Challenging Paternity: statute of limitations

Missouri's paternity disestablishment law, enacted in August 2009, allowed men who have been declared the father of a child by a court or the Division of Family Services to set aside (overturn) the finding of paternity and terminate child support and child support arrearages. Under this law, alleged fathers wishing to file such an action were given a 2 year "open season", where the action could be filed regardless of when the original child support order was entered. This period expired on December 31, 2011. On January 1, 2012, the statute of limitations took effect, and a paternity and child support order can only be set aside if the case is filed within 2 years of the entry of the original order. If not filed within that time, then relief under the statute is precluded.