| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
Eighteen (18) years of age, unless specific circumstances (outlined below) apply, per Section 452.340, Revised Statutes of Missouri.
For Additional Information -
|
| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
Child support terminates at age 18 or if in high school at 18, upon graduation from high school or age 21, whichever occurs first. Enrollment in a GED program is also considered being enrolled in a "secondary school program of instruction," and support would terminate upon completion of the program or age 21, whichever occurs first. If a child enrolls in college or vocational school by October 1 following high school graduation or completion of a GED program, support continues until age 21 or when his/her education is completed, whichever occurs first, provided the child: 1. Enrolls for and completes at least 12 hours of credit each semester (not including summer semesters); 2. Achieves grades sufficient to re-enroll at the institution; and 3. At the beginning of each semester, submits to each parent a transcript or similar official document provided by the college or vocational school which includes the courses the child is enrolled in and has completed for each semester, the grades and credits received and the courses the child is enrolled in for the upcoming semester.
For Additional Information - No Link Provided
|
| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No.
For Additional Information - No Link Provided
|
| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes. The court may extend the child support obligation past the age of 18 if the child is physically or mentally incapacitated from supporting himself/herself and insolvent and unmarried.
For Additional Information - No Link Provided
|
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
Section 452.340, RSMo
For Additional Information -
|
| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
|
No. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
|
No. Current support for the remaining children would be reduced only if the judicial order included such a provision. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
|
Yes. If the child for whom a child support obligation will be established is entitled to current support pursuant to section 452.340, RSMo. |
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income Shares Model. The income shares method of determining a child support obligation takes into consideration both parents' gross incomes and obligations.
For Additional Information - No Link Provided
|
| 2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
Missouri considers an adjustment only when overnight visitation/custody is court ordered. Administrative establishment or modification provides for a percentage adjustment of 6% - 34% based on overnights of 36 - 183. Courts may deviate up to 50%.
For Additional Information - No Link Provided
|
| 3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Section 454.520, RSMo, provides that interest on a Missouri support order is calculated on past–due child or spousal support at the rate of 6 percent per year through September 28, 1979; 9 percent per year from September 29, 1979, through August 31, 1982; and thereafter at the rate of 1 percent per month simple interest.
For Additional Information - No Link Provided
|
| 4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
|
No. |
| 5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
|
Yes. The debt must be reduced to a sum-certain judgment. The Missouri IV-D agency will not bring the action to reduce the debt to a judgment, but will enforce the debt after a sum-certain judgment has been obtained. |
| 6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
|
When the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative, and the caretaker relative receives TANF on behalf of the child, the support rights are assigned to the state by operation of law. When the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative, and the caretaker relative does not receive
TANF on behalf of the child, the division may, 30 days after the transfer of custody and upon notice to the obligee and obligor in the order, change the payee to the caretaker relative. The Missouri IV-D agency will only provide services to a non-TANF caretaker relative if: 1) the caretaker relative previously received TANF or Medicaid for the child(ren) and the case converted to non-TANF; and 2) the case meets criteria for changing the payee of an existing order. |
| 7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
|
When the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative, and the caretaker relative receives TANF on behalf of the child, the support rights are assigned to the state by operation of law. When the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative, and the caretaker relative does not receive
TANF on behalf of the child, the division may, 30 days after the transfer of custody and upon notice to the obligee and obligor in the order, change the payee to the caretaker relative. The Missouri IV-D agency will only provide services to a non-TANF caretaker relative if: 1) the caretaker relative previously received TANF or Medicaid for the child(ren) and the case converted to non-TANF; and 2) the case meets criteria for changing the payee of an existing order. |
| 7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
|
Yes, legal custody or guardianship, unless the case meets criteria for changing the payee on an existing order. The custodial party must be a relative. |
| 8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
Yes. |
| 9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
|
In calculating presumed support when establishing or modifying orders, Missouri excludes, from the custodial parent's gross income, Social Security Disability benefits received on behalf of the child. When enforcing Missouri orders, Missouri will credit the current support obligation owed by the obligor for verified SSA-Disability and SSA-Retirement benefits that the children receive as a result of the claim of the obligor. Missouri does not credit Supplemental Security Income (SSI) the children receive. |
| 9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
|
If the monthly SSA benefit exceeds the monthly child support obligation, the excess is considered a gift and not credited toward the obligation. |
| 10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes. Reference Section 452.340.2, Revised Statutes of Missouri (RSMo).
For Additional Information - No Link Provided
|
| 11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
|
For general child support obligations, the Missouri Family Support Division (FSD) will credit the total of all the children's benefit amounts up to the full obligation amount. This is applicable even if not all the children on the obligation receive a benefit. For child-specific support obligations, FSD will credit an individual child's benefit amount up to his/her specific obligation amount. |
| 12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
|
For a Missouri order, FSD will notify the other state IV-D agency of specific adjustments made for Social Security dependent benefit credit and forward an updated calculation and payment records as necessary to update records/reconcile. If the order is not a Missouri order, FSD will work with the other state's IV-D agency to determine actions and/or credit to be granted in regards to the Social Security benefit
the child receives from the obligor's claim which will be based on the laws of the issuing state as required under UIFSA. |
| 13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
|
FSD staff may close a case if the obligor is receiving SSI only and the obligor has no other income or assets. If the obligor is receiving both SSI and Title II, the Title II benefits are attachable and the case will remain open. |
| 14. Does your state child support agency have a debt compromise program? |
|
No. |
| 15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
|
Missouri will divide the total arrearage by 60 (the number of months necessary to pay off the arrearage within five years) to determine the periodic arrearage payment. However, no periodic arrearage payment will be less than $300 unless the total arrearage is less than $300. In such a case, the periodic arrearage payment will be the total arrearage amount. Exceptions may be considered on a case-by-case basis. |
| 16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
|
Yes with judicial orders. No with administrative orders.
Missouri will not attempt to enter an administrative order or attempt to modify an existing judicial order when the current physical custody arrangement for the child(ren) does not agree with the custody determination in the court order. In such cases, Missouri will advise the parent who was not awarded primary physical custody that they must go to court to legitimize the physical custody arrangement.
When the only order is administrative (Missouri administrative orders do not address legal custody), Missouri will attempt to establish an administrative order for the parent with present physical custody to receive support. If that parent is the obligor on the original administrative order, they may request abatement for the period the child(ren) were with them. |
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
For Additional Information - No Link Provided
|
| 2. How is genetic testing coordinated within your state when the other party is in another state? |
If Missouri has long-arm jurisdiction, genetic testing is scheduled through an AABB accredited laboratory. If Missouri does not have long-arm jurisdiction, Missouri will initiate a two-state process by referring the case to the appropriate prosecuting attorney requesting completion of a UIFSA petition to the appropriate state.
For Additional Information -
|
| 3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
210.823 Revised Statutes of Missouri
For Additional Information -
|
| 4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Yes. The presumption must be rebutted in an appropriate action by clear and convincing evidence, per state statute 210.822.
For Additional Information -
|
| 5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No. It is generally necessary to determine the circumstances under which the father's name was added to the birth certificate. For example, Missouri law (state statute 193.085) requires the name of the mother's husband to appear on the child's birth record unless: (1) Paternity has been determined otherwise by a court; or (2) All parties (mother, father and putative father) execute an affidavit attesting that the husband is not the father and the putative father is the father. Missouri's Bureau of Vital Records (BVR) also permits the mother to decline from giving the birthing hospital any information about the father of the baby. (BVR also permits the birth mother to name her spouse in a same-sex marriage to include on the birth record.)
For Additional Information -
|
| 6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No.
For Additional Information - No Link Provided
|
| 7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
|
Department of Health and Senior Services, Bureau of Vital Records |
| 8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
BVR will conduct searches for birth certificate and Affidavit Acknowledging Paternity and provide these documents if available. To obtain paternity documents from the Bureau of Vital Records (BVR): 1. Complete and notarize the Application for Record - Birth/Death/Fetal/Stillborn. (The application is found at the BVR website listed below.) 2. Include a $15 fee for each request; 3. Send a letter on agency letterhead to request the needed document(s)(e.g., a certified copy of the birth certificate and paternity affidavits, or paternity affidavits) and include the reason for the request (e.g., needed for child support or court case). Include a return mailing address as well as a contact telephone number; and 4. Include document(s) to support the need for the requested documents (e.g., a copy of the court document that shows the child is in state custody), if available. BVR will conduct the requested search and, if available, send an administrative copy of the birth certificate with all paternity affidavits unless the agency requests a certified copy of the birth certificate. The administrative copy of the birth certificate is for agency use only and cannot be used for identification or other purposes. BVR cannot accept requests for records via telephone. Mail request to: Bureau of Vital Records, 930 Wildwood Dr., Jefferson City, MO 65109.
For Additional Information - No Link Provided
|
| 9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
|
Yes. (See 8.) |
| 10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No.
For Additional Information - No Link Provided
|
| 10.1 Describe any circumstances under which these fees may be waived? |
|
N/A |
| 11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
|
No. |
| 12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
|
N/A |
| 13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
|
Separate Declaration of Support of Establishing Parentage forms are acceptable with a single packet in this scenario. |
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
|
Combined. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
Administrative process is used when possible to establish legal paternity and support obligations. Judicial process is used when administrative process is not legally possible or judicial establishment is deemed more appropriate for case-specific reasons.
For Additional Information -
|
| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
The judicial process is used to establish a support order when: 1) the alleged father or noncustodial parent is a minor; 2) it involves a presumed vs. alleged situation; 3) a presumption or legal finding of paternity cannot be established administratively (i.e., administrative process can only be used to establish a support order if a presumption or legal finding of paternity exists). There actions are permitted by 454.420 and 454.435, RSMo.
For Additional Information -
|
| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
In addition to the NCP's income, the custodial parent's income is considered. A child's income may be considered when deviating from the presumed child support amount. However, the child's income cannot be based on the child's special needs.
For Additional Information - No Link Provided
|
| 2.1. What documentation is required as proof/evidence of this information? |
|
Staff review data from the State Parent Locator Service and Missouri Employment Security in addition to tax returns and other information submitted by the parents and their employers. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
The court or administrative agency must enter a written or specific finding in the record that the presumed amount is unjust or inappropriate, per 452.340, RSMo.
For Additional Information -
|
| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. The period is limited to five years preceding the commencement of the action. Judgments for retroactive support are included in judicial orders only.
For Additional Information - No Link Provided
|
| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Requests should indicate the period for which support is sought, the financial (income) information for the parties for the period, and a notarized month-by-month breakdown of TANF paid out during the period.
For Additional Information - No Link Provided
|
| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
|
No. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
If administrative process is used to establish an order for ongoing support, it will not include a judgment for retroactive support.
For Additional Information - No Link Provided
|
| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
The custodial party must be a relative.
For Additional Information - No Link Provided
|
| 5.1. What about when public assistance is not being expended? |
|
If the custodial party has not previously received public assistance, the custodial party must have legal custody or guardianship. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Modification.
For Additional Information - No Link Provided
|
| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
If the existing support order is a judicial order, the IV-D agency will not attempt to enter an administrative order or attempt to modify the existing judicial order when the current physical custody arrangement for the child does not agree with the custody determination in the court order. The parent who was not awarded primary physical custody in the court order must go to court to legitimize the physical custody arrangement. If the existing order is an administrative order, staff will attempt to establish a new administrative order.
For Additional Information - No Link Provided
|
| 1. What are specific sources of income not subject to withholding? |
Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and benefits from the Department of Veterans Affairs, unless special conditions exist.
For Additional Information - No Link Provided
|
| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. 454.505, RSMo.
For Additional Information -
|
| 2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
|
State withholding statutes invoke the CCPA. However, withholding orders issued by the Missouri IV-D agency limit the withholding to 50% of disposable earnings. If the money paid to a non-employee is earnings as defined by the CCPA, state withholding statutes invoke the CCPA. However, withholding orders issued by the Missouri IV-D agency limit the withholding to 50% of the disposable earnings. If the money paid to the non-employee is not earnings as defined by the CCPA, there is no withholding limit. |
| 3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
|
No.
|
| 4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
|
Two weeks after the income withholding order was mailed or issued electronically. |
| 5. What are your state’s sanctions for employers for not implementing income withholding? |
|
No. |
| 6. What are the penalties to an employer for failure to remit payments withheld? |
|
The employer is liable for the amount that should have been withheld and paid over and is subject to fine, not to exceed $500, court costs and reasonable attorney fees, per 454.505., RSMo
https://revisor.mo.gov/main/OneSection.aspx?section=454.505&bid=25254&hl= |
| 7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
|
No. |
| 7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
|
A full intergovernmental enforcement referral is necessary. The referral should include: a Child Support Enforcement Transmittal #1 - Initial Request; Child Support Agency Confidential Information Form; Letter of Transmittal Requesting Registration; orders and payment records. |
| 8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
|
Yes. FSD or another IV-D agency may issue direct liens to withhold against any account in a financial institution. Section 454.507, RSMo. |
| 8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
|
N/A |
| 9. How does a noncustodial parent contest an income withholding in your state? |
|
They may request an administrative hearing, in writing, within 30 calendar days of the mailing date of the order. |
| 10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
For normal distribution, priority from highest to lowest begins with: current support and medical support; current spousal support; child support, medical support and spousal support ordered on arrears; then arrears on child support, medical support and spousal support.
For Additional Information - No Link Provided
|
| 11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
|
Yes, but generally use the state-specific withholding Order to Withhold form that is used for other payers as obligor is not an employee in this situation. |
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
|
All data matches available on intrastate cases are available to the requesting state. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
|
Each enforcement action has its own criteria. The original UIFSA packet and two copies are required. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
The obligor must owe $1,000 or more in past-due child support, spousal support, medical support or collective state-debt.
For Additional Information - No Link Provided
|
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
|
Innovis Data Solutions, Experien, Equifax and Trans Union. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
|
Administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
|
No. If the IV-D case remains open, the noncustodial parent will continue to be reported with a zero balance. At case closing, the agency stops referring to the credit bureaus and the credit bureaus are notified to delete previously summited data regarding the noncustodial parent. |
| 7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
|
No. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
|
Yes, $25 is the minimum required arrearage for administrative offset. However, under the federal offset program, an order's arrearages must meet criteria to certify for federal income tax refund offset, i.e., equal to or greater than $150 for TANF and IV-E Foster Care cases; equal to or greater than $500 for NTANF and homeless, dependent and neglected (HDN) Foster Care cases. |
| 9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
|
No. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
|
Yes. The minimum requirement is: equal to or greater than $150.00 for TANF and IV-E Foster Care cases; and, equal to or greater than $500.00 for NTANF and homeless, dependent and neglected (HDN) Foster Care cases. |
| 11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
|
No. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
|
Yes. Greater than $500. |
| 13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
|
No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
|
Administrative. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
No. (See #24 response regarding joint accounts.)
For Additional Information - No Link Provided
|
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
|
No. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
|
The obligor must have a IV-D arrearage exceeding $500 for a particular case/order. The account must have a balance of at least $100. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
Yes. Section 454.507 RSMo.
For Additional Information -
|
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
|
Not applicable. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
|
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
State law does not require notification to an NCP that a financial institution lien is a potential enforcement remedy. However, when an enforcement case is opened, a notice is sent to the NCP outlining potential enforcement remedies. The State sends the NCP a notice after the financial institution has encumbered funds notifying the NCP a request for hearing may be submitted within 30 days.
For Additional Information - No Link Provided
|
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The financial institution must send the encumbered assets to the state disbursement unit within seven (7) calendar days of receiving the Order to Surrender Assets from the agency, per statute 454.507.
For Additional Information - No Link Provided
|
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Financial institutions are directed to hold the encumbered assets until further notice/instruction from the IV-D agency. In accordance with state statute 454.507, the IV-D agency will not issue an Order to Surrender Assets until at least 60 days after the date of the lien.
For Additional Information -
|
| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
All of the obligor's financial assets are eligible for seizure, but Missouri law creates an "equal-share" presumption among joint owners. Only the obligor's presumptive share is eligible for seizure. If the obligor is a co-owner on a joint account with his/her spouse, assets in the account are not encumbered. If the obligor is a co-owner on a joint account with his/her parent, the financial institution may choose whether or not to encumber the assets in the account. If the obligor's name is on an account, but the financial institution does not consider the obligor to be an owner of the account (has no legal rights to funds in the account), the assets will not be encumbered.
For Additional Information - No Link Provided
|
| 25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
|
Obligors are notified on Missouri's lien notice that they have 30 days to request an administrative hearing. Joint account holders have the same time period to present Family Support Division (FSD) with clear and convincing evidence of their ownership interests, from which FSD may amend the lien notice. |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No.
For Additional Information - No Link Provided
|
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
Sections 454.1000 to 454.1029, RSMo, provide the authority for the Family Support Division (FSD) or the court to suspend licenses. A driver's license may be suspended by FSD or by the court when: an obligor is not making child support payments in accordance with the order and owes at least 2,500 in past-due child or spousal support or owes at least 3 months of current or spousal support, whichever is less; an obligor did not enter into a payment agreement or is not complying with a previous payment agreement; or the obligor does not have employment or other income for which income withholding can be completed. The obligor has 60 days from the date the notice is served to pay arrears in full, enter into or comply with a payment plan, or request a hearing before the court or director. |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
|
After FSD or the court suspends a license or reimposes a suspension, the obligor has the opportunity at any time to request a stay. Suspension of a license can be stayed by FSD or by the court if the obligor enters into a payment agreement or provides adequate assurance that (s)he will comply with an existing payment agreement. Income withholding will be completed, if possible. Regarding hardship, the court, but not the director of FSD, may stay suspension of a license upon a showing that a suspension or
continued suspension of a license would create a significant hardship to the obligor, the obligor's employees, any legal dependents residing in the obligor's household; or persons, businesses or other entities served by the obligor. License suspension will terminate if: the obligor pays the arrearage in full; the IV-D case closes; or, there is management agreement that the obligor's circumstances change to such an extent that a stay or continued suspension is inappropriate. NOTE: If a driver's license suspension is terminated by FSD, the obligor must submit a $20.00 reinstatement fee to the Driver License Bureau as required by the Department of Revenue. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
|
No. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
|
Only the court can suspend a business, professional or occupational license. FSD may send a referral to the Missouri Office of the Attorney General (AGO) to pursue suspension if an obligor has a business, professional, or occupational license. The court may suspend a business, professional, or occupational license if an obligor: is not making child support payments in accordance with the order and owes at least $2,500 in past-due child or spousal support or owes at least 3 months of current or spousal support, whichever is less; did not enter into a payment agreement or is not complying with a previous payment agreement; or, does not have employment or other income for which income withholding can be completed. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
|
Only the court can restore or reinstate professional licenses. Regarding hardship, the court, but not the FSD director, may stay suspension of a license upon a showing that a suspension or continued suspension of a license would create a significant hardship to the obligor, the obligor's employees, any legal dependents residing in the obligor's household, or persons, businesses or other entities served by the obligor. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
|
No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
|
Hunting and fishing licenses can be suspended administratively.
A hunting/fishing license may be suspended if an obligor: is not making child support payments in accordance with the order and owes at least $2,500 in past-due child or spousal support or owes at least 3 months of current or spousal support, whichever is less; did not enter into a payment agreement or is not complying with a previous payment agreement; or, does not have employment or other income for
which income withholding can be completed. The obligor has 60 days from the date notice is served to pay arrears in full, enter into or comply with a payment plan, or request a hearing before the court or director. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
|
After FSD or the court suspends a license or reimposes a suspension, the obligor has the opportunity at any time to request a stay. Suspension of a license can be stayed by FSD or by the court if the obligor enters into a payment agreement or provides adequate assurance that (s)he will comply with an existing payment agreement. Income withholding will be completed, if possible. Regarding hardship, the court, but not the director, may stay suspension of a license upon a showing that a suspension or continued
suspension of a license would create a significant hardship to the obligor, the obligor's employees, any legal dependents residing in the obligor's household, or persons, businesses or other entities served by the obligor. Recreational license suspension will terminate if: the obligor pays the arrearage in full; the IV-D case closes; or, there is management agreement that the obligor's circumstances change to such an extent that a stay or continued suspension is inappropriate. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No. |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
A child support arrearage of more than $1,000 is recommended for the filing of a personal property lien. A specific arrearage threshold is not required for the filing of a real property lien; however, it is recommended that an obligor owe at least $500 in past-due support. |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
|
Administrative. |
| 38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes. Judicial |
| 39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
|
Yes. Administrative. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
|
Yes. Lottery. |
| 40.1 If yes, is this enforcement judicial, administrative, or both? |
|
Administrative. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Administratively issued liens attach to real and personal property, workers' compensation benefits, an obligor's distributive share of a decedent's estate, and proceeds payable to the obligor as a result of a claim, counterclaim, or suit at law filed by the obligor. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Civil contempt and criminal non-support. |
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Reviews may be completed every three (3) years unless special circumstances apply that allow for an earlier review.
For Additional Information - No Link Provided
|
| 2. What is your state's modification procedure? Briefly describe. |
Reviews are completed only upon request by an active party on the order or by FSD.
For Additional Information - No Link Provided
|
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
FSD will, upon request, review orders on a three-year cycle for possible modification. FSD will review orders for modification of the child support obligation and for medical support. Modification may result in an increase or decrease in support. If the review of the order is appropriate, financial information on both parties is obtained to determine if the case meets the criteria for modification. FSD modifies Missouri administrative orders using administrative process. The parties have the right to contest the motion to modify. Judicial orders are referred to the Attorney General's office to file a motion with the court to complete the modification.
For Additional Information - No Link Provided
|
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
See 4.1, 4.2, and 4.7.
For Additional Information - No Link Provided
|
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
|
Yes, if an application of the guidelines results in a change of the child support amount from the existing amount by 20 percent or more. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
|
Yes, if an application of the guidelines results in a change of the child support amount from the existing amount by 20 percent or more. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No.
For Additional Information - No Link Provided
|
| 4.4. The cost of living has changed. |
|
No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
|
No. |
| 4.6. There has been a substantial change in childcare expenses. |
|
No. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
The order does not include a medical support obligation. The order does not include a child support obligation. A child needs to be added to an existing administrative order. A child on a general order meets termination of support criteria; other children remain active on the order and application of the guidelines results in a change of the child support amount from the existing amount by 20 percent or more. The person responsible for paying support is incarcerated, will continue to be incarcerated for more than 180 calendar days, and application of the guidelines results in a change of child support from the existing amount by 20 percent or more.
For Additional Information - No Link Provided
|
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
|
No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No. The Notice of the Right to Request a Modification Review-Incarceration is system generated to each party on a child support case when the interface with the Missouri Department of Corrections sends notification of the incarceration of a person responsible for paying support with a release date meeting criteria.
For Additional Information - No Link Provided
|
| 7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
|
Yes, if a review is requested and the change in the party's income meets the requirements for an early review. |
| 8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
|
Yes. |
| 9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
|
No. |
| 1. Does your state require electronic payments? If yes, provide your state statutory citation. |
|
No |
| 2. What is your state's SDU bank name? |
|
The SDU bank is Commerce Bank. |
| 3. What is your state's SDU vendor name? |
|
Systems and Methods, Inc. (SMI) - collection and disbursements
|
| 4. What is your state's web-based payment service for employers? |
|
SMART Missouri Child Support. Website: https://mo.smartchildsupport.com
|
| 5. What is your state's web-based payment service for noncustodial parents? |
|
SMART Missouri Child Support. Website: https://mo.smartchildsupport.com
|
| 6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
|
Yes. Payments are accepted from obligors and third parties. |
| 7. How does your state accept card payments? |
|
Electronically and via telephone. |
| 8. Are there fees associated with the credit card payments? |
|
Yes, 2.5% convenience fee. |
| 9. Does your state have other payment options? |
|
Missouri accepts payments online, by auto withdrawal, by mail (check or money order), and via PayNearMe. An obligor may also call a toll-free number to make a credit/debit card payment with assistance from an interactive voice response system. |
| 10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
Employer must begin to withhold within two weeks after the date the income withholding was mailed or issued electronically. |
| 11. When must an employer remit amounts withheld from an employee's pay? |
|
Within seven business days of the date the income was payable to the obligor. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
Federal, state, and local taxes, Social Security and Medicare taxes. |
| 13. What is your state's priority for withholdings? |
|
Child support has priority over any other garnishment, attachment, or assignment. Current child support takes priority over the health insurance premium. After the health insurance premium, the priority is current spousal support, periodic medical support, and then arrearage payments. (Per 45 CFR 303.100). |
| 14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
|
Yes. State withholding statutes invoke the CCPA. However, withholding orders issued by the Missouri IV-D
agency limit the withholding to 50% of the disposable earnings. (Reference 454.505, Revised Statutes of Missouri) |
| 15. What are the withholding limits for non-employees? |
|
If the money paid to a non-employee is earnings as defined by the CCPA, state withholding statutes invoke the CCPA. However, withholding orders issued by the Missouri IV-D agency limit the withholding to 50% of the disposable earnings. If the money paid to the non-employee is not earnings as defined by the CCPA, there is no withholding limit. |
| 16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
|
Child support has priority over any other garnishment, attachment, or assignment. When the obligor has more than one claim for child support against his/her income, and the combined withholdings exceed 50% of the obligor's net income, the collections are prorated among the cases with withholding claims, giving priority to current support amounts. |
| 17. When does your state require employers to send notice of an employee's termination? |
|
Within 10 days after termination. |
| 18. How long should an employer retain the order after the employee's termination? |
|
Until the employer receives an order terminating the withholding order. |
| 19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
|
$6 per month. |
| 20. Provide your state's statutory citation. |
|
Section 454.505, RSMo |
| 21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
|
No |
| 22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No |
| 23. Does your state have a threshold amount for a lump sum to be reported? |
|
N/A. |
| 24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
N/A. |
| 25. Is the Income Withholding Order (IWO) used for lump sums? |
|
No, Missouri uses a state-specific Order to Withhold form to attach lump sums. |
| 26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
|
Missouri issues the state-specific "Order to Withhold" to attach lump sums that are employer-related, SSA lump sum benefits, inmate banking accounts ($500 threshold), unclaimed property held by the State Treasurer's office, and cash bonds held by a court clerk. |
| 27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
|
State withholding statutes invoke the CCPA. However, withholding orders issued by the Missouri IV-D agency limit the withholding to 50% of the disposable earnings. |
| 28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
|
There is no limit to the withholding amount if the lump sum is not defined by earnings. |
| 29. What is your state's Medical Support Statute? |
|
Sections 454.600 through 454.700 RSMo. |
| 30. What is your state's Reasonable Cost Definition? |
|
"If the cost of dependent coverage does not increase the current premiums of the parent who is to provide such coverage by more than 5% of the gross income of the parent." |
| 31. What is the Health Coverage Expense? |
|
The employee's total cost of health coverage for the employee and children, whether or not the employee is already enrolled. |
| 32. What is the Income Withholding Limits for Support? |
|
Withholding orders issued by the Missouri IV-D agency limit the withholding to 50% of the disposable earnings. |
| 33. What is the Priority of Withholding? |
|
1. Current support. 2. Health insurance premiums. 3. Current spousal support. 4. Arrears. 5. Interest.
|
| 34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
N/A. |
| 35. According to 45 CFR §303.32(a), what are your state options? |
|
Only the noncustodial parent. |
| 36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
|
Upon receipt of a written request, received within 30 days of the mailing date indicated on the Obligor's Notice of Medical Support Enforcement, the obligor may be provided with an administrative hearing. |
| 37. What is the reporting timeframe (non-magnetic media only)? |
|
Employers are required to report newly hired employees within 20 calendar days of the hire date. |
| 38. What are the required data elements? |
|
New Hire Information: Employee name, Employee address, SSN, first day of work, employer name, employer address, FEIN; Optional data elements: eEmployee, date of birth, employee state of hire (required if reporting as a multi-state employer), health insurance eligibility, employment type (full/part-time/temporary), employer payroll address; |
| 39. What are the methods of transmission? |
|
Online (state portal/FTP), mail, fax, or payroll service. |
| 40. Does your state require independent contractor reporting? |
|
No |