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Missouri State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
The Family Support Division (FSD) has 18 local state-run IV-D offices. In Audrain, Buchanan, Clay and Jackson counties, the prosecuting attorney and her/his staff perform the same functions as a state-administered child support office except the employees are not state employees. FSD refers cases to local county prosecuting attorney offices when judicial processes (the courts) are necessary for paternity establishment, order establishment and enforcement. Once work is completed on a referral, the prosecuting attorney's responsibility for the case ends.
2. What is the name of your IV-D agency?
Family Support Division.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Combination of both.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
CSENET and QUICK.

2. Duration Of Support

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.
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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.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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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.
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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
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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.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
Past-due support shall be resumed to be paid after 10 years expires from the date that the original judgment (payment) became due, or if the judgment has been revived, 10 years after the revival or after the expiration of 10 years from the last recorded payment. Per state statute 516.350.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Family Support Division policy is to assist with paternity establishment for children under the age of 18 whose custodial parent/custodian or noncustodial parent requests that FSD do so, and for children between the ages of 18 and 21 who request that FSD do so.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No.
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4. Support Details

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.
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2. 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.
Interest may be charged at the rate of 1% per month simple interest on Missouri orders. Per 454.520 RSMo, the interest accrues and attaches to the underlying support or maintenance judgment or order. The obligee MUST present to the circuit clerk a sworn arrearage affidavit (if there are periods in which the circuit clerk or the Family Support Payment Center was not trustee) and a statement detailing the interest computation to make the interest collectible.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
See 2. above.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
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. 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.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
See 6. above.
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7. 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, legal custody or guardianship, unless the case meets criteria for changing the payee on an existing order. The custodial party must be a relative.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Yes.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes. The custodial parent must voluntarily give physical custody of the child(ren) to the noncustodial parent for a period exceeding 30 consecutive days. If the obligation is general rather than child specific, all children covered by the child support obligation must be in the noncustodial parent's physical custody for the claimed period of time. The noncustodial parent must submit a written request for abatement of support, specifying the time period for abatement.
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5. Paternity/Parentage

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.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
98% or greater probability of paternity using a 0.5 prior probability creates a rebuttable presumption of paternity, per state statute 210.822.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
210.823 Revised Statutes of Missouri
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. The presumption must be rebutted in an appropriate action by clear and convincing evidence, per state statute 210.822.
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5. 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. 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.)
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Department of Health and Senior Services, Bureau of Vital Records
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8. 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?
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 Missouri Vital Record - Birth/Death. 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.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes. (See 8.)
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9.1. Describe any circumstances under which these fees may be waived?
There are no circumstances under which these fees may be waived.
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10. 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.
11. 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.
Not applicable.
12. 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?
One packet with separate declarations for each child is acceptable.

6. Support Order Establishment

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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7. Income Withholding

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.
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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.
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2.1. Does your state have policies 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.
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2.2. 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.
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3. 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, per 454.505, RSMo.
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4. 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.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Date of mailing except for electronic IWOs (e-IWOs) which are date of service.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
Two weeks after the income withholding was mailed or issued electronically.
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6. When must an employer remit amounts withheld from an employee's pay?
Within seven (7) business days of the date the income was payable to the obligor.
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7. What are your state's sanctions for employers for not implementing income withholding?
Legal action is required.
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7.1. 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 a fine, not to exceed $500, court costs and reasonable attorney fees, per 454.405, RSMo.
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8. 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.
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8.1. 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.
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9. 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.
Other jurisdictions may not attach financial institution accounts by sending an income withholding order, but may forward liens directly to attach, in accordance with 454.507, RSMo.
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9.1. 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.
Not applicable.
10. How does a noncustodial parent contest an income withholding in your state?
An obligor contests a IV-D administrative income withholding by submitting a written request for an administrative hearing within 30 calendar days of the date the income withholding was mailed to him/her.
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11. 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 pro-rated 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 her/his 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.
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?
Mandatory deductions include those required by law (i.e., state, federal, and local taxes, Social Security, and Medicare taxes).
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13. When does your state require the employer to send notice of an employee's termination?
Within 10 days of the termination, per 454.505, RSMo.
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14. 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.
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).
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
State arrears first.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Missouri will distribute payments to a case with non-TANF arrears due another state before distributing to a former assistance arrearage due Missouri.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Equally between arrearages due multiple states.
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9. Enforcement

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.
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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 OCSE 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 OCSE 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 OCSE 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 OCSE 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 OCSE 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 OCSE 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 OCSE 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.)
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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.
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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.
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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.
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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.
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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.
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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.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
To contest a financial lien, the obligor must submit a written request for an administrative hearing within 30 calendar days of the mailing date of the notice of lien. If a joint owner disagrees with the equal-share presumption, the joint owner must provide clear and convincing evidence regarding the ownership interests within 30 calendar days of the mailing date of the notice of lien. Per state statute 454.507, a joint owner may ask a court to decide the ownership interests of the account.
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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.
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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.
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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.
For Additional Information - No Link Provided
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.
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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 so, is this process primarily judicial, administrative, or both? Please describe.
Yes. Judicial.
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39. Does your state have a 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.

10. Modification And Review/Adjustment

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.
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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.
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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.
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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.
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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.
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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.
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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.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
No definition of lump sum.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order 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 uses a state-specific Order to Withhold to attach lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes, the Missouri IV-D agency charges an annual $10 non-IV-D payment processing fee for maintaining records on non-IV-D orders. The fee is automatically deducted from the first non-IV-D payment received each calendar year. Although this $10 fee is retained by the state, the obligor receives credit for the $10.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
See 1. above.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
No.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
When the $35 annual fee is assessed, the obligor is billed $17.50 as a separate collectible debt and $17.50 is deducted from the next support payment to the obligee.
3.1. Is it retained by the state from support collected?
Yes, $17.50 of the $35 fee is assessed to obligee on the order.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
Yes, $17.50 of the $35 fee is billed to the obligor as a separate collectible debt.
3.4. Is it paid by the state out of its state funds?
Yes, if $17.50 is not recovered from the obligee or the obligor.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. 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 pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
For Additional Information - No Link Provided
2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
For the CSLN match, the obligor must owe $1000 or more in arrearages. For the federal match, the obligor must owe $500 or more in arrearages.
3. What process does your state use to intercept insurance payments?
Both federal and CSLN insurance payments are intercepted via a state-specific Order to Withhold Insurance Compensation.
For Additional Information - No Link Provided
4. How does another state initiate and intercept collections from your states workers compensation agency?
Another state must file their lien, withholding order, or claim with the Missouri Division of Workers Compensation.
For Additional Information - No Link Provided
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes, but they must be manually generated by the caseworker.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
The requesting entity must contact the circuit clerk in the county of the order. Such cost, if any, is determined by each county. IV-D agencies may also request a certified copy of a court order by forwarding a Transmittal #3 request to the Missouri Central Registry.
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2. What are the procedures and associated costs for obtaining a certified payment record?
The requesting entity must contact the circuit clerk in the county of the order. Such costs are determined by each county. IV-D agencies may also request a certified payment record by forwarding a Transmittal #3 request to the Missouri Central Registry.
For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Sections 454.1500 to 454.1728, RSMo
For Additional Information - exit disclaimer
2. How does your state define the tribunal (See UIFSA 103)?
The courts and the Family Support Division are tribunals of this state.
For Additional Information - No Link Provided
3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
The original UIFSA packet and two copies.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Missouri does not have any state-level agreements with foreign countries.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes. FSD accepts direct applications for services from individuals residing outside the United States under Alternative A.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
No.
For Additional Information - No Link Provided
2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
FSD may forward documents needing to be served to the sheriff or other public official, Forward documents needing to be served to a private contractor, or may use other methods (depending on the circumstance) such as: first-class mail; in person; certified mail, return receipt requested; or, certified mail, restricted delivery, return receipt requested.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Child care expenses, extra-curricular activities, extraordinary expenses (explain), and uninsured medical expenses.
For Additional Information - No Link Provided
5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. Mediation
6. What circumstances will cause your state to end child support before the normal duration?
The child marries. The child is adopted by someone other than the noncustodial parent. The child support order states that child support ceases before the normal duration. The child enters into military service before the normal duration. The child is deceased. The custodial parent relinquishes the child from parental control by express or implied consent.
For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be made by check.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority. All payments are processed upon receipt.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
Not applicable.
For Additional Information - No Link Provided
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
Not applicable.

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