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.
1 Answer from Attorneys
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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