Section 28.23 Settlement Agreements

• Library: Family Law Deskbook and 2014 Supp

B. (§28.23) Settlement Agreements

Settlement agreements in parentage matters should be approached with caution. First, no settlement agreement, other than one approved by the court in accordance with the informal pretrial procedures of § 210.838, RSMo 2000, will bar an action under the MoUPA. Section 210.826.3, RSMo Supp. 2011. Further, settlement agreements that are not approved under the UPA and that do not include a determination of paternity may be discharged in bankruptcy. In re Gray, 41 B.R. 759 (Bankr. S.D. Ohio 1984).

In Gray, a paternity case was settled by an agreement under which the defendant agreed to pay child support and the plaintiff mother agreed to withdraw her action. The settlement was entered on the record, but it included no finding of paternity. When the defendant later filed bankruptcy, the obligation under the agreement for child support was held to be dischargeable as a mere contract debt. The court specifically noted that the obligation did not fall within the exclusion for support obligations because there had been no finding of paternity and...