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.
Missouri Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury
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How to fill out Instruction To Jury In A Paternity Case That The Amount Of Support Is Not A Question For The Jury?
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FAQ
Parents who are not married can establish legal paternity for a child by: Signing an Affidavit Acknowledging Paternity at the hospital when the baby is born. When both parents complete this Affidavit, the man becomes the legal father of the child and his name is placed on the child's birth certificate.
If a DNA test shows that the alleged father is the biological father, the judge will sign an Order of Filiation. An Order of Filiation establishes paternity, making the alleged father the legal father. Custody, parenting time, and child support decisions would then be made in the paternity case.
No, a parent cannot decline or waive child support obligations in Missouri. It's the duty of both parents to support their child, whether as a custodial parent or a parent sending monthly payments. Once the court has ordered child support, that order stands until it is terminated or modified.
Any child support obligation continues even if one or both parents remarry. The rationale is that parental duties do not end even if a parent enters a new marriage, so this new marriage isn't grounds for child support modification.
If both parents agree, the quickest method is for the parent receiving child support to provide a sworn statement of emancipation to the parent who pays child support. That statement is then filed with the court or FSE. A judge can grant the request without additional notification or court appearance.
A legal finding of paternity may be a court judgment or an acknowledgment of paternity, which is an affidavit signed by the parents to get the father's name on a child's birth certificate.
The new custody law in Missouri sets forth a rebuttable presumption that an award of equal, or nearly equal, parenting time is in the best interests of the child.
The failure of a parent to support a minor child that the parent is legally obligated to support is a crime in the State of Missouri. Nonsupport may be charged as a felony if the obligated parent fails to pay six months within a twelve-month period or has accumulated an arrearage in excess of five thousand dollars.