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Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

previous next Effective - 01 Jul 1997, see footnotebottom

  210.832.  Pretrial proceedings, informal hearing before master — testimony of party may be compelled, when — physician testimony not privileged, when — bond required when, amount — temporary support order issued, when. — 1.  As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, the court may order that an informal hearing be held before a master.  The public shall be barred from the hearing.  A record of the proceeding or any portion of a proceeding shall be kept if any party requests or the court orders. Rules of evidence need not be observed.

  2.  Upon the refusal of any witness, including a party, to testify under oath or produce evidence, the court may order such witness to testify under oath and produce evidence concerning all relevant facts.  If the refusal is on the ground that the witness' testimony or evidence might tend to incriminate the witness, the court may order that such testimony or evidence is inadmissible in any criminal action against the witness.  If the court enters such order, the refusal of a witness to obey an order to testify or produce evidence is civil contempt of court.

  3.  Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

  4.  Upon motion of a party, the court may require a presumed father to post bond with the court in an amount sufficient to guarantee payment of support for the period between the date the action is commenced and the expected date of final disposition of the action.  In determining the amount of bond, the court shall consider the factors set forth in subsection 5 of section 210.841.

  5.  Upon motion of a party, the court shall enter a temporary support order requiring the provision of child support pending the final determination of parentage if there is clear and convincing evidence establishing a presumption of paternity under section 210.822 or an acknowledgment pursuant to section 210.823.  In determining the amount of such child support, the court shall comply with subsection 5 of section 210.841.  The order shall be retroactive to the later of the date of service of the motion or the date that any presumption pursuant to section 210.822 or an acknowledgment pursuant to section 210.823 first arose.

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(L. 1987 S.B. 328 § 10, A.L. 1997 S.B. 361)

Effective 7-1-97


---- end of effective   01 Jul 1997 ----

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