ESTABLISHMENT OF PATERNITY

CS 1329P CIC Paternity Rescinded

04/87 Revised 09/24/03

UCA 63-46b, 78-45c, 78-45-9.3(3)(c)

 

NOTE: CIC-specific procedures contained in this section.

 

A declarant father or a previously adjudicated (ordered) father who claims he is not the biological father of a child must take steps to have the “Affidavit for Voluntary Declaration of Paternity by Parents” (VDP) rescinded or the order amended.   

 

Affidavit for Voluntary Declaration of Paternity by Parents Rescission

 

A signatory to a VDP may rescind their signature within 60 days of signing the VDP.  The signatory may rescind the signature by contacting the Department of Health, Vital Records and Statistics (VRS) and following its procedures.

 

If 60 days have elapsed since the date the parent signed the VDP, the signatories may challenge the VDP in court only on the grounds of fraud, duress, or material mistake of fact. 

 

A child support order based on the VDP remains in effect during the pendency of a proceeding to rescind, and until a final rescission order is issued.

 

According to U.C.A. 78-45g-308(6), if the VDP is rescinded, the father may not recover any child support he paid for the child prior to the rescission order.

 

Judicial Order

 

If a judicially adjudicated father claims he is not the child's biological father and there is a court order in effect stating otherwise, he must contest the paternity issue through the court that issued the order.  

 

If the judicially adjudicated father goes to court to challenge the paternity issue, refer the case to the AGO to represent CIC in the proceeding.  Inform the AGO of the arrears time period on the case.  If the court determines that the previously adjudicated father is not the biological father, the previously adjudicated father’s attorney should prepare an amendment to the order to reflect the finding of non-paternity and termination of the support obligation.  The amendment should not be retroactive. The amendment should be prospective only, similar to the procedure above regarding the VDP and rescission process.

 

Administrative Order

 

In limited circumstances, CSS will facilitate genetic tests at no cost to the parties while enforcing on a CSS Utah administrative order.  If a CIC agent receives a request for genetic testing from a mother or an administratively adjudicated father, refer the requesting party to the appropriate CSS agent.

 

Procedures

 

If you receive genetic test results from a parent(s) issued by an accredited lab that exclude the previously adjudicated father as the biological father, verify that no genetic tests were completed during or prior to the initial proceeding and that the only existing order is an administrative order under UAPA.  Once this is verified, take the steps listed below.

 

1.                  If the previously adjudicated father is making current support payments, stop the payments; however, continue to collect for any arrears owed.

 

2.         In accordance with UCA 78-45-9.3(3)(c), child support orders are not subject to retroactive modification or amendment.  All support that has accrued through the date CIC received the genetic test results is still owed.  Therefore, do not refund any support payments to the respondent unless ordered by the court after an adversarial proceeding.  Use regular collection methods to collect all past due support.  You may also negotiate a settlement with the respondent to pay the debt in full. 

 

Refunding Support Payments

 

If paternity has been disestablished and the current support obligation has been terminated prospectively, such as in a paternity rescission or an amended order, do NOT refund any support payments to the respondent/previously adjudicated father unless ordered by the court.  Any period of time the previously adjudicated father was the legal parent and had a support obligation due to his non-action will be considered his responsibility.  Only the CIC or ORS Bureau Director may approve an exception.

 

Except for rare situations, the previously adjudicated father will continue to be considered the legally established father with a legal support obligation for the period preceding the disestablishment.