H.735

Introduced by   Representatives Valliere of Barre City, Larocque of Barnet, Larose of Richford, Pike of Mendon and Winters of Williamstown

Referred to Committee on

Date:

Subject:  Domestic relations; parentage

Statement of purpose:  This bill proposes to create the crime of paternity fraud, require the court to vacate a child support order upon clear and convincing evidence that the obligor was the victim of paternity fraud and is not the biological father of the child, and permit the obligor to obtain restitution from the obligee or the true biological father of the child.

AN ACT RELATING TO PATERNITY FRAUD

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 2026 is added to read:

§ 2026.  PATERNITY FRAUD

A person who knowingly and intentionally alleges that a person is the biological father of a child when such person knows the allegation to be false shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

Sec. 2.  15 V.S.A. § 660 is amended to read:

§ 660.  MODIFICATION

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(e)  An order may be modified only as to future support installments and installments which accrued subsequent to the date of notice of the motion to the other party or parties.  The date the motion for modification is filed shall be deemed to be the date of notice to the opposing party or parties.

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(g)  Notwithstanding the provisions of this section to the contrary, the court shall vacate a 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 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 family court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.