SS SCS SB 141 -- PATERNITY DETERMINATIONS

SPONSOR:  Smith (Jones, 89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 12 to 0.

This substitute changes the laws regarding paternity and child
support.  In its main provisions, the substitute:

(1)  Requires a notification form to be attached to the delivery
of a paternity petition through service of process of the
individual's right to contest paternity and to request genetic
testing to prove or disprove paternity.  Petitions may be filed
in circuit court requesting a modification of an existing child
support or paternity judgment at any time prior to December 31,
2011.  After that date, the petition must be filed within two
years of the original judgment of paternity or support or of the
later judgment in the case of separate paternity and support
judgments;

(2)  Allows the court to order testing to determine paternity
with the costs paid by the petitioner if there is probable cause
to believe that the testing may result in a determination of non-
paternity;

(3)  Requires the court upon a finding of non-paternity to set
aside a child support judgment, nullify any existing child
support arrearage, and order the Department of Health and Senior
Services to modify the child's birth certificate unless it is in
the best interest of all parties not to do so;

(4)  Prohibits the recovery of moneys paid under previous court
orders and specifies that the provisions of the substitute do not
apply to the parent of any adopted child;

(5)  Requires a court to order the expungement of criminal
records for the offense of criminal nonsupport when the
petitioner was found not to be the biological parent of the
child; and

(6)  Requires, beginning December 31, 2010, the Family Support
Division within the Department of Social Services to annually
track and report to the General Assembly the number of cases in
which a court set aside a previous judgment under the provisions
of the substitute.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill provides better notice
by the service of process of new methods for determining
paternity.  Only DNA processes that rule out paternity with 100%
effectiveness are used.  The bill contains a statute of
limitations which is a reasonable compromise.

Testifying for the bill were Senator Smith; Mike Wright,
Prosecutor's Association; Chester Deans, Fathers Support Center;
and Mike Shoeridge.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that they are happy to
provide legal information upon request.

Testifying on the bill was Family Support Division, Department of
Social Services.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am