210.828. Statute of limitations, exception — notification form required, when. — 1. An action to determine the existence of the father and child relationship as to a child who has no presumed father under section 210.822 may not be brought later than eighteen years after the birth of the child, except that an action to determine the existence of the father and child relationship as to a child who has no presumed father under the provisions of section 210.822 may be brought by the child within three years after such child attains the age of eighteen.
2. A parent's retroactive liability to another party for reimbursement of necessary support provided by that party to the child for whom a parent and child relationship is established under sections 210.817 to 210.852 is limited to a period of five years next preceding the commencement of the action.
3. Sections 210.826 and 210.828 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.
4. In an action to determine the existence of the father and child relationship under this section, a notification form, as specified in this subsection, shall be attached to the delivery of the petition through service of process. The notification form shall prominently state in boldface 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 provided 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.".
Notes of Decisions
Cited in
17
cases, 1992–2017 · leading case:
Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010).
Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010).
· cites it 3× “Section 210.828 provides as follows: 1. A signed acknowledgment of paternity form pursuant to section 193.”
LeSage v. Dirt Cheap Cigarettes & Beer, Inc., 102 S.W.3d 1 (Mo. 2003).
· cites it 4× “Section 210.828 provides that "[a]n action to determine the existence of the father and child relationship as to a child who has no presumed father under section 210.”
Martin v. Obiakor, 992 S.W.2d 201 (Mo. Ct. App. 1999).
· cites it 11× “1993) and its interpretation of the UPA, specifically Section 210.828 RSMo. (1994), the only pre-petition child support available in paternity actions is reimbursement for necessaries, not an award of support based upon the gross income of.”
Schulze Ex Rel. Schulze v. Haile, 840 S.W.2d 263 (Mo. Ct. App. 1992).
· cites it 3× “The UPA, under Section 210.828(2), RSMo Supp.1991, discusses a parent’s retroactive liability for reimbursement of necessary expenses.”
Gould v. Dickens, 143 S.W.3d 639 (Mo. Ct. App. 2004).
· cites it 3× “400, RSMo 2000, and violating Mother’s rights to due process and equal protection by entering a parenting plan which restricted Mother’s overnight visitation with RLG to when Mother’s partner, Ty Ruth, does not occupy a bedroom with Mother in the same household as RLG because…”
Johnson v. Akers, 9 S.W.3d 608 (Mo. 2000).
· cites it 2× “4 While section 210.828 of Missouri’s Uniform Parentage Act (UPA) permits an action to be brought to determine the existence of the father and child relationship as late as within three years of a child’s eighteenth birthday, it also provides that such an action does not “extend…”
Richie ex rel. Richie v. Laususe, 892 S.W.2d 746 (Mo. Ct. App. 1994).
“On October 21, 1993, plaintiffs responded, arguing that Wife and Ashley are not proper parties to the action and therefore have no standing to intervene and that the UPA’s eighteen-year statute of limitations, § 210.”
Ruhl ex rel. Axe v. Ruhl, 401 S.W.3d 553 (Mo. Ct. App. 2013).
· cites it 2× “Obiakor, in which the Eastern District held that “[a] party seeking an award of pre-petition support in an action filed under the UPA could request either reimbursement for necessaries under Section 210.828 or an award of child support calculated based upon the gross income of…”
Adams ex rel. Northcutt v. Williams, 838 S.W.2d 71 (Mo. Ct. App. 1992).
“The judgment or order may direct the father to pay the reasonable expense of the mother’s pregnancy and confinement.”
State ex rel. B.A.W. ex rel. Warner v. Zupan, 901 S.W.2d 250 (Mo. Ct. App. 1995).
· cites it 2× “1 Otherwise, the limitation before the 1993 amendments was 18 years pursuant to section 210.828. The 18 year limitation had not expired at the time the present action was filed.”
Adoption of N.L.B. v. C.L., 274 S.W.3d 619 (Mo. Ct. App. 2009).
· cites it 2× “On March 2, less than a week after the hearing, father now well aware that adoption proceedings had commenced, filed with the putative father registry pursuant to section 210.828, and mother signed the documents as well confirming that [C.”
— Mo. Rev. Stat. § 210.828(2) — 1 case
Schulze Ex Rel. Schulze v. Haile, 840 S.W.2d 263 (Mo. Ct. App. 1992).
“The UPA, under Section 210.828(2), RSMo Supp.1991, discusses a parent’s retroactive liability for reimbursement of necessary expenses.”
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