Section 454.430

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014   

  454.430.  IV-D agency, defined — clerk of court or family support payment center to serve as trustee, when, duties — termination of trustee responsibilities by division, procedure. — 1.  For the purposes of this section, the term "IV-D agency" means an agency that has been designated by a state to administer programs pursuant to Title IV-D of the Social Security Act or 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 is receiving child support services pursuant to section 454.425, or pursuant to application for IV-D agency services in another state, the family support division shall so notify the court.  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 such person.  The notification to the court by the division 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 clerk shall keep an accurate record of such orders and such payments, and shall report all such collections to the division in the manner specified by the division.  The circuit clerk shall forward all such payments to the person receiving child support services pursuant to section 454.425, or to the IV-D agency in the state in which the person is currently receiving IV-D services, as appropriate.  Effective October 1, 1999, upon notice by the division, all support payments shall be made to the payment center pursuant to section 454.530 as trustee for such person.  The notification by the division shall, in and of itself, authorize the payment center pursuant to section 454.530 to be 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 payment center shall keep an accurate record of such orders and payments, and shall report all such collections to the division in a manner specified by the division.  The payment center shall forward all such payments to the person receiving child support services pursuant to section 454.425 or to the IV-D agency in the state in which the person is currently receiving IV-D services, as appropriate.

  3.  The division is authorized to terminate trusteeship responsibilities for future support in IV-D cases pursuant to the procedures set forth in this section.  If the division determines that the order no longer provides a continuing obligation for support or the custodial party is no longer receiving child support enforcement services, the division shall send a notice of its intent to terminate the trusteeship by regular mail to the custodial and noncustodial parties.  The notice shall advise each party that unless written objection is received by the division within fifteen days of the date the notice is sent, the trusteeship for current support shall be terminated.  Unless a party objects to the termination of the trusteeship in writing within the specified period, the division shall terminate the trusteeship for current support.

  4.  If an objection is filed by either party to the case, the trusteeship may be terminated for future support only upon the filing of a motion with the court in which the trusteeship is established and after notice to all parties and hearing on the motion.

  5.  If the requirements of subsection 3 of this section have been met, the trusteeship responsibilities for future support shall terminate.  The trusteeship shall remain in effect only to the extent that payments are made to satisfy any accrued unpaid support that was due as of the date of the notice.  The notice shall, in and of itself, terminate the trusteeship responsibilities for future support, and the court need not hold a hearing on the matter.

  6.  Any party whose trusteeship is terminated pursuant to this section may reopen a trusteeship pursuant to section 452.345.

  7.  Termination of a trusteeship pursuant to this section shall not, in and of itself, constitute a judicial determination as to the rights of a party to receive support or the obligation of a party to pay support pursuant to a support order entered in the case.

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(L. 1982 S.B. 468 § 7, A.L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)