Section 454.435

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014   

  454.435.  Prosecuting attorneys, cooperative or multiple county agreement, duties — other attorneys may prosecute, when. — 1.  Each prosecuting attorney may enter into a cooperative agreement or may enter into a multiple county agreement to litigate or prosecute any action necessary to secure support for any person referred to such office by the family support division including, but not limited to, reciprocal actions under this chapter, actions to establish, modify and enforce support obligations, actions to enforce medical support obligations ordered in conjunction with a child support obligation, actions to obtain reimbursement for the cost of medical care provided by the state for which an obligor is liable under subsection 9 of section 208.215, and actions to establish the paternity of a child for whom support is sought.  In all cases where a prosecuting attorney seeks the establishment or modification of a support obligation, the prosecuting attorney shall, in addition to periodic monetary support, seek and enforce orders from the court directing the obligated parent to maintain medical insurance on behalf of the child for whom support is sought, which insurance shall, in the opinion of the court, be sufficient to provide adequate medical coverage; or to otherwise provide for such child's necessary medical expenses.

  2.  In all cases where a prosecuting attorney has entered into a cooperative agreement to litigate or prosecute an action necessary to secure child support, and an information is not filed or civil action commenced within sixty days of the receipt of the referral from the division, the division may demand return of the referral and the case filed and the prosecuting attorney shall return the referral and the case file.  The division may then use any other attorney which it employs or with whom it has a cooperative agreement to establish or enforce the support obligation.

  3.  As used in this section, the term "prosecuting attorney" means, with reference to any city not within a county, the circuit attorney.

  4.  Prosecuting attorneys are hereby authorized to initiate judicial or administrative modification proceedings on IV-D cases at the request of the division.

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(L. 1982 S.B. 468 § 8, A.L. 1984 S.B. 675, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484 merged with S.B. 65, et al., A.L. 1988 H.B. 1272, et al., A.L. 1990 S.B. 834, A.L. 2014 H.B. 1299 Revision)