Until recently, paternity law in Missouri allowed a presumed father only one year to challenge the presumption. Moreover, a presumed father had to establish fraud to avoid a continued duty to make child support payments; that is, he had to prove that the woman lied to him about being the father. If he did not make a timely challenge, he was obligated to continue making payments until the child turned 18, even if DNA evidence proved he was not the father.

That was the past, though. A new law took effect in August 2009 that grants men broader access to petition courts for DNA testing and to vacate paternity judgments against them.

Doing so is not free, and that has likely been a contributing factor that has kept filings to a number beneath what the courts have exptected to see thus far. "We thought there would be a flood of them," says Jackson County Family Court Commissioner Patrick W. Campbell. "They just haven't come yet."

The up-front cost to get a case into court can be over $1,000, but whatever amount is laid out for DNA testing, case filing fees and, thereafter, attorney fees, pales when considering the potential savings involved in not paying child support for 18 years.

The new law provides that any man now paying support can challenge paternity until December 31, 2011. Following that date, a man will have two years to do so after a paternity judgment or support order has been entered.

Family law experts note that a man who is not the father of a child can still be ordered to pay support under the new law. Under the prior law, "the best interests of the child" was the overriding standard in paternity cases. The new law changes that to "in the best interests of the parties," which is a balancing test of competing interests. That standard has yet to be ruled upon in a contested case in Missouri, although an upcoming paternity hearing under the new law is scheduled for a Missouri man in October.

The paternity laws in Missouri are obviously in flux and somewhat complex, with new standards and important deadlines to note. Persons seeking to establish paternity or defend against it should contact an experienced family law attorney.

Related Resource: www.kansascity.com "Challenging child support payments has become easier under new Missouri law" September 8, 2010