2009 Missouri Revised Statutes
Title XXX DOMESTIC RELATIONS
Chapter 454 Enforcement of Support Law
454.200. Duty to support, hearing to determine, evidence allowed, defenses allowed--paternity, how adjudicated.

Duty to support, hearing to determine, evidence allowed, defenses allowed--paternity, how adjudicated.

454.200. 1. If the obligee is not present at the hearing and the obligor denies owing the duty of support alleged in the petition or offers evidence constituting a defense, the court, upon the request of either party, shall continue the hearing to permit evidence relative to the duty of support to be introduced by either party by deposition or by appearing in person before the court. The court may designate the judge of the initiating court as a person before whom a deposition may be taken.

2. If the action is based on a support order issued by another court, a certified copy of the order shall be received as evidence of the duty of support, subject only to any defenses available to an obligor with respect to paternity or to a defendant in an action or a proceeding to enforce a foreign money judgment.

3. If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and, if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue; otherwise, the court may adjourn the hearing until the paternity issue has been adjudicated.

4. In any proceeding under sections 454.010 to 454.360 in which paternity is at issue, the provisions of sections 210.822 and 210.834, RSMo, shall apply.

(L. 1959 S.B. 118, A.L. 1982 S.B. 468, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508)

Effective 7-1-94

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