Paternity and Child Support Bills to Become Law
The governor yesterday (7/7) signed two measures addressing family and child support issues. Senate Bills 140 and 141, sponsored by Sen. Jeff Smith (D-St. Louis), will officially become law August 28.
Senate Bill 140 allows non-violent defendants in criminal non-support cases to receive education, vocational training, a work program assignment and/or substance abuse treatment, in an effort to encourage them to resume their child support payments. Successful completion of these court-ordered programs or resuming support payments may reduce or dismiss the charges or penalties against the defendant.
Currently, the crime of criminal non-support is a class D felony if the person owes more than $5,000 or has failed to pay six months of payments within the last 12-month period. Under SB 140, the crime will be a class A misdemeanor unless the total payment due is in excess of 12 monthly payments combined, in which case, it will be a class D felony.
Also receiving the governor’s signature is Senate Bill 141, which protects men from false paternity claims. First, the bill requires that a presumed father be notified of any civil proceedings used to determine paternity and informs him of his right to contest the presumption of paternity and request genetic testing.
In the event that DNA testing reveals false paternity, the court is required to relieve the individual of responsibility and set aside the previous judgment of paternity and his child support commitment. The court must also eliminate remaining child support payments, expunge any criminal non-support records, and order the Department of Health and Senior Services to modify the child’s birth certificate.
