Idaho Code

Idaho Code § 32-1009 (2026)

Paternity fraud — Child support restitution.

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Tina Marie Hodge v. Chadwick Craig, 382 S.W.3d 325 (Tenn. 2012).

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Tina Marie Hodge v. Chadwick Craig, 382 S.W.3d 325 (Tenn. 2012). “Idaho Code Ann. § 32-1009 (2006). On the other hand, Arkansas, Delaware, Florida, and Mississippi have enacted statutes specifically prohibiting actions to recover previously paid child support.”

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