Section 454.530

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014, 2 histories   

  454.530.  Family support payment center established by the division for child support orders — disbursement of child support — business day, defined — electronic funds transfer system. — 1.  On or before October 1, 1999, the family support division shall establish and operate a state disbursement unit to be known as the "Family Support Payment Center" for the receipt and disbursement of payments pursuant to support orders for:

  (1)  All cases enforced by the division pursuant to section 454.400; and

  (2)  Any case required by federal law to be collected or disbursed by the payment center including, but not limited to, cases in which a support order is initially issued on or after January 1, 1994, in which the income of the obligor is subject to withholding; and

  (3)  Beginning July 1, 2001:

  (a)  Any other case with a support order in which payments are ordered or directed by a court or the division to be made to the payment center or in which the income of the obligor is subject to withholding; and

  (b)  Any case prior to July 1, 2001, in which support payments are ordered paid to the clerk of the court as trustee pursuant to section 452.345.

  2.  The family support payment center shall be operated by the division, in conjunction with other state agencies pursuant to a cooperative agreement, or by a contractor responsible directly to the division.  Notwithstanding any other provision of law to the contrary, after notice by the division or the court that issued the support order to the obligor that all future payments shall be made to the payment center, the payment center shall become trustee for payments made by parents, employers, states and other entities, and all future payments shall be made to the payment center.  The payment center shall disburse payments to custodial parents and other obligees, the state or agencies of other states.  If the payment center is operated by a contractor and the contractor receives and disburses the payments, the contractor shall have an annual audit conducted by an independent certified public accountant.  The audit will determine whether funds received are disbursed or otherwise accounted for, and make recommendations as to the procedures and changes that the contractor should take to protect the funds received from misappropriation and theft.  A copy of the audit shall be delivered to the division, the office of administration and the office of the state courts administrator.

  3.  Except as otherwise provided in sections 454.530 to 454.560, the payment center shall disburse support payments within two business days after receipt from the employer or other source of periodic income, if sufficient information identifying the payee is provided.  As used in sections 454.530 to 454.560, "business day" means a day state government offices are open for regular business.  Disbursement of payments made toward arrearages may be delayed until the resolution of any timely appeal with respect to such arrearage or upon order of a court.

  4.  The family support payment center shall establish an electronic funds transfer system for the transfer of child support payments.  Obligees who want electronic transfer of support payments to a designated account shall complete an application for direct deposit and submit it to the family support payment center.  The family support payment center may issue an electronic access card for the purpose of disbursing support payments to any obligee not using automated deposit to a designated account.  Any person or employer may, without penalty, choose to disburse payments to the payment center by check or draft instead of by electronic transfer.

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(L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2006 S.B. 618, A.L. 2014 H.B. 1299 Revision)