If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Arkansas Instruction to Jury in a Paternity Case: In a paternity case in Arkansas, the issue of child support is an important aspect to consider. However, it is crucial to understand that the determination of the amount of support is not within the jury's jurisdiction. The responsibility of determining child support lies solely with the court. The jury in a paternity case is instructed that they are responsible for deliberating on the matter of establishing paternity itself. The goal is to evaluate the evidence presented and reach a verdict regarding the biological relationship between the alleged father and the child. The jury's decision on this matter can have significant legal implications, such as establishing parental rights and responsibilities. It is important to note that the jury's ruling on paternity does not automatically dictate the amount of child support. The final determination of support is assessed separately by the court based on various factors such as the income of the parties involved, the child's needs, and any relevant state guidelines. Different types of Arkansas instructions to the jury in a paternity case regarding the issue of child support not being within their jurisdiction may include the following: 1. Arkansas Instruction PI27.00: This instruction explains to the jury that their primary focus is to determine the biological relationship between the alleged father and the child, emphasizing that the amount of child support is not a question for them. 2. Arkansas Instruction PI27.01: This instruction clarifies to the jury that although the establishment of paternity is crucial, it is a separate matter from determining child support. The court is responsible for calculating the appropriate amount of support based on specific guidelines and considerations. 3. Arkansas Instruction PI27.02: This instruction reinforces the jury's understanding that their deliberation should solely revolve around resolving the issue of paternity, reminding them that any determination regarding child support falls under the court's jurisdiction. These instructions help ensure that the jury remains focused on their assigned task and prevents confusion or potential errors in the decision-making process. By clearly stating that the amount of support is not their question to decide, the jury can concentrate on the evidence at hand, allowing for a fair and accurate determination of paternity, leaving the subsequent child support determination to the court.
