454.200. Duty to support, hearing to determine, evidence allowed, defenses allowed--paternity, how adjudicated.
Duty to support, hearing to determine, evidence allowed, defensesallowed--paternity, how adjudicated.
454.200. 1. If the obligee is not present at the hearingand the obligor denies owing the duty of support alleged in thepetition or offers evidence constituting a defense, the court,upon the request of either party, shall continue the hearing topermit evidence relative to the duty of support to be introducedby either party by deposition or by appearing in person beforethe court. The court may designate the judge of the initiatingcourt as a person before whom a deposition may be taken.
2. If the action is based on a support order issued byanother court, a certified copy of the order shall be received asevidence of the duty of support, subject only to any defensesavailable to an obligor with respect to paternity or to adefendant in an action or a proceeding to enforce a foreign moneyjudgment.
3. If the obligor asserts as a defense that he is not thefather of the child for whom support is sought and it appears tothe court that the defense is not frivolous, and, if both of theparties are present at the hearing or the proof required in thecase indicates that the presence of either or both of the partiesis not necessary, the court may adjudicate the paternity issue;otherwise, the court may adjourn the hearing until the paternityissue has been adjudicated.
4. In any proceeding under sections 454.010 to 454.360 inwhich paternity is at issue, the provisions of sections 210.822and 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