§ 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.

Missouri § 454.415

• Jurisdiction: Missouri
• Title XXX: DOMESTIC RELATIONS
• Ch. 454: Enforcement of Support Law

Text

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.

Legislative History

(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)