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Title XXX DOMESTIC RELATIONS

Chapter 454

previous next Effective - 28 Aug 2007bottom

  454.470.  Director to issue notice and finding of financial responsibility, when, procedure, contents — computation of periodic future support — hearing, when, failure of parent to request, result. — 1.  The director may issue a notice and finding of financial responsibility to a parent who owes a state debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to section 454.425 if a court order has not been previously entered against that parent, a court order has been previously entered but has been terminated by operation of law or if a support order from another state has been entered but is not entitled to recognition under sections 454.850 to 454.997*. Service of the notice and finding shall be made on the parent or other party in the manner prescribed for service of process in a civil action by an authorized process server appointed by the director, or by certified mail, return receipt requested.  The director may appoint any uninterested party, including but not limited to employees of the division, to serve such process.  For purposes of this subsection, a parent who refuses receipt of service by certified mail is deemed to have been served.  Service upon an obligee who is receiving support enforcement services under section 454.425 may be made by regular mail.  When appropriate to the circumstances of the individual action, the notice shall state:

  (1)  The name of the person or agency with custody of the dependent child and the name of the dependent child for whom support is to be paid;

  (2)  The monthly future support for which the parent shall be responsible;

  (3)  The state debt, if any, accrued and accruing, and the monthly payment to be made on the state debt which has accrued;

  (4)  A statement of the costs of collection, including attorney's fees, which may be assessed against the parent;

  (5)  That the parent shall be responsible for providing medical insurance for the dependent child;

  (6)  That if a parent desires to discuss the amount of support that should be paid, the parent or person having custody of the child may, within twenty days after being served, contact the division office which sent the notice and request a negotiation conference.  The other parent or person having custody of the child shall be notified of the negotiated conference and may participate in the conference.  If no agreement is reached on the monthly amount to be paid, the director may issue a new notice and finding of financial responsibility, which may be sent to the parent required to pay support by regular mail addressed to the parent's last known address or, if applicable, the parent's attorney's last known address.  A copy of the new notice and finding shall be sent by regular mail to the other parent or person having custody of the child;

  (7)  That if a parent or person having custody of the child objects to all or any part of the notice and finding of financial responsibility and no negotiation conference is requested, within twenty days of the date of service the parent or person having custody of the child shall send to the division office which issued the notice a written response which sets forth any objections and requests a hearing; and, that if the director issues a new notice and finding of financial responsibility, the parent or person having custody of the child shall have twenty days from the date of issuance of the new notice to send a hearing request;

  (8)  That if such a timely response is received by the appropriate division office, and if such response raises factual questions requiring the submission of evidence, the parent or person having custody of the child shall have the right to a hearing before an impartial hearing officer who is an attorney licensed to practice law in Missouri and, that if no timely written response is received, the director may enter an order in accordance with the notice and finding of financial responsibility;

  (9)  That the parent has the right to be represented at the hearing by an attorney of the parent's own choosing;

  (10)  That the parent or person having custody of the child has the right to obtain evidence and examine witnesses as provided for in chapter 536, together with an explanation of the procedure the parent or person having custody of the child shall follow in order to exercise such rights;

  (11)  That as soon as the order is entered, the property of the parent required to pay support shall be subject to collection actions, including, but not limited to, wage withholding, garnishment, liens, and execution thereon;

  (12)  A reference to sections 454.460 to 454.510;

  (13)  That the parent is responsible for notifying the division of any change of address or employment;

  (14)  That if the parent has any questions, the parent should telephone or visit the appropriate division office or consult an attorney; and

  (15)  Such other information as the director finds appropriate.

  2.  The statement of periodic future support required by subdivision (2) of subsection 1 of this section is to be computed under the guidelines established in subsection 8 of section 452.340.

  3.  Any time limits for notices or requests may be extended by the director, and such extension shall have no effect on the jurisdiction of the court, administrative body, or other entity having jurisdiction over the proceedings.

  4.  If a timely written response setting forth objections and requesting a hearing is received by the appropriate division office, and if such response raises a factual question requiring the submission of evidence, a hearing shall be held in the manner provided by section 454.475.  If no timely written response and request for hearing is received by the appropriate division office, the director may enter an order in accordance with the notice, and shall specify:

  (1)  The amount of periodic support to be paid, with directions on the manner of payment;

  (2)  The amount of state debt, if any, accrued in favor of the department;

  (3)  The monthly payment to be made on state debt, if any;

  (4)  The amount of costs of collection, including attorney's fees, assessed against the parent;

  (5)  The name of the person or agency with custody of the dependent child and the name and birth date of the dependent child for whom support is to be paid;

  (6)  That the property of the parent is subject to collection actions, including, but not limited to, wage withholding, garnishment, liens, and execution thereon; and

  (7)  If appropriate, that the parent shall provide medical insurance for the dependent child, or shall pay the reasonable and necessary medical expenses of the dependent child.

  5.  The parent or person having custody of the child shall be sent a copy of the order by regular mail addressed to the parent's last known address or, if applicable, the parent's attorney's last known address.  The order is final, and action by the director to enforce and collect upon the order, including arrearages, may be taken from the date of issuance of the order.

  6.  Copies of the orders issued pursuant to this section shall be mailed within fourteen days of the issuance of the order.

  7.  Any parent or person having custody of the child who is aggrieved as a result of any allegation or issue of fact contained in the notice and finding of financial responsibility shall be afforded an opportunity for a hearing, upon the request in writing filed with the director not more than twenty days after service of the notice and finding is made upon such parent or person having custody of the child, and if in requesting such hearing, the aggrieved parent or person having custody of the child raises a factual issue requiring the submission of evidence.

  8.  At any time after the issuance of an order under this section, the director may issue an order vacating that order if it is found that the order was issued without subject matter or personal jurisdiction or if the order was issued without affording the obligor due process of law.

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(L. 1982 S.B. 468 § 15. A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 2007 S.B. 25)

*Sections 454.850 to 454.999 were repealed by H.B. 1550 and S.B. 905 & 992, 2016

(1991)  Where statute authorizes director to set or reset amount of child support arrearage in amount not to exceed amount of public assistance paid and policy of director to set amount of arrearage at total amount of public assistance paid conflicted with federal regulations that arrearages owed to state be calculated in accordance with set formula.  Federal regulations preempted Missouri statute and policy.  Jackson v. Rapps, 947 F.2d 332 (8th Cir.).

(1991)  Where former directors and current director of Missouri Division of Child Support Enforcement decided not to use federally mandated formula in setting amount of child support arrearage owed to state by noncustodial parents, directors were not entitled to absolute immunity from civil rights claims but since decisions were not adjudicatory in nature but were purely administrative, there was no recourse available to challenge directors' underlying policies.  Jackson v. Rapps, 947 F.2d 332 (8th Cir.).


---- end of effective   28 Aug 2007 ----

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