Mom wanted defendant to pay child support. Based on mom’s representation to the Court that defendant was the father of the child, defendant accepted responsibility and was ordered to pay child support. Subsequent DNA testing revealed he was not the father, so defendant decided to stop paying child support. The state charged him for failing to pay child support, and after a trial, won. The Court ruled that the previous Court judgment that defendant was father and owed child support was all the state had to show to prove that defendant had a legal duty to continue paying child support.
State v. Buckler; No. 72794 (Mo. App. W.D., October 18, 2011).
Lessons learned:
- If there is any doubt whether the baby is yours then immediately seek out a DNA test.
- Once a Court Orders you to pay child support, the fact that you are actually not the father is not grounds to disobey a Court Order.
- To get out of the Court Order of child support, file a petition pursuant to Missouri Law section 210.854. When you get your day in Court, show your DNA test evidence that you are not the father and the Court will rule that you no longer owe child support. You will not be able to collect back any money already paid to support the child, but any criminal conviction for failure to pay child support will be expunged from your record.