People excluded by genetic tests may seek to end support orders

A person may ask the court that issued the order to vacate a fatherhood order or end a child support order. The court must do so if it finds the genetic test results exclude the person as the biological parent and the person is not an adoptive parent. This applies to an individual named as a child’s father or ordered to pay child support. The court may grant the motion even if the person knew of the excluding test results more than 180 days before filing and cannot show good cause for the delay. The person must file the motion with the court that issued the order. When genetic testing is ordered, the child, the child’s mother, and the person filing must submit to testing within 30 days.

If the court grants a motion to end a child support order, it must end a parenting-time order involving the same person and child, if one exists. It must correct unpaid support owed under the order, subject to the response-deadline exception. These rules apply when a court grants a motion under section 18 to end a child support order. The court must not correct past support debt if the person did not file and serve a response within 180 days after being personally served in the paternity case. The court takes these actions when it grants the motion to end the support order.

If the court does not grant a motion to end a child support order, it must order the responsible biological father to pay the case costs and each opposing party’s reasonable legal fees, or require responsible parties to share those costs equally. This applies when a court does not grant a motion under section 18 to end a child support order. The court must not order an innocent person excluded by genetic testing to pay the case costs or an opposing party’s reasonable legal fees. The court orders payment when it does not grant the motion.