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!

Missouri Senate Makes Progress on SB141 - Paternity Fraud Legislation

This week Missouri Senate Bill 141 (SB141) progressed further in the Missouri Senate.  The Fiscal Notes and an initial Hearing in front of the General Laws Committee occured.

We’ll post more information as it’s received.  Of particular note is that the Fiscal Notes (which indicates potential costs to proposed bills) is IDENTICAL to the Fiscal Note from last years House Bill.  To summarize the Fiscal Note:

The Attorney Generals Office expects no financial costs

The State Courts Administrators Office expects no financial costs

The Department of Health and Senior Services expects no financial costs

The Department of Social Services - Family Support Division anticipates costs IDENTICAL to last years projections.  Of particular interest is when you drill down through the assumptions the costs that they do estimate seem to be either temporary or taken against future revenues.  That is to say that DSS-FSD anticipates no increases in staff or facilities to be required and that the direct losses of revenues they expect would be recovered in the future when they Make the Real Dad Pay.  Although, they don’t state it exactly that way in the Fiscal Note.

The Kansas City Star Covers Kansas, but not Missouri Paternity Reform

The Kansas City Star covered the effort in the Kansas Legislature to rid their state of paternity fraud.  But searching their website fails to see where they’re covering the effort in Missouri.

Fortunantly, one of our members posted comments on the stories!  Thank You!

The stories are:

‘Presumed father’ issue

Kansas bill aims to fix ‘presumed father’ quandary

Mo Senator Jeff Smith submits SB141 in Missouri

Third Try at Bat for Paternity Fraud Victims in Missouri

On December 22, 2008 Missouri State Senator Jeff Smith (D 4th District) introduced SB141 for the 2009 Legislative Session of the Missouri Senate.

SB141 is essentially the same as HB 2322 (2008) and the MakeTheRealDadPay.org model legislation for Missouri.  The official summary (from the Missouri State Senate Website) states:

“SB 141 - This act provides that a petitioner may at any time file a petition to challenge entry of a judgment of paternity and child 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 a 99% or greater probability that 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 court shall grant relief 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 indicates a 99% or greater probability that the petitioner is not the child’s father. The provisions of this act shall not apply to grant relief to the parent of any adopted child.”

This isn’t perfect legislation..  But it’s very good and passable legislation that will free the victims of Paternity Fraud in Missouri.  MakeTheRealDadPay.org is wholeheartedly in favor of SB141 and you should be too.

Missouri Supreme Court Denies DNA Paternity Proof

Recently Cynthia Fox wrote in the St. Louis Suburban Journals that — “Not long ago, Missouri’s Supreme Court, in a 4-3 decision, handed down a potentially significant decision in a case that began as a simple paternity matter, but evolved into a criminal case where fundamental tenets of American law such as the presumption of innocence and guilt beyond a reasonable doubt came under question.”

The case is extreme, but in real life it boils down to a man was found to be the father of a child that wasn’t his.  He had a civil judgement against him.  A prosecuting attorney brought a crimminal case against the man for non-support.  And the Supreme Court of the State of Missouri denied this man the opportunity to have a DNA test exhonerate him.

Near the end of her article Ms. Fox stated, “As someone who has chased after many a deadbeat dad, my first reaction was: “Yahoo, the ‘good guys’ won!” Yet, as the case lingered in my mind, that changed to: “But, at what price?” Three Supreme Court judges dissented, including Chief Justice Wolff. Their concern was that the presumption of innocence accorded criminal defendants and the requirement of proof beyond a reasonable doubt were being set aside.”

What isn’t said in this article that in both 2007 and again in 2008 bills were introduced in the Missouri House and Senate that would have ended Paternity Fraud in Missouri.  These laws would Make the Real Dad Pay while protecting innocent men who are being bankrupted by a broken legal system.

It’s time to call your State Representative, Write your State Senator, and demand that Missouri join the many states who now are more concerned with Making the Real Dad Pay instead of persecuting innocent families.

Paternity Fraud an Injustice to the Children Involved

In a story in the Kansas City Star a day ago, another in the STL Post Dispatch a month ago, 290 days ago KC Channel 4, and more and more news stories about the legalized theft caused by paternity fraud in Missouri….

Missouri’s antiquated laws are denying Truth and Justice when it comes to defrauding families via Paternity Fraud.

A man in Kansas City seperated from his wife… 18 months later she bears a child from another man… She states IN COURT that her husband IS NOT THE FATHER… But that (and a DNA Test proving it) isn’t enough in Missouri….

That man, defrauded by antiquated Missouri Laws is now in jail because he is innocent. Many hundreds of families are being affected each year.. Being told it does not matter what the truth is. They’re convenient, and the govenment can take their hard earned money.. Denying the victims own children of a better lifestyle, robbed of their college savings, being forced to live in substandard conditions, being denied the benefits of their own families hard work because of Paternity Fraud in Missouri.

Call or email your legislators and tell them you support the protection of innocent families by people who promote paternity Fraud in Missouri.