Challenging Paternity After a Child Support Order in North Dakota
In North Dakota, the law allows for the challenge of paternity even after a child support order has been issued. However, the process is complex and requires a thorough understanding of the state’s legal procedures and statutes.
Legal Basis for Challenging Paternity
The North Dakota Century Code provides the legal basis for challenging paternity. According to section 14-20-19 (309), every signatory to an acknowledgment of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment. The party challenging the acknowledgment of paternity has the burden of proof.
Procedure for Rescission or Challenge
The procedure for rescission or challenge is outlined in section 14-20-19. The signatory submits to the personal jurisdiction of the state by signing the acknowledgment or denial, effective upon the filing of the document with the department of health and human services.
During the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support, except for good cause shown.
Limitations for Challenging Paternity
There are limitations for challenging paternity as per section 14-20-44 (609). If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under section 14 -20-17 or 14 -20-18.
If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of a paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.
Genetic Testing
Genetic testing is a common method used to challenge paternity. According to section 14-20-27 (503), the tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is a presumed father of the child, petitioning to have his paternity adjudicated, identified as the father of the child through genetic testing, or an alleged father who has declined to submit to genetic testing.
Conclusion
In conclusion, challenging paternity after a child support order has been issued in North Dakota is possible but comes with specific legal procedures and limitations. It is advisable to seek legal counsel to navigate this complex process. The North Dakota Century Code provides the legal framework for these proceedings, and any challenge to paternity should be based on these statutes.