HB 444: "An Act relating to paternity determinations; relating to extinguishment of child support arrearages and public assistance debt and to reimbursement of payments already made to the state on behalf of the child when paternity is administratively disestablished or a court determination of paternity is vacated; and amending Rules 60 and 90.3(h), Alaska Rules of Civil Procedure."
00HOUSE BILL NO. 444 01 "An Act relating to paternity determinations; relating to extinguishment of child 02 support arrearages and public assistance debt and to reimbursement of payments 03 already made to the state on behalf of the child when paternity is 04 administratively disestablished or a court determination of paternity is vacated; and 05 amending Rules 60 and 90.3(h), Alaska Rules of Civil Procedure." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 25.20 is amended by adding a new section to read: 08 Sec. 25.20.052. Vacation of paternity determinations. (a) If the results of 09 a genetic test are negative under the standard set out in AS 25.20.050(d), a court shall 10 vacate a previous judgment of paternity that was made by a court in this state if the 11 previous determination was not based on 12 (1) genetic test results that met the standard set out in AS 25.20.050(d) 13 at the time the test was performed; or 14 (2) an acknowledgment of paternity under AS 25.20.050 or an
01 admission of paternity under AS 25.27.165. 02 (b) A person may bring an action under (a) of this section to vacate a previous 03 court determination of paternity at any time but only once per child. 04 (c) If a decision of a court in this state vacates a paternity determination, the 05 petitioner's child support obligation and liability for public assistance under 06 AS 25.27.120 are modified retroactively to extinguish arrearages for child support and 07 accrued liability for public assistance to the extent that the child support and accrued 08 liability for public assistance were based on the paternity decision that is vacated. In 09 addition, if a decision of a court in this state vacates a paternity determination, the 10 state shall reimburse the payments made by the petitioner for public assistance under 11 AS 25.27.120 that were based on the paternity decision that was vacated. This 12 subsection may be implemented only to the extent not prohibited by federal law. 13 * Sec. 2. AS 25.27.166(b) is amended to read: 14 (b) The agency's standards and procedures under (a) of this section must 15 (1) allow a person to petition the agency to disestablish paternity only 16 once per child; 17 (2) subject to the limitation in (1) of this subsection, allow a petition 18 to disestablish paternity to be brought at any time [ONLY WITHIN THREE YEARS 19 AFTER THE CHILD'S BIRTH OR THREE YEARS AFTER THE PETITIONER 20 KNEW OR SHOULD HAVE KNOWN OF THE FATHER'S PUTATIVE 21 PATERNITY OF THE CHILD, WHICHEVER IS LATER]; and 22 (3) provide standards and notice and hearing procedures that are 23 equivalent to those used for establishment of paternity under AS 25.27.165. 24 * Sec. 3. AS 25.27.166(d) is amended to read: 25 (d) If a decision under this section disestablishes paternity, the petitioner's 26 child support obligation and [OR] liability for public assistance under AS 25.27.120 27 are [IS] modified retroactively to extinguish arrearages for child support and accrued 28 liability for public assistance to the extent that the child support and accrued 29 liability for public assistance were based on the alleged paternity that is 30 disestablished under this section. In addition, if a decision under this section 31 disestablishes paternity, the state shall reimburse payments made by the petitioner
01 for public assistance under AS 25.27.120 that were based on the disestablished 02 paternity. This subsection may be implemented only to the extent not prohibited by 03 federal law. 04 * Sec. 4. COURT RULE CHANGE; COURT JUDGMENTS. (a) AS 25.20.052(a) and 05 (b), added by sec. 1 of this Act, have the effect of amending Rule 60, Alaska Rules of Civil 06 Procedure, by providing another basis for relief from a judgment or order. 07 (b) AS 25.20.052(a) and (b), added by sec. 1 of this Act, take effect only if this bill 08 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 09 Constitution of the State of Alaska. 10 * Sec. 5. COURT RULE CHANGE; ARREARS. (a) AS 25.20.052(c), added by sec. 1 11 of this Act, and AS 25.27.166(d), as amended by sec. 3 of this Act, have the effect of 12 amending Rule 90.3(h), Alaska Rules of Civil Procedure, by allowing retroactive modification 13 of child support under circumstances involving disestablishment or vacation of paternity 14 decisions. 15 (b) AS 25.20.052(c), added by sec. 1 of this Act, and AS 25.27.166(d), as amended 16 by sec. 3 of this Act, may take effect with only a majority vote of each house of the 17 legislature because the court rule they amend is an interpretive rule not governed by the 18 procedural requirements of art. IV, sec. 15, Constitution of the State of Alaska.