Legal Question in Family Law in Missouri

An affair = paternity

My husband had an affair 10 1/2 years ago. The girl became pregnant. Neither wanted to do anything about it. Now the mother has gone on welfare and the state of MO required her to give out the information. So my husband had to go through paternity testing - no results yet. She says she still does not want anything, no money support either. My question is will the judge allow there to be no support? Even if both parties agree? Also would my income be considered in the payment amount? I just recently bagan work, to make ends meet, we live paycheck to paycheck as it is. Also all the the calculators for support never ask about rent/motagage, other children (we have four of our own together). We have no money to spare, would all of those everyday expenses be considered? Also would my husband giving up his parental rights make any difference? We basically want her and her child out of our life and away from our four children - no phone calls, no letters nothing. And the mother is OK with that. Is any of this possible? We can't even afford a lawyer.


Asked on 9/04/04, 5:03 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: An affair = paternity

Greetings -

The State of Mo is attempting to recover welfare

benefits paid to the lady. This is strictly

a money recovery situation and this will not

stop should it be determined that your husband

cannot be excluded from paternity. To answer your

questions, the money issue cannot be waived by

the lady, but your income cannot be considered

in computing the amount of child support necessary, if it is determined that your husband

is the father of the child. At this point relinquishing his parental rights, if it is his

child, will not help, because remember the State

of Mo is trying to recover the money that it has

already paid to this lady in welfare benefits. If

your husband questions whether he is in fact the

father of this child, he should fight it!! There

currently is no test that can say with 100%

accuracy who the father of a child is and your

husband is entitled to a trial, if he is not

excluded from paternity. I will be happy to

answer any additional questions that you might

have. There is a three step approach to getting

started in a matter like this. Remember to stay

calm. If your husband is determined to be

the father of this child, his child support

responsibilities will not be over, until the child

reaches the age of 18. Therefore the issue

of whether he is the father is very important.

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Answered on 9/06/04, 3:38 am


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