According to the Missouri Department of Social Services, establishing paternity is the process utilized to determine whether or not a man is a child’s biological and legal father. This must be completed before a child support order is established.
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 the parents do not complete the Affidavit at the hospital, they still have time to do so. Contact the Department of Health and Senior Services Bureau of Vital Records or the Family Support Division (FSD) to receive an Affidavit or for help in completing one;
- Obtaining an order naming the man as the father of the child; and
- When the mother is married, but not to the father of the child, the mother, and her husband will need to fill out the Husband’s Denial of Paternity, which is part of the Affidavit Acknowledging Paternity. If the husband is not cooperative or his location is unknown, the married mother may need to apply for Child Support services to assist with obtaining an order that establishes paternity.
Furthermore, if paternity has not been established, you can receive free paternity testing through the Family Support Division. Paternity testing (also known as DNA testing or genetic testing) involves a simple swipe of a swab inside the cheek of the child, the mother, and the man. The samples are then transferred to a laboratory for testing. If the results of the genetic test show at least a 98 percent probability that the man is the father, then the man is the presumed father under Missouri law.
It is crucial to note that genetic testing alone does not establish legal paternity. Parents must complete an Affidavit Acknowledging Paternity or obtain an order naming the man as the father of the child as well.
What if I Do Not Have a Child Support Order?
The Family Support Division (FSD) establishes child support orders in Missouri. Usually, a child support order mandates a parent to provide monthly cash payments and health insurance to support his or her child. When determining a monthly child support amount, FSD uses the child support guidelines set by the Missouri Supreme Court. These guidelines consider both parents’ incomes and child-related expenses.
Moreover, to request the Family Support Division (FSD) to review your child support order, you must submit a written request to FSD. Federal regulations require FSD to review child support orders upon request to determine if the support amount should be adjusted or if a medical support obligation is needed.
Furthermore, a modification review is appropriate when the order was entered, modified, or reviewed for modification at least 36 months ago, unless there has been a substantial alteration in circumstances to justify an earlier review. The review will determine if the support amount should be adjusted (up or down) or if a medical support obligation is needed.
How Does the Child Support Application Proceed?
If a custodial parent, a parent with whom the child resides the majority of the time, wishes to seek a child support obligation from the non-custodial parent, they can contact the local FSD office. This should be done in the county in which the custodial parent and the child reside. They can then request an application to establish a child support order.
The local county office contacts can be found on the Missouri Child Support County Offices website. The Family Support Division can also assist in locating a missing parent and establishing paternity. The FSD can even arrange for genetic testing if the father is unconfirmed. Furthermore, if the child receives public assistance, including Medicaid health insurance, then the FSD will automatically establish a child support and medical support order.
The custodial parent will be requested to provide the following information:
- Name and information regarding the non-custodial parent;
- Children’s names, dates of birth, and social security numbers;
- Proof of paternity: Marriage, paternity affidavit (typically signed at the hospital), DNA test results, etc., including any legal documentation; and
- Employment and financial information.
The following are some factors that the hearing officer may take into account in his or her decision:
- Current employment and previous employment history;
- Unemployment benefits;
- Social Security benefits;
- Veteran’s benefits;
- Temporary Assistance for Needy Families (TANF);
- Food stamps and Supplemental Security Income (SSI) benefits are precluded by FORM 14 guidelines;
- Disability, felony convictions, etc. In many situations, the hearing officer can impute wages even if the person is not currently employed;
- Additional children in the home;
- Alimony payments;
- Additional child support obligations;
- Health insurance costs provided for children;
- Visitation time with the children; and
- The hearing officer does not typically consider information regarding mortgages, rent, car payments, debts, etc.
How is a Child Support Order Modified?
Furthermore, the Missouri Courts explain what the process is for modifying a child support order.
After three years, either party may request that the FSD review a child support order, whether it was originally a judicial order or an administrative order. However, either party can request a review for modification before that time if the party can demonstrate a substantial and ongoing change in circumstances that would justify a modification of the order.
Examples of such circumstances include a 20% or more change in income, disability, changes in the child’s needs (such as medical condition), or changes in visitation or custody of the child.
For a party to seek a modification of the child support, they should draft a letter that includes the following information:
- Custodial parent’s name, the other parent’s name, and the children’s names;
- Case number or IV-D number, which is the identifying number given to a case by the FSD. If you cannot locate this number, you may include your social security number;
- Reason for modification. Examples: Unemployed, change in income, fewer hours at work, child’s needs have changed, etc;
- Provide a valid phone number and address;
- Sign and print name; and
- Date of request.
This letter must be mailed or faxed to the FSD office in the Missouri county in which the original order was decreed or registered. Again, the local office can be discovered on the Missouri Child Support County Offices website. Once the FSD receives the request, they will review the case and determine if a modification is applicable. If so, they will notify both parties of the new presumed child support amount, and both parties will have an opportunity to request an administrative hearing.
Lastly, this procedure resembles the one followed in the establishment of a child support order. The hearing must be requested within thirty days of receiving the notice, or the right to a hearing is considered waived. Hearings are held by the Division of Legal Services, Administrative Hearings Unit, and are scheduled two to three months from the time the hearing is requested. Missouri child support lawyers are available to search through these county websites and other legal aid services in Missouri.
When Do I Need To Contact a Lawyer?
If you reside in Missouri and need child support services, do not hesitate to contact your Missouri child support attorney to guide you through your case.
