Effective - 28 Aug 2014
454.415. Definitions — assignment of support rights to division, procedure — clerk of court or family support payment center made trustee, when, duties — termination of assignment, effect of. — 1. For the purposes of this section, the term "IV-A agency" shall mean:
(1) An agency that has been designated by a state to administer programs pursuant to Title IV-A of the Social Security Act;
(2) An agency that has been designated by a state to administer programs pursuant to Title IV-D of the Social Security Act; or
(3) Any other entity entitled to receive and disburse child support payments in that state.
2. When a court has ordered support payments to a person who has made an assignment of support rights to the family support division or the IV-A agency of another state on behalf of this or such other state, the family support division shall notify the court.
(1) Until October 1, 1999, upon such notice, the court shall order all support payments to be made to the clerk of the court as trustee for the division of family services or the other state's IV-A agency, whichever is appropriate, as assignee of the support rights. The clerk shall forward all support payments to the department of social services, which payments have been identified by the department for deposit in the appropriate fund within the state treasury when assignments have been made to the division of family services. The clerk shall forward support payments to the other state's IV-D agency when assignments have been made to that state's IV-A agency. Notification to the court by the division of child support enforcement of the assignment of support rights shall, in and of itself, authorize the court to make the clerk trustee, notwithstanding any provision of any existing court order, statute, or other law to the contrary, and the court need not hold a hearing on the matter. The amount of the obligation owed to this state or the other state's IV-A agency shall be the amount specified in a court order which covers the assigned rights. The clerk shall keep an accurate record of such orders and such payments and shall note such assignment in the case file in such a manner as to make the fact of the assignment easily discernible.
(2) Effective October 1, 1999, support payments are to be made to the payment center pursuant to section 454.530 as trustee for the family support division or other state's IV-A agency, whichever is appropriate, as assignee of the support rights. The payment center shall forward all support payments to the state, which payments have been identified by the family support division for deposit in the appropriate fund within the state treasury when assignments have been made to the family support division. The payment center shall forward support payments to the other state's IV-D agency when assignments have been made to that state's IV-A agency. Notification to the court by the family support division of the assignment of support rights shall, in and of itself, make the payment center trustee, notwithstanding any provision of any existing court order or state law to the contrary, and the court shall not be required to hold a hearing on the matter. The amount of the obligation owed to this state or the other state's IV-A agency shall be the amount specified in a court order which covers the assigned rights. The payment center shall keep an accurate record of such orders and payments.
3. (1) Upon termination of the assignment for any case in which payments are not to be made to the payment center pursuant to section 454.530, the clerk of the court shall continue as trustee for the family support division or the other state's IV-A agency for any accrued unpaid support at the time of the termination and as trustee for the obligee for any support becoming due after the termination. If there has been an assignment to the family support division and there is no current assignment to another state's IV-A agency, the clerk of the court shall forward to the obligee all payments for support accruing subsequent to the termination and shall forward to the department of social services all payments for support which had accrued and were unpaid at the time of the termination. If there has been an assignment to another state's IV-A agency and there is no current assignment to the family support division, the clerk of the court shall continue to forward to that state's IV-D agency all payments for support accruing subsequent to the termination of the assignment as well as all payments for support which had accrued and were unpaid at the time of the termination. When there has been an assignment to the family support division, the clerk of the court shall apply payments first to support which has accrued subsequent to the termination, to the extent thereof, and then to support which accrued prior to termination, except such payments collected by the family support division through debt setoff or legal process shall be forwarded to the department of social services, unless the department of social services directs otherwise. After termination of the assignment, the trusteeship may be dissolved upon motion of a party after notice and hearing on behalf of all parties to the proceeding or pursuant to subsections 3 to 7 of section 454.430. Prior to termination of the assignment, no motion may be filed, nor maintained, for the purpose of terminating or abating any trusteeship in favor of the family support division or another state's IV-A agency.
(2) Effective October 1, 1999, upon termination of the assignment for any case in which payments are to be made to the payment center pursuant to section 454.530, the payment center shall continue as trustee for the family support division or the other state's IV-A agency for any accrued unpaid support at the time of the termination and as trustee for the obligee for any support coming due after the termination. If there has been an assignment to the family support division and there is no current assignment to another state's IV-A agency, the payment center shall forward to the obligee all payments for support which accrue after the termination and shall forward to the family support division all payments for support which had accrued and were unpaid at the time of termination. If there has been an assignment to another state's IV-A agency and there is no current assignment to the family support division, the payment center shall continue to forward to that state's IV-D agency all payments for support which accrue after the termination of the assignment as well as all payments for support which had accrued and were unpaid at the time of termination. If there has been an assignment to the family support division, the payment center shall apply payments first to support which accrues after the termination, to the extent thereof, and then to support which accrued prior to termination; except that such payments collected by the family support division through debt setoff or legal process shall be forwarded to the family support division, unless the division directs otherwise. After termination of the assignment, the trusteeship may be dissolved upon motion of a party after notice and hearing on behalf of all parties to the proceeding or pursuant to subsections 3 to 7 of section 454.430. Prior to termination of the assignment, no motion shall be filed or maintained for the purpose of terminating or abating any trusteeship in favor of the family support division or another state's IV-A agency.
4. For purposes of this section, "assignment" includes an assignment to the state by a person who has applied or is receiving assistance under a program funded pursuant to Part A of Title IV or Title XIX of the Social Security Act.
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(L. 1982 S.B. 468 § 4, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
Structure Missouri Revised Statutes
Title XXX - Domestic Relations
Chapter 454 - Enforcement of Support Law
Section 454.395 - Forms for income withholding, liens and subpoenas.
Section 454.400 - Family support division established — duties, powers — rules, procedure.
Section 454.402 - Equipment purchased by county for support enforcement to be property of county.
Section 454.408 - Duties of the family support division.
Section 454.410 - Assignment of support rights, obligation to state, when.
Section 454.412 - State case registry established, records kept.
Section 454.413 - Filing with the state case registry, when.
Section 454.425 - Support enforcement services by division, when, for whom — fees, when allowed.
Section 454.445 - Fees for certain actions and documents, division not required to pay.
Section 454.460 - Definitions.
Section 454.472 - No suit maintained if child support is current.
Section 454.476 - Administrative orders may be issued, when — duties of director — hearing.
Section 454.478 - Summary of expenses required, when.
Section 454.490 - Orders entered by director, docketing of, effect.
Section 454.501 - Support, courts, jurisdiction, effect of determinations.
Section 454.510 - Supreme court to provide rules for certain hearings.
Section 454.511 - Denial of a passport for child support arrearage, when — mistake of fact, defined.
Section 454.522 - Subordination of liens, when.
Section 454.531 - Recovery of erroneously paid child support, procedures — penalty.
Section 454.533 - Family support trust fund established.
Section 454.539 - Admissibility of payment center records — certification by the director.
Section 454.542 - Compliance with subpoenas.
Section 454.545 - Rebuttable presumption for authenticity of certain judicial orders and documents.
Section 454.548 - Processing fee permitted, amount.
Section 454.554 - Notice to obligor, when — contempt motion filed, when.
Section 454.557 - Obligations not recorded in automated system, when.
Section 454.559 - Payments made to center upon request.
Section 454.560 - Endorsement of negotiable instruments, when.
Section 454.565 - Report to the general assembly, when.
Section 454.600 - Definitions.
Section 454.609 - Notice to obligor, contents — grounds for contesting, hearing.
Section 454.621 - No change of coverage required.
Section 454.624 - Payment of benefit due, discharge from liability.
Section 454.627 - Termination of obligor's employment or coverage, notification of obligee.
Section 454.630 - Release of information.
Section 454.636 - Order of income withholding, priority — current obligation.
Section 454.639 - Collection and enforcement — remedies — modification.
Section 454.642 - Compliance by employer or union, discharge of liability — termination of order.
Section 454.849 - Effective date of repeal of act.
Section 454.1000 - Definitions.
Section 454.1003 - Suspension of a professional or occupational license, when, procedure.
Section 454.1005 - Hearing to show cause for suspension of a license, procedure.
Section 454.1008 - Licensing authority's responsibilities upon receipt of a suspension order.
Section 454.1015 - Fee charged by licensing authority for administrative costs permitted.
Section 454.1018 - Rules — promulgated by the division.
Section 454.1020 - Standards for licensure information provided to the division, method, contents.
Section 454.1025 - Request for rules for suspension or sanctioning of law license, when.
Section 454.1027 - Hunting and fishing license sanctions — department of conservation.
Section 454.1029 - No suspension of licenses while obligor honors the support agreement.
Section 454.1031 - Penalties for denial or interference with visitation or custody.
Section 454.1500 - Short title.
Section 454.1503 - Definitions.
Section 454.1506 - State tribunal and support enforcement agency.
Section 454.1509 - Remedies cumulative.
Section 454.1512 - Application of act to resident of foreign country and foreign support proceeding.
Section 454.1515 - Basis for jurisdiction over nonresident.
Section 454.1518 - Duration of personal jurisdiction.
Section 454.1521 - Initiating and responding tribunal of state.
Section 454.1524 - Simultaneous proceedings.
Section 454.1527 - Continuing, exclusive jurisdiction to modify child support orders.
Section 454.1530 - Continuing jurisdiction to enforce child support order.
Section 454.1533 - Determination of controlling child support order.
Section 454.1536 - Child support orders for two or more obligees.
Section 454.1539 - Credit for payments.
Section 454.1542 - Application of act to nonresident subject to personal jurisdiction.
Section 454.1545 - Continuing, exclusive jurisdiction to modify spousal support order.
Section 454.1548 - Proceedings under act.
Section 454.1551 - Proceeding by minor parent.
Section 454.1554 - Application of law of state.
Section 454.1557 - Duties of initiating tribunal.
Section 454.1560 - Duties and powers of responding tribunal.
Section 454.1563 - Inappropriate tribunal.
Section 454.1566 - Duties of support enforcement agency.
Section 454.1569 - Duty of state official or agency.
Section 454.1572 - Private counsel.
Section 454.1575 - Duties of state information agency.
Section 454.1578 - Pleadings and accompanying documents.
Section 454.1581 - Nondisclosure of information in exceptional circumstances.
Section 454.1584 - Costs and fees.
Section 454.1587 - Limited immunity of petitioner.
Section 454.1590 - Nonparentage as defense.
Section 454.1593 - Special rules of evidence and procedure.
Section 454.1596 - Communications between tribunals.
Section 454.1599 - Assistance with discovery.
Section 454.1602 - Receipt and disbursement of payments.
Section 454.1605 - Establishment of support order.
Section 454.1608 - Proceeding to determine parentage.
Section 454.1611 - Employer's receipt of income withholding order of another state.
Section 454.1614 - Employer's compliance with income withholding order of another state.
Section 454.1617 - Employer's compliance with two or more income withholding orders.
Section 454.1620 - Immunity from civil liability.
Section 454.1623 - Penalties for noncompliance.
Section 454.1626 - Contest by obligor.
Section 454.1629 - Administrative enforcement of orders.
Section 454.1632 - Registration of order for enforcement.
Section 454.1635 - Procedure to register order for enforcement.
Section 454.1638 - Effect of registration for enforcement.
Section 454.1641 - Choice of law.
Section 454.1644 - Notice of registration of order.
Section 454.1647 - Procedure to contest validity or enforcement of registered support order.
Section 454.1650 - Contest of registration or enforcement.
Section 454.1653 - Confirmed order.
Section 454.1656 - Procedure to register child support order of another state for modification.
Section 454.1659 - Effect of registration for modification.
Section 454.1662 - Modification of child support order of another state.
Section 454.1665 - Recognition of order modified in another state.
Section 454.1671 - Notice to issuing tribunal of modification.
Section 454.1674 - Jurisdiction to modify child support of foreign country.
Section 454.1677 - Procedure to register child support order of foreign country for modification.
Section 454.1680 - Definitions.
Section 454.1683 - Applicability.
Section 454.1686 - Relationship of governmental entity to United States authority.
Section 454.1689 - Initiation by governmental entity of support proceeding under convention.
Section 454.1692 - Direct request.
Section 454.1695 - Registration of convention support order.
Section 454.1698 - Contest of registered convention support order.
Section 454.1701 - Recognition and enforcement of registered convention support order.
Section 454.1704 - Partial enforcement.
Section 454.1707 - Foreign support agreement.
Section 454.1710 - Modification of convention child support order.
Section 454.1713 - Personal information — limit on use.
Section 454.1716 - Record in original language — English translation.
Section 454.1719 - Grounds for rendition.
Section 454.1722 - Conditions of rendition.
Section 454.1725 - Uniformity of application and construction.
Section 454.1727 - Severability.