Legal Question in Family Law in Missouri

I may have a daughter that I was unaware of, she is now 15 years old. Unless the mother, who is married and her husband is on the birth certifcate, requests child support for the child am I obligated to pay child support? And if so, can or will it include arrears?


Asked on 10/11/09, 9:25 pm

2 Answers from Attorneys

Anthony Smith LawSmith

If the mother was married when the child was born, the law presumes her husband is the father. this presumption can be overcome by designation on the birth certificate and affidavit, and/or a DNA test result. under the facts you described, the mother's husband is the legal father until there is different find of paternity by a court. Until that happens, you have no legal obligation to provide financial support for the girl.

Good luck

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Answered on 10/13/09, 1:00 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I'm not so sure that this child was born after the child's mother married the other man. But, in any event, either you or the child or the mother can file a Petititon for Determination of Paternity. A DNA test would give everyone a pretty good idea if you are the biological father. At that point, it would be possible for a Court to Order you to pay child support and it could be made effective retroactively to the date the Petition was filed but not to the date the child was born. You should definitely consult with an attorney. If you do not already have an attorney, you may call me at the office for a free telephone consultation.

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Answered on 10/19/09, 12:02 am


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