stay  Court incorrect – petition for writ

12. Motions Filed – GS 49-14(h) / 110-132 Paternity Test Results  97 % & higher – rebuttable presumption of paternity  85 % – 97% - same weight as other evidence  Less than 85% - rebuttable presumption of non-paternity

13. Motions Filed – GS 49-14(h) / 110-132 Court Determination  Paternity test - not father  Prior order - fraud, duress, mutual mistake or excusable neglect  Court’s discretion to set aside paternity

14. Motion Filed – GS 50-13.13 New Civil Action  Proper Summons & Complaint?  Service of Process?  Timely Service?  Endorsement? No? Move to Dismiss

15. Motions Filed – GS 50-13.13 Plaintiff - Father Required to Support  Chapter 49 (Legitimation)  Chapter 50 (Custody, support)  Chapter 52C (Interstate)  Chapter 110 (Title IV-D)  Chapter 52-10.1 (Separation agreement) No? Move to Dismiss

16. Motions Filed – GS 50-13.13 Whose Order  North Carolina order?  Jurisdiction? No? Move to dismiss

17. Motions Filed – GS 50-13.13 When Did He Know  Knew or should have known  Longer than 1 year? Move to dismiss

18. Motions Filed – GS 50-13.13 Complaint Verified  No? Move to dismiss

19. Motions Filed – GS 50-13.13 How Does He Know  Are allegations clearly stated? No? Move to dismiss

20. Motions Filed – GS 50-13.13 Allegations  Did not acknowledge paternity?  Acknowledged not knowing his is not father No? Move to dismiss

21. Motions Filed – GS 50-13.13 Adoption / Legitimation  Has he adopted child?  Has he legitimated child? Yes? Move to dismiss

22. Motions Filed – GS 50-13.13 Legitimation  By marriage?  When mother married to another man?  By artificial insemination Yes? Move to dismiss

23. Motions Filed – GS 50-13.13 Plaintiff in Military  Default judgment?  Date of separation?

24. Motions Filed – GS 50-13.13 Guardian Ad Litem  On behalf of child  At discretion of Court

25. Motions Filed – GS 50-13.13 Paternity Testing  Court order  GS 8-50.1 governs admissibility, weight  Failure to comply – contempt, sanction

26. Motions Filed – GS 50-13.13 Suspension of Support Obligation  Suspended in IV-D case  Not suspended if support paid to mother

27. Motions Filed – GS 50-13.13 Support Obligation Termination  If paternity test indicates non-paternity  If plaintiff did not acknowledge paternity

28. Motions Filed – GS 50-13.13 Support Obligation Termination  If plaintiff acknowledged paternity not knowing he was not father

29. Motions Filed – GS 50-13.13 Plaintiff Does Not Meet Requirements Court must:  Deny motion  Bad faith – award fees to prevailing party Support order remains in effect

30. Motions Filed – GS 50-13.13 Plaintiff Meets Requirements Court must order:  Ongoing support terminated  Arrearage remains due and owing  Clerk of court to notify State Registrar

31. Motions Filed – GS 50-13.13 Plaintiff Meets Requirements Court may:  Tax paternity test costs to mother

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33. Lisa K. Bradley Assistant Attorney General NC Department of Justice LBradley@ncdoj.gov 919.716.6850