Missouri HB 1082: Modifies provisions relating to child support

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1082
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KELLY (141).
2235H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 454.425, 454.455, and 454.530, RSMo, and to enact in lieu thereof five new
sections relating to child support.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 454.425, 454.455, and 454.530, RSMo, are repealed and five new
2 sections enacted in lieu thereof, to be known as sections 454.425, 454.455, 454.530, 454.1900,
3 and 454.1903, to read as follows:
454.425. 1. The family support division shall render child support services authorized
2 pursuant to this chapter to persons who are not recipients of public assistance as well as to such
3 recipients. Services may be provided to children, custodial parents, noncustodial parents and
4 other persons entitled to receive support. An application may be required by the division for
5 services [and fees may be charged by] .
6 2. The division may charge fees and recover costs pursuant to 42 U.S.C. Section 654
7 and federal regulations.
8 3. The director may issue an order directing any employer or other payer of a
9 parent owing a fee to withhold and pay over to the division moneys due to the division
10 under subsection 2 of this section. An order entered under this subsection shall be served
11 on the employer or other payer by regular mail, by certified mail, return receipt requested,
12 or issued through electronic means and shall be binding on the employer or other payer
13 two weeks after mailing or electronic issuance of such service. A copy of the order shall
14 be mailed to the parent at the parent's last known address. The notice shall advise the
15 parent that the withholding has commenced and the of procedures to contest such
16 withholding under section 454.475 by requesting a hearing thirty days from the mailing
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 1082 2
17 of the notice. The employer or other payer shall withhold from the earnings or other
18 income of each parent the amount specified in the order; except that, the total amount
19 withheld shall not exceed the limitations contained in the federal Consumer Credit
20 Protection Act, 15 U.S.C. Section 1673(a). The employer or other payer shall transmit the
21 payments as directed in the order within seven business days of the date the earnings,
22 moneys due, or other income was payable to the parent. For purposes of this section,
23 "business day" means a day that state offices are open for regular business. If the order
24 does not contain the Social Security number of the parent, the employer or other payer
25 shall not be liable for withholding from the incorrect parent. An order issued under this
26 subsection shall be a continuing order and shall remain in effect and be binding against
27 any employer or other payer upon whom it is directed until paid in full or until a further
28 order of the director.
29 4. Services provided under a state plan shall be made available to residents of other states
30 on the same terms as residents of this state. If a family receiving services ceases to receive
31 assistance under a state program funded under Part A of Title IV of the Social Security Act, the
32 division shall provide appropriate notice to such family, and services shall continue under the
33 same terms and conditions as that provided to other individuals under the state plan, except that
34 an application for continued services shall not be required and the requirement for payment of
35 [fees] an application fee shall not apply to the family.
454.455. 1. In any case wherein an order for child support has been entered and the
2 [legal] custodian [and obligee pursuant to the order] relinquishes physical custody of the child
3 to a caretaker relative [without obtaining a modification of legal custody,] or parent and the
4 caretaker relative or parent makes an assignment of support rights to the family support division
5 in order to receive [aid to families with dependent children benefits] temporary assistance for
6 needy families, the relinquishment and the assignment, by operation of law, shall transfer the
7 child support obligation pursuant to the order to the division in behalf of the state. The
8 assignment shall terminate when the caretaker relative or parent no longer has physical custody
9 of the child, except for those unpaid support obligations still owing to the state pursuant to the
10 assignment at that time.
11 2. As used in [subsection 1 of] this section, the term "caretaker relative" includes only
12 those persons listed in subdivision (2) of subsection 1 of section 208.040 or 13 CSR 40-2.310.
13 3. If an order for child support has been entered, no assignment [of support has been
14 made] of suppo