Effective - 28 Aug 2014
454.465. State debt, defined, calculation — rights of division regarding state debts — service of process, procedure. — 1. For purposes of sections 454.460 to 454.505, a payment of public assistance by the family support division to or for the benefit of any dependent child, including any payment made for the benefit of the caretaker of the child, creates an obligation, to be called "state debt", which is due and owing to the department by the parent, or parents, absent from the home where the dependent child resided at the time the public assistance was paid. The amount of the state debt shall be determined as follows:
(1) Where there exists a court order directed to a parent which covers that parent's support obligation to a dependent during a period in which the family support division provided public assistance to or for the benefit of that dependent, the state debt of that parent shall be an amount equal to the obligation ordered by the court, including arrearages and unpaid medical expenses, up to the full amount of public assistance paid; or
(2) Where no court order covers a parent's support obligation to a dependent during a period in which the family support division provided public assistance to or for the benefit of that dependent, the state debt may be set or reset by the director in an amount not to exceed the amount of public assistance so provided by the family support division.
2. No agreement between any obligee and any obligor regarding any duty of support, or responsibility therefor, or purporting to settle past, present, or future support obligations either as settlement or prepayment shall act to reduce or terminate any rights of the division to recover from that obligor for public assistance provided.
3. The division shall have the right to make a motion to a court or administrative tribunal for modification of any court order creating a support obligation which has been assigned to the family support division to the same extent as a party to that action.
4. The department, or any division thereof, as designated by the department director is hereby authorized to promulgate such rules pursuant to section 454.400 and chapter 536 as may be necessary to carry out the provisions of this chapter and the requirements of the federal Social Security Act, including, but not necessarily limited to, the opportunity for a hearing to contest an order of the division establishing or modifying support rules for narrowing issues and simplifying the methods of proof at hearings, and establishing procedures for notice and the manner of service to be employed in all proceedings and remedies instituted pursuant to sections 454.460 to 454.505.
5. Service pursuant to sections 454.460 to 454.505 may be made on the parent or other party in the manner prescribed for service of process in a civil action, by an authorized process server appointed by the director, or by certified mail, return receipt requested. The director may appoint any uninterested party, including, but not necessarily limited to, employees of the division, to serve such process. For the purposes of this subsection, a parent who refuses receipt of service by certified mail is deemed to have been served.
6. Creation of or exemption from a state debt pursuant to this section shall not limit any rights which the department has or may obtain pursuant to common or statutory law, including, but not limited to, those obtained pursuant to an assignment of support rights obtained pursuant to section 208.040.
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(L. 1982 S.B. 468 § 14, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1993 S.B. 52, A.L. 1997 S.B. 361, 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.