§ Petition to Set Aside Judgment of Paternity and Support
Petition to Set Aside Judgment of Paternity and Support
[Publisher's note: Referenced interactive forms can be accessed at www.selfrepresent.mo.gov]
In what Missouri county will this case be In the Circuit Court of MISSOURI
filed? (This should be the same county in
which the original judgment was entered)
If this is an amended petition, what is the case Case Number Division Number
number of the pending case?
The Parties (1) I am filing this case and I am the PLAINTIFF. My name is:
______________________ ____________ _________________ _________
(First Name) (Middle Name) (Last Name) (Jr/Sr/III)
(2) The child(ren)'s mother is a DEFENDANT in this case and her nameis:
______________________ ____________ _________________
(Mother's First Name) (Middle Name) (Mother's Last Name)
(3) The following men are DEFENDANT(S) in this case. Either they--
• were married to the mother of the child(ren) listed below in (4) at the time of each child's birth, or
• were married to the mother of the child(ren) listed below in (4) within 300 days prior to each
child's birth, or
• are considered “presumed” fathers of the child(ren) listed below in (4) pursuant to § 210822,
RSMo.
(They will be referred to as “First Presumed Father” and “ Second Presumed Father” on these
forms)
a. __________________ ____________ _________________ _________
(First Name) (Middle Name) (Last Name) (Jr/Sr/III)
b. __________________ ____________ _________________ _________
(First Name) (Middle Name) (Last Name) (Jr/Sr/III)
(4) I am NOT the father of the following minor children who are also DEFENDANT(S) in this case:
a. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
b. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
c. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
d. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
e. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
f. ________________________________________ Birth Date: __________
(Child's full name as it appears on the birth certificate) (mm/dd/ yyyy)
(5) Family Support Division is also a DEFENDANT in this case.
Petition to Set Aside Judgment of Paternity and Support--Page 1 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
(1) Your 6. My mailing address is:
Information
(Plaintiff) _______________________________________________________________
(Street)
_________________________ __________________ _________________
(City) (State) (Zip)
________________________ ______________________________________
(Telephone Number) (E-Mail Address)
7. [ ] This is the first petition I have filed in this case (OriginalPetition)
[ ] This is the second petition I have filed in this case.
[ ] This is the third petition I have filed in this case.
8. The last four numbers of my Social Security Number are: XXX-XX-__________
9. I am __________ years old.
10. I reside in the Country of __________.
11. I reside in the State of __________.
12. I reside in the County of __________.
Case
Information
13. I want to set aside a judgment that was entered in the Circuit Court of __________(Location of Court)
on __________(Date of Judgment) in case number __________.
14. Evidence exists which was not considered before the entry of the above judgment.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
15. Check one of the following two boxes:
[ ] Genetic testing was conducted within 90 days prior to the filing of this petition using DNA
methodology to determine the probability or improbability of paternity. This test was performed by
an expert as defined in § 210.834, RSMo. The test results are attached hereto and indicate that I
have been excluded as the children's father.
[ ] I request the court enter an order of genetic paternity testing using DNA methodology.
Petition to Set Aside Judgment of Paternity and Support--Page 2 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
(2) Mother's 16. Mother's mailing address is:
Information
Defendant) _______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
________________________ ______________________________________
(Telephone Number) (E-Mail Address)
17. The last four numbers of Mother's Social Security Number are:
XXX-XX-__________.
18. Mother is _____ years old.
19. Mother resides in the Country of __________.
20. Mother resides in the State of __________.
21. Mother resides in the County of __________.
22. [ ] Mother is NOT on active duty in the United States military.
[ ] Mother is on active duty in the United States military.
23. [ ] Mother has signed a verified “Answer to Petition for Declaration of Non-Paternity” which is being
filed with this petition. Therefore, do not issue a summons.
[ ] Mother should be served at her residence.
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] Mother should be served at her place of employment.
_______________________________________________________________
(Name of Employer)
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] Service by publication. I don't know where Mother is and I have no way of locating her. Therefore,
I am requesting that she be served bypublication.
[ Other method of service:
] ____________________________________________________________
Petition to Set Aside Judgment of Paternity and Support--Page 3 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
(3a) This is the person named on line 3a on the first page of this.
Information petition
about the 24. First Presumed Father's mailing address is:
First
Presumed _______________________________________________________________
Father (Street)
(Defendant)
_________________________ ___________________ _________________
(City) (State) (Zip)
________________________ ______________________________________
(Telephone Number) (E-Mail Address)
25. The last four numbers of First Presumed Father's Social Security Number are:
XXX-XX-__________
26. First Presumed Father is _____ years old.
27. First Presumed Father resides in the Country of __________.
28. First Presumed Father resides in the State of __________.
29. First Presumed Father resides in the County of __________.
30. [ ] First Presumed Father is NOT on active duty in the United States military.
[ ] First Presumed Father is on active duty in the United States military.
31. [ ] First Presumed Father has signed a verified “Answer to Petition for Declaration of Non-Paternity”
which is being filed with this motion. Therefore, do not issue a summons.
[ ] First Presumed Father should be served at his residence.
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] First Presumed Father should be served at his place of employment.
____________________________________________ __________________
(Employer's Name--if applicable) (Hours of Employment)
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] Service by publication. I don't know where First Presumed Father is and I have no way of locating
him. Therefore, I am requesting that he be served by publication. I have filed an Affidavit for
Service by Publication and a Notice of Publication.
[ Other method of service:
] ____________________________________________________________
Petition to Set Aside Judgment of Paternity and Support--Page 4 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
(3b) This is theperson named on line 3b on the first page of this.
Information petition
about the 32. Second Presumed Father's mailing address is:
Second
Presumed _______________________________________________________________
Father (Street)
(Defendant)
_________________________ ___________________ _________________
(City) (State) (Zip)
________________________ ______________________________________
(Telephone Number) (E-Mail Address)
33. The last four numbers of Second Presumed Father's Social Security Number are:
XXX-XX-__________
34. Second Presumed Father is _____ years old.
35. Second Presumed Father resides in the Country of __________.
36. Second Presumed Father resides in the State of __________.
37. Second Presumed Father resides in the County of__________--
38. [ ] Second Presumed Father is NOT on active duty in the United States military.
[ ] Second Presumed Father is on active duty in the United States military.
39. [ ] Second Presumed Father has signed a verified “Answer to Petition for Declaration of
Non-Paternity” which is being filed with this motion. Therefore, do not issue a summons.
[ ] Second Presumed Father should be served at his residence.
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] Second Presumed Father should be served at his place of employment.
____________________________________________ __________________
(Employer's Name--if applicable) (Hours of Employment)
_______________________________________________________________
(Street)
_________________________ ___________________ _________________
(City) (State) (Zip)
[ ] Service by publication. I don't know where Second Presumed Father is and I have no way of
locating him. Therefore, I am requesting that he be served by publication. I have filed an Affidavit
for Service by Publication and a Notice of Publication.
[ Other method of service:
] ____________________________________________________________
Petition to Set Aside Judgment of Paternity and Support--Page 5 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
(5) Family
Support
40. Summons to issue to be served on:
Division Director, Family Support Division
615 Howerton Court
Jefferson City, Missouri 65102
41. The child(ren) have lived with the following persons at the following address(es) during the past five
years. (State the dates at each address)
Additional
Information _______________________________________________________________
about the
Children _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
42. Check all boxes that apply to your case.
[ ] Someone other than me or the other parent has physical custody of one or more of the child(ren) or
claims to have custody or visitation rights with respect to one or more of the child(ren).
[ ] There are other custody proceeding(s) concerning one or more of the child(ren) pending in a court
of this or another state.
[ ] I have participated in other litigation concerning the custody of one or more of the child(ren) in this
or another other state.
[ ] One or more of the child(ren) has been a victim of abuse or neglect.
43. Explanation: (If you checked any of the boxes in paragraph 42, please explain in detail here.)
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Petition to Set Aside Judgment of Paternity and Support--Page 6 of 7
Form CAFC304-01/01/ This form is available for free at www.selfrepresent.mo.gov
2011
Request for THEREFORE, I am requesting that the court
Relief Set aside the judgment described in Paragraph 13 ofthis Petition.
&TLRboxx; Declare that I am not the father of the children listed in Paragraph (4) of this Petition
&TLRboxx; Appoint a guardian ad litem for the children listed in Paragraph (4) of this Petition.
I also request the following relief:
[ ] I am without sufficient funds to pay for my attorney and I request that the other party pay my
attorney's fees for this case.
[ ] Other (Please state the other requests)
_______________________________________________________________
_______________________________________________________________
Plaintiff, being of lawful age and duly sworn on his oath, states that he is the plaintiff named above and that the facts stated in this Petition to Set Aside Declaration of Paternity and Support are true according to his best knowledge and belief.
____________________________________ ____________________________________
SIGN HERE PRINT YOUR NAME HERE
Subscribed and sworn to this _____ day of _______________, 20 ___.
__________________________
Notary Public (Sign this in front of a Notary Public) (This should only be completed if a
lawyer helped you with this form)
My Commission Expires:
__________________________
ATTORNEY INFORMATION (To be completed by your attorney) Do not enter any information here if
you are
____________________________ ___________________ filing this case without the
Attorney--SIGN HERE Missouri Bar Number assistance of a lawyer.
__________________________________________________ This information should be
Attorney for Plaintiff--PRINT YOUR NAME HERE completed by your attorney.
__________________________________________________
(Street) [ ]I have assisted Plaintiff
in the preparation of these
_______________________________ ___________ _____ pleadings, but I am not
(City) (State) (Zip) entering my appearance on behalf of
Plaintiff.
________________ ____________ ___________________
(Telephone Number) (Fax Number) (Email Address)
Petition to Set Aside Judgment of Paternity and Support--Page 7 of 7
m CAFC304-01/01/2011 This form is available for free at www.selfrepresent.mo.gov
[Publisher's note: Referenced interactive forms can be accessed at www.selfrepresent.mo.gov]