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Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014 bottom

  454.460.  Definitions. — As used in sections 454.400 to 454.560, unless the context clearly indicates otherwise, the following terms mean:

  (1)  "Court", any circuit court of this state and any court or agency of any other state having jurisdiction to determine the liability of persons for the support of another person;

  (2)  "Court order", any judgment, decree, or order of any court which orders payment of a set or determinable amount of support money;

  (3)  "Department", the department of social services of the state of Missouri;

  (4)  "Dependent child", any person under the age of twenty-one who is not otherwise emancipated, self-supporting, married, or a member of the Armed Forces of the United States;

  (5)  "Director", the director of the family support division, or the director's designee;

  (6)  "Division", the family support division of the department of social services of the state of Missouri;

  (7)  "IV-D agency", an agency designated by a state to administer programs under Title IV-D of the Social Security Act;

  (8)  "IV-D case", a case in which services are being provided pursuant to section 454.400;

  (9)  "Obligee", any person, state, or political subdivision to whom or to which a duty of support is owed as determined by a court or administrative agency of competent jurisdiction;

  (10)  "Obligor", any person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction;

  (11)  "Parent", a biological or adoptive parent, including a presumed or putative father.  The word parent shall also include any person who has been found to be such by:

  (a)  A court of competent jurisdiction in an action for dissolution of marriage, legal separation, or establishment of the parent and child relationship;

  (b)  The division under section 454.485;

  (c)  Operation of law under section 210.823; or

  (d)  A court or administrative tribunal of another state;

  (12)  "Public assistance", any cash or benefit pursuant to Part IV-A, Part IV-B, Part IV-E, or Title XIX of the federal Social Security Act paid by the department to or for the benefit of any dependent child or any public assistance assigned to the state;

  (13)  "State", any state or political subdivision, territory or possession of the United States, District of Columbia, and the Commonwealth of Puerto Rico;

  (14)  "Support order", a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority pursuant to the law of the issuing state, or of the parent with whom the child is living and providing monetary support, health care, child care, arrearages or reimbursement for such child, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.

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(L. 1982 S.B. 468 § 13, A.L. 1986 H.B. 1479, A.L. 1988 H.B. 1272, et al., A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 1999 S.B. 291, A.L. 2007 S.B. 25, A.L. 2014 H.B. 1299 Revision)

(1990) Federal regulations for calculating amount of child support arrearages owed to a state as reimbursement of AFDC assistance paid to custodial parent preempted Missouri statute authorizing director of Missouri division of child support enforcement to "set or reset" amount of arrearage in an amount not to exceed amount of public assistance paid. Jackson v. Rapps, 746 F.Supp. 934 (W.D.Mo.).


---- end of effective   28 Aug 2014 ----

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