Legal Question in Family Law in Missouri
Paternity/Support
My son was on visitation with his daughter in Missouri, and was informed by his ex-wife just before leaving to come back to TN, that his daughter was probably not even his. I called & asked her about it, she laughingly told me the same & confessed it could be one of two other men. He called her back & said he wanted a DNA test. She quit answering her phone & it was later disconnected. She's also much like a Gypsy, not resided anywhere for too long. So, for 7 months nothing! Dropped of the map! He's called Nashville, TN every month to see if he is in arrears for support, they've told they've heard nothing, he's received a reference number everytime he's called. He finds out today that his check is being garnished for back child support through the state she resides in. He doesn't have a problem with paying, however he wants to know if it's his child or not; if it isn't, what are his legal rights if any. They were not married when she became pregnant, but married a few short months before her daughters birth (here in TN). Is he legally entitled to have a DNA test done? He only makes $8 an hour, can they legally charge him nearly $500 a month (includes back support) when she is the one who dissappeared? Can it not be lowered? Help!
2 Answers from Attorneys
Re: Paternity/Support
Your post does not include sufficient facts upon which to base a response. Was you son divorced from this woman in Tennessee? If so, then there is a Court Order in that state which might be subject to modification. If so, your son should consult with a lawyer in that state for legal advice. On the other hand, if the divorce and existing Court Order were entered here in Missouri, then a Missouri lawyer should be able to provide advice and service if appropriate. You may call me for a free telephone consultation at 314-727-2822.
Re: Paternity/Support
1. Your son does have a legal right to insist on a paternity test. If he is not the biological father, then he may be able to get the child support obligation dismissed. Until the biological father is found, he may be the legal father of his daughter. 2. If your son is making $8/hour, then no state can garnish $500/month from his salary under constitutional due process. You should go to my website at http://riskmgmt.biz/visitation.htm and http://riskmgmt.biz/briefii.htm to see examples of legal pleadings your son could file. He would not file either of these two; instead, he would need to file a petition to modify his child support arrearage and monthly obilgation as well as a motion to compel compliance with a DNA test.
Michael A. S. Guth
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