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A bill to be entitled

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An act relating to child support; amending s. 742.18,

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F.S.; eliminating the requirement for a man seeking to

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disestablish paternity and terminate a child support

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obligation to affirm that he is current on his child

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support obligation or that any delinquency is based on

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inability to pay; providing for relief from past-due child

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support obligations; revising a provision relating to

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naming the father on a child's birth certificates to

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conform to procedures under ch. 383, F.S.; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 742.18, Florida Statutes, is amended to

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read:

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     742.18  Disestablishment of paternity or termination of

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child support obligation.--

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     (1) This section establishes circumstances under which a

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male may disestablish paternity or terminate a child support

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obligation when the male is not the biological father of the

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child. To disestablish paternity or terminate a child support

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obligation, the man ordered to pay child support male must file a

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petition in the circuit court having jurisdiction over the child

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support obligation. The petition must be served on the mother or

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other legal guardian or custodian of the child. If the child

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support obligation was determined administratively and has not

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been ratified by a court, then the petition must be filed in the

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circuit court where the mother or legal guardian or custodian

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resides. The Such a petition must be served on the Department of

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Revenue and on the mother or legal guardian or custodian of the

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child. If the mother or legal guardian or custodian no longer

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resides in the state, the petition may be filed in the circuit

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court in the county where the petitioner resides. The petition

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must include:

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     (a)  An affidavit executed by the petitioner that newly

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discovered evidence relating to the paternity of the child has

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come to the petitioner's knowledge since the initial paternity

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determination or establishment of a child support obligation.

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     (b)  The results of scientific tests that are generally

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acceptable within the scientific community to show a probability

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of paternity, administered within 90 days prior to the filing of

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such petition, which results indicate that the man male ordered

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to pay such child support cannot be the biological father of the

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child for whom support is required, or an affidavit executed by

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the petitioner stating that he did not have access to the child

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to have scientific testing performed prior to the filing of the

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petition. A man male who suspects he is not the biological father

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but does not have access to the child to have scientific testing

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performed may file a petition requesting the court to order the

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child to be tested.

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     (c) An affidavit executed by the petitioner stating that

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the petitioner is current on all child support payments for the

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child for whom relief is sought or that he has substantially

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complied with his child support obligation for the applicable

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child and that any delinquency in his child support obligation

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for that child arose from his inability for just cause to pay the

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delinquent child support when the delinquent child support became

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due.

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     (2)  The court shall grant relief on a petition filed in

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accordance with subsection (1) upon a finding by the court of all

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of the following:

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     (a)  Newly discovered evidence relating to the paternity of

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the child has come to the petitioner's knowledge since the

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initial paternity determination or establishment of a child

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support obligation.

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     (b)  The scientific test required in paragraph (1)(b) was

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properly conducted.

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     (c) The male ordered to pay child support is current on all

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child support payments for the applicable child or that the male

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ordered to pay child support has substantially complied with his

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child support obligation for the applicable child and that any

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delinquency in his child support obligation for that child arose

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from his inability for just cause to pay the delinquent child

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support when the delinquent child support became due.

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     (c)(d) The man male ordered to pay child support has not

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adopted the child.

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     (d)(e) The child was not conceived by artificial

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insemination while the man male ordered to pay child support and

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the child's mother were in wedlock.

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     (e)(f) The man male ordered to pay child support did not

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act to prevent the biological father of the child from asserting

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his paternal rights with respect to the child.

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     (f)(g) The child was younger than 18 years of age when the

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petition was filed.

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     (3) Notwithstanding subsection (2), a court may shall not

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set aside the paternity determination or child support order if

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the man ordered to pay child support male engaged in the

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following conduct after learning that he is not the biological

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father of the child:

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     (a)  Married the mother of the child while known as the

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reputed father in accordance with s. 742.091 and voluntarily

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assumed the parental obligation and duty to pay child support;

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     (b)  Acknowledged his paternity of the child in a sworn

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statement;

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     (c)  Consented to be named as the child's biological father

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on the child's birth certificate;

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     (d)  Voluntarily promised in writing to support the child

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and was required to support the child based on that promise;

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     (e)  Received written notice from any state agency or any

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court directing him to submit to scientific testing which he

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disregarded; or

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     (f)  Signed a voluntary acknowledgment of paternity as

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provided in s. 742.10(4).

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     (4) If In the event the petitioner fails to make the

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requisite showing required by this section, the court shall deny

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the petition.

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     (5) If the petitioner is entitled to In the event relief

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under is granted pursuant to this section, the court shall

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terminate all relief shall be limited to the issues of

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prospective and past due child support payment obligations

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payments and address termination of parental rights, custody, and

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visitation rights. The petitioner's male's previous status as the

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child's father shall continue continues to be in existence until

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the order granting relief is rendered. All previous lawful

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actions taken based on reliance on that status are confirmed

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retroactively but not prospectively. This section does not shall

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not be construed to create a cause of action to recover child

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support that was previously paid.

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     (6)  The duty to pay child support and other legal

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obligations for the child may shall not be suspended while the

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petition is pending except for good cause shown. However, the

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court may order the child support to be held in the registry of

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the court until final determination of paternity has been made.

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     (7)(a) In an action brought pursuant to this section, If

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the scientific test results submitted in accordance with

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paragraph (1)(b) are provided solely by the petitioner male

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ordered to pay child support, the court on its own motion may,

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and on the petition of any party shall, order the child and the

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man male ordered to pay child support to submit to applicable

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scientific tests. The court shall provide that Such scientific

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testing must be done within no more than 30 days after the court

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issues its order.

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     (a)(b) If the man male ordered to pay child support

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willfully fails to submit to scientific testing or if the mother

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or legal guardian or custodian of the child willfully fails to

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submit the child for testing, the court shall issue an order

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determining the relief on the petition against the party so

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failing to submit to scientific testing. If a party shows good

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cause for failing to submit to testing, such failure may shall

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not be considered willful. Nothing in This paragraph does not

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shall prevent the child from reestablishing paternity under s.

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742.10.

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     (b)(c) The party requesting applicable scientific testing

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must shall pay any fees charged for the tests. If the custodian

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of the child is receiving services from an administrative agency

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in its role as an agency providing enforcement of child support

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orders, that agency shall pay the cost of the testing if it

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requests the test and may seek reimbursement for the fees from

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the person against whom the court assesses the costs of the

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action.

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     (8)  If the relief on a petition filed in accordance with

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this section is granted, the clerk of the court shall, within 30

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days following final disposition, forward to the Office of Vital

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Statistics of the Department of Health a certified copy of the

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court order or a report of the proceedings upon a form to be

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furnished by the department, together with sufficient information

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to enable the department to identify and, in accordance with s.

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382.016(1)(c), amend the child's original birth certificate to

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remove and to enable the department to prepare a new birth

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certificate. Upon receipt of the certified copy or the report,

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the department shall prepare and file a new birth certificate

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that deletes the name of the man male ordered to pay child

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support as the father of the child. The certificate shall bear

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the same file number as the original birth certificate. All other

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items not affected by the order setting aside a determination of

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paternity shall be copied as on the original certificate,

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including the date of registration and filing. If the child was

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born in a state other than Florida, the clerk shall send a copy

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of the report or decree to the appropriate birth registration

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authority of the state where the child was born. If the relief on

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a petition filed in accordance with this section is granted and

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the mother or legal guardian or custodian requests that the court

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change the child's surname, the court may change the child's

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surname. If the child is a minor, the court shall consider

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whether it is in the child's best interests to grant the request

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to change the child's surname.

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     (9)  The rendition of an order granting a petition filed

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pursuant to this section does shall not affect the legitimacy of

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a child born during a lawful marriage.

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     (10)  If relief on a petition filed in accordance with this

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section is not granted, the court shall assess the costs of the

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action and attorney's fees against the petitioner.

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     (11) Nothing in This section does not preclude precludes an

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individual from seeking relief from a final judgment, decree,

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order, or proceeding pursuant to Rule 1.540, Florida Rules of

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Civil Procedure, or from challenging a paternity determination

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pursuant to s. 742.10(4).

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     Section 2.  This act shall take effect July 1, 2008.