SS SCS SB 141 -- PATERNITY DETERMINATIONS

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

(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 a 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, whichever
occurs later;

(2)  Allows the court to order genetic 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 previous paternity and/or 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 bill do not apply
to the parent of an 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 January 1, 2010, the Family Support
Division within the Department of Social Services to track and
submit an annual report by December 31 to the General Assembly on
the number of cases in which a court set aside a previous
judgment under the provisions of the bill.

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