Idaho § 32-1009 - Paternity fraud - Child support restitution
Full text of Idaho Idaho Statutes § 32-1009 — Paternity fraud - Child support restitution, with citation guidance and answers to common questions.
§ 32-1009. Paternity fraud - Child support restitution
Notwithstanding any other provision of law to the contrary, a court shall vacate a child 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 (2) 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 court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.
[32-1009, added 2004, ch. 274, sec. 1, p. 764.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 32-1009
What does Idaho Statutes § 32-1009 cover?
Section 32-1009 ("Paternity fraud - Child support restitution") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 32-1009?
A common citation format is "Idaho Statutes § 32-1009" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 32-1009 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.