Section 454.495

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014   

  454.495.  Circuit clerk or family support payment center made trustee, when, duties — assignment, defined. — 1.  Until October 1, 1999, when an administrative order has been docketed pursuant to section 454.490, the court shall order all support payments to be made to the circuit clerk as trustee for the division of family services or other person entitled to receive such payments pursuant to the order.  The filing of such order by the director shall in and of itself authorize the court to make the circuit clerk the trustee, notwithstanding any existing court order, statute, or other law to the contrary, and the court need not hold a hearing on the matter.  The circuit clerk shall:

  (1)  Forward all such payments to the department or other person entitled to receive such payments pursuant to the order;

  (2)  Keep an accurate record of the orders and the payments; and

  (3)  Report all such collections to the department in the manner specified by the department.

  2.  Effective October 1, 1999, and if an administrative order has been docketed pursuant to section 454.490, the payment center pursuant to section 454.530 shall be trustee for the family support division or other person entitled to receive such payments pursuant to the order.  The order by the director shall, in and of itself, authorize the payment center to be the trustee, notwithstanding 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:

  (1)  Forward all such payments to the department or other person entitled to receive such payments pursuant to the order;

  (2)  Keep an accurate record of the orders and payments; and

  (3)  Report all such collections to the division in the manner specified by the division.

  3.  As used in this section, "assignment" includes an assignment to the state by a person who has applied for 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 § 20, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)