JEFFERSON CITY — The Missouri Senate today approved a measure sponsored by Senator Jeff Smith, D-St. Louis, to provide DNA testing in paternity disputes. Senate Bill 141 requires that any presumed father must be notified of any civil proceedings used to determine paternity, informs him of his right to contest the presumption of paternity and request genetic testing, and eliminates child support arrearage for non-fathers.
“If a man is determined through DNA testing not to be the father of a child, he should not be forced to continue making child support payments,” Sen. Smith said. “We’ve seen several instances where genetic testing proves a man is not the biological father of a child, but the court orders him to continue making child support payments. So this bill is simply a matter of fairness.”
In 2008, the state Family Support Division reported 33,810 children were born out of wedlock in Missouri, accounting for approximately 40% of all births in the state. Seven percent of all cases required action to determine paternity.
Under SB 141, the court is required to grant relief and set aside the previous judgment of paternity and child support if a genetic test disproves paternity. The court also must eliminate remaining child support payments, expunge any criminal non-support records, and order the Department of Health and Senior Services to modify the child’s birth certificate. The bill does not provide reimbursement for any child support payments made under a previous judgment.
“A number of states like Florida, Georgia and Ohio have already passed laws freeing men from financial obligations if they find they were deceived into parenthood,” Sen. Smith said. “If a non-biological father wants to continue supporting the child and wants to maintain that relationship, that’s wonderful, but he should not be forced to support someone else’s child.”
Senate Bill 141 now moves to the House for consideration.
April 3rd, 2009 at 11:33 AM
Finally, someone realizes the difference between actual and legal paternity, AND appreciates the difference. How can it be argued, as the Missouri child support office and the circuit attorneys and prosecutors who file their cases claim, that it is NOT always in the best interest of the child for a true determination of paternity to be made? Hopefully, the final law will provide a means for relief by authorizing motions to challenge these judgments of paternity and for an order requiring the parties to be tested.
May 5th, 2009 at 1:16 PM
The Non Biological father needs justice.
My son-in-law has been paying $450.00 per month for Child Support + $75.00 for Medical Insurance for the past 9 1/2 YEARS.
That’s alot of money! 114 months of Child Support x $450-00 = $51,300-00 PLUS 114 months of Medical Insurance x $75.00 = $8550.00 for a to date total of $59,850.00.
I paid for a DNA test to prove his possibility of being the Biological Father. The results came back as NEGATIVE with a 0% chance of him being the father. The mother admitted in court, that she had a real good idea he was NOT the father when she had the child & listed him as the father! The mother can not recieve any welfare support due to the fact a few years ago, she was convicted of a felony drug charge. So, She relies on the child support!
Even with this information, The county Judge stated, You’ve been the childs father this long, you WILL continue to be & You WILL pay child support! The Judge said that Missouri will not “Bastardize” a child. My son-in-law even said the child could keep his last name if wanted just to keep anyone from knowing or considering it as fatherless. He had been involved with the childs mother then they broke up due to her cheating on him. Then about 3 months later, she wanted to try to make things work between them…. They were together for 2 days when she asked him, if I was pregnant w/ another mans child, would you raise it as if it were your own? He replied NO! They then broke up that day (She admitted in court, that they never got back together after that break-up). Needless to say 1 week later she popped a positive pregnancy test. She listed him as the father. Child Support Enforcement ordered him to pay $450.00 per month plus pay for medical Ins. and there’s NOTHING he can do about it. Meanwhile, the childs mother boasts about how she screwed him & the system. She stated she picked him because she knew he would work & make good money vs the childs biological father. To date, Missouri Child Support Enforcement will not demand her for the true identity of the childs biological father.
The BAD part is, if he refuses to pay for someone elses child…. He will get sent to JAIL or PRISON! GREAT SYSTEM WE HAVE….NOT!!!!!
June 9th, 2009 at 3:13 AM
im wondering how to go thru with getting another d.n.a test since now i have found out that fraternal twins can have two fathers and also is there a independent company that tests twins seperate for real accuracy?