More Mayhem in GA Destined for MO?

In todays’ Atlanta Journal Constitution is the sad tale of Frank Hatley.  Who was relieved of his obligation to provide child support because he was found (via DNA) to NOT be the father of a child.

Unfortunantly, Mr Hatley is now in jail.  Why you ask?  Because he didn’t pay child support!  We know what your thinking..  “But, didn’t you just say he was found to NOT be the father and relieved of child support”?

Why yes, yes we did.  But the State of Georgia wants all the monies for child support that were paid BEFORE Mr Hatley was exhonerated.  And they want Mr Hatley to pay.  So Mr Hatley now sits in a Georgia jail.

We are wondering just how many lawyers, judges, child support enforcement officials in Missouri will follow the letter of the law (SB141) come August 28th when it goes into effect in Missouri.  Or in their quest for money they will ignore the truth just for a few more dollars into their coffers.

REF… “Court knew man jailed for a year for non-support was not child’s father“

SUCCESS!!!! SB141 IS NOW LAW

It’s been a long hard road for all of us.  Your emails, phone calls, “tweets” and efforts have finally paid off.  SB141 has been signed into law by Governor Jay Nixon.  Paternity Reform has Arrived in Missouri!

http://governor.mo.gov/actions/  Search for 141 and it will show you that the Governor has signed the bill.

We’re not entirely out of the woods yet, however.  When SB141 takes effect on August 28th, 2009 a veritable flood of legal action will begin.  And how the various judges in Missouri will implement SB141 in the courts has yet to be seen.

This is what we’re focused on now…  Waiting, Watching, and Recording if Missouri judges interpret “unless the court makes written findings of fact and conclusions of law that it is not in the best interest of the parties to do so” as an excuse to universally deny falsely accused men’s rights in Missouri.

So it’s a time of joy and concern.  But for right now we are one happy bunch of people.

And The Beat Goes On - In Georgia

With SB141 Pass and languishing in the Governors Office (You are writing, calling, emailing the Governor of Missouri to get him to sign the legislation, arn’t you?)…

The Beat Goes On in Georgia..  A man is being forced to pay for a child that isn’t his.  And this is in a state that was very early in passing Paternity Fraud Legislation.

Article and VIDEO is right here….

On to the Governors Office!

We are happy to report that the House Third Reading and Final Passage of SB141 - Paternity Reform in Missouri occured today!

The Listings from the Missouri House Website States:

“4/28/2009 - Truly Agreed To and Finally Passed”

We couldn’t agree more!

Now it’s time to move our attention to the Governors Office.  He needs to sign the bill into law!

To let Missouri Governor Jay Nixon know you support Paternity Reform in Missouri:

Office of Governor Jay Nixon

http://governor.mo.gov/contact/

P.O. Box 720
Jefferson City, MO 65102
(573) 751-3222

Getting Ready for the Floor of the House!

Wow!  A Flurry of activity yesterday (Tues 21 April 2009) which showed up on the Missouri House Website just minutes ago….

All in one day the following actions happenned:

4/21/2009       Voted Do Pass H Special Standing Committee on General Laws Committee
4/21/2009       Reported Do Pass H Special Standing Committee on General Laws Committee
4/21/2009       Referred to Rules Committee pursuant to Rule 25(32)(f)
4/21/2009       Hearing Conducted H Rules Committee
4/21/2009       Voted Do Pass H Rules Committee
4/21/2009       Reported Do Pass H Rules Committee

Now it’s on to the House Floor!  It’s time to write, call, email, and Twitter your Missouri State Representatives!  It takes their actions to get SB141 scheduled on the Calendar, Voted, and Passed!

House Hearing Held on Missouri Paternity Reform

A House Hearing was held today (April 14).  on SB141, the Paternity Reform bill in Missouri.  The entry in the House recordsstates “Hearing Scheduled H Special Standing Committee on General Laws Committee–(1:30 pm - HR 6)”

We’ll be updating this post once more information is available about any changes the House committe has made, or any other available information.

UPDATE 1 - The Missouri House Website is reporting the hearing has concluded.  More information as we receive it.  “Hearing Conducted H Special Standing Committee on General Laws Committee”

Now On to the House!

SB141 HAS PASSED in the Missouri Senate!

It’s time to move on to the House of Representatives!

The bill summary follows…..

Current Bill Summary

SS/SCS/SB 141 - This act modifies provisions relating to paternity determinations. In an action to determine paternity of a child, a notification form shall be attached to the delivery of the petition through service of process. The notification form shall prominently state in bold face type as follows: “Important Notice. If you do not respond to this action, a judgment of paternity may be entered against you and you may be ordered to pay child support, medical support or reimburse someone for support previously paid for the child. You have the right to contest that you are the father of the named child and you have the right to request genetic testing to prove whether or not you are the father.”

This act also provides that a petitioner may file a petition to challenge entry of a judgment of paternity and support upon filing an affidavit stating that evidence exists which was not considered before entry of judgment. Such petition shall also include either an allegation that genetic testing was conducted within the past 90 days using DNA methodology, was performed by an expert, and that the test results indicate the petitioner is not the child’s father or a request to the court for an order of genetic paternity testing using DNA methodology. The petition to set aside the judgment may be filed at any time prior to December 31, 2011. After that, the petition shall be filed within two years of the entry of the original judgment of paternity and/or support, whichever occurs later.

The court, after a hearing where all interested parties have been given an opportunity to present evidence and be heard and upon a finding of probable cause to believe the testing may result in a determination of non-paternity, shall order the relevant parties to submit to genetic paternity testing. The petitioner shall pay for the costs of testing.

The court shall grant relief, unless the court makes written findings of fact and conclusions of law that it is not in the best interest of the parties to do so, and enter judgment setting aside the previous judgment of paternity and child support, including a previous acknowledgment of paternity, extinguish any existing child support arrearage, and order the Department of Health and Senior Services to modify the child’s birth certificate accordingly upon a finding that the genetic test was properly conducted, accurate, and excludes the petitioner as the child’s father.

In addition, any petitioner may apply for expungement of criminal nonsupport records to the court in which the petitioner pled guilty or was sentenced. Such expungement shall only apply to records for criminal nonsupport of a child or children for which the petitioner was found not to be the biological father.

The provisions of this act shall not apply to grant relief to the parent of any adopted child nor shall such provisions be construed to create a cause of action to recover child support or state debt previously paid under court order. The petitioner shall not have a right for reimbursement of any monies paid previously under said order.

Beginning in 2010, the family support division shall track and report to the general assembly the number of cases known to the division in which a court, within the calendar year, set aside a previous judgment of paternity and support under the provisions of this act.

Maybe Today, Maybe Tomorrow

Finally SB141, the bill that would implement Paternity Reform in Missouri is about to be heard in the Missouri Senate and Voted on.

In the afternoon Today (March 31) or tomorrow (April 1, yes we know) there should be floor debate and hopefully a vote to pass..  Then on to the Missouri house of Representatives.

We will update this article later in the day on March 31 to keep you up to date.

March 18, 2009 - The Missouri Senate Considers SB141

UPDATE - URGENT - NEW SCHEDULE HAS SB141 ON THE MISSOURI SENATE DOCKET FOR MONDAY, MARCH 23.

WATCH FOR OUR TWITTER UPDATES AND EMAIL, CALL, OR FAX YOUR MISSOURI STATE SENATOR RIGHT NOW AND TELL THEM TO SUPPORT AND VOTE FOR SB141.

On March 12, 2009 the Paternity reform bill (SB141) was placed on the Missouri Senate Calendar under the heading “SENATE BILLS FOR PERFECTION”. for March 18th, 2009.

What this means is the Missouri Senate will Debate and Vote on whether the State of Missouri will reform antiquated Paternity Laws and correct the injustices caused by the current state of law in Missouri.

THIS IS THE TIME TO ACT!  YOU NEED TO WRITE, EMAIL, FAX, AND CALL YOUR MISSOURI STATE SENATORS AND REPRESENTATIVES NOW!

We know you’ve been doing your part so far.  We’ve heard from many of you, other have posted comments here.  And we’ve also been talking with State Senators and Representatives ourselves.  Paternity Reform in Missouri can happen and it can happen now.  But we all have to do our part and let our legislators know that you support SB141!

In the LINKS section on the right are contact lists for your Missouri State Senators and Representatives.  We’re also using Twitter to broadcast this information as well.  You can follow us on Twitter.  Our ID on Twitter is MakeTheRealDadP

SB141 Activity in the Missouri Senate

ALERT - SENATE DEBATE and VOTE SCHEDULED

Calendar Position 24 on March 18, 2009

SB141 STATUS FROM THE MISSOURI SENATE WEBSITE

The Missouri Senate Committee on General Laws has voted “Do Pass” on SB141.  The bill that would help end Paternity Fraud in Missouri.  After we received the great news that the bill is moving forward in the Senate the following Press Release was received from State Senator Jeff Smith’s office in Jefferson City:

JEFFERSON CITY — A Senate panel is considering a bill (Senate Bill 141) proposed by Senator Jeff Smith, D-St. Louis, that supports a non-custodial father’s right to challenge paternity judgments in instances where new DNA evidence reveals the petitioner is not the child’s father. The bill is under consideration by the General Laws Committee.

Under the proposed legislation, a father excluded as a child’s biological father through DNA testing could be relieved of child support payments and have criminal non-support records expunged.   “This is about restoring justice for men who, often for reasons beyond their control, have found themselves legally obligated to support children who are not theirs,” Smith said.

Smith’s proposal also reforms the notification process for contacting men who have had a paternity judgment entered against them, and it increases the time a defendant has to challenge paternity.  “Given St. Louis’s large transient population — nearly one-third of St. Louis public school students are homeless at some point during the school year, for instance — one can imagine how difficult is it to notify fathers of paternity under the current law that allows only 60 days for fathers to contest judgments,” Smith said. “Often, these defendants are low-income men who are not easily reached, or unfamiliar with the process or their rights, and a judgment of paternity is issued before they have a chance to respond or question paternity.”

During a public hearing on Tuesday (2/3), several St. Louis presumed fathers who were cleared of paternity, along with representatives from the Fathers’ Support Center in St. Louis, testified in support of Smith’s proposed legislation. “The FSC does an excellent job protecting fathers’ rights and helping them get their lives back on track,” said Smith….

Now it’s time for more of YOUR HELP!  Call, Write, or Email your Missouri State Senator NOW to encourage them to move this bill to the floor of the Senate and get it passed!