Division of child support enforcement established--duties,powers--rules, procedure.
454.400. 1. There is established within the department of socialservices the "Division of Child Support Enforcement" to administer thestate plan for child support enforcement. The duty pursuant to the stateplan to litigate or prosecute support actions shall be performed by theappropriate prosecuting attorney, or other attorney pursuant to acooperative agreement with the department. The department shall fullyutilize existing IV-A staff of the division of family services to performchild support enforcement duties approved by the United States Departmentof Health and Human Services and consistent with federal requirements asspecified in P.L. 93-647 and 45 CFR, section 303.20.
2. In addition to the powers, duties and functions vested in thedivision of child support enforcement by other provisions of this chapteror by other laws of this state, the division of child support enforcementshall have the power:
(1) To sue and be sued;
(2) To make contracts and carry out the duties imposed upon it bythis or any other law;
(3) To administer, disburse, dispose of and account for funds,commodities, equipment, supplies or services, and any kind of propertygiven, granted, loaned, advanced to or appropriated by the state ofMissouri for any of the purposes herein;
(4) To administer oaths, issue subpoenas for witnesses, examine suchwitnesses under oath, and make and keep a record of the same;
(5) To adopt, amend and repeal rules and regulations necessary ordesirable to carry out the provisions of this chapter and which are notinconsistent with the constitution or laws of this state;
(6) To cooperate with the United States government in matters ofmutual concern pertaining to any duties wherein the division of childsupport enforcement is acting as a state agency, including the adoption ofsuch methods of administration as are found by the United States governmentto be necessary for the efficient operation of the state plan hereunder;
(7) To make such reports in such form and containing such informationas the United States government may, from time to time, require, and complywith such provisions as the United States government may, from time totime, find necessary to assure the correctness and verification of suchreports;
(8) To appoint, when and if it may deem necessary, advisorycommittees to provide professional or technical consultation in respect tochild support enforcement problems and program administration. The membersof such advisory committees shall receive no compensation for theirservices other than expenses actually incurred in the performance of theirofficial duties. The number of members of each such advisory committeeshall be determined by the division of child support enforcement, and suchadvisory committees shall consult with the division of child supportenforcement in respect to problems and policies incident to theadministration of the particular function germane to their respective fieldof competence;
(9) To initiate or cooperate with other agencies in developingmeasures for the enforcement of support obligations;
(10) To collect statistics, make special fact-finding studies andpublish reports in reference to child support enforcement;
(11) To establish or cooperate in research or demonstration projectsrelative to child support enforcement and the welfare program which willhelp improve the administration and effectiveness of programs carried on orassisted pursuant to the federal Social Security Act and the programsrelated thereto;
(12) To accept gifts and grants of any property, real or personal,and to sell such property and expend such gifts or grants not inconsistentwith the administration of the state plan for child support enforcement andwithin the limitations of the donor thereof;
(13) To review every three years or such shorter cycle as thedivision may establish, upon the request of the obligee, the obligor or ifthere is an assignment under Part A of the federal Social Security Act,upon the request of the division, obligee or obligor taking into accountthe best interest of the child, the adequacy of child support orders inIV-D cases to determine whether modification is appropriate pursuant to theguidelines established by supreme court rule 88.01, to establish rulespursuant to chapter 536, RSMo, to define the procedure and frequency ofsuch reviews, and to initiate proceedings for modification where suchreviews determine that a modification is appropriate. This subdivisionshall not be construed to require the division or its designees torepresent the interests of an absent parent against the interests of acustodial parent or the state;
(14) To provide services relating to the establishment of paternityand the establishment, modification and enforcement of child supportobligations. The division shall provide such services:
(a) Unless, as provided in this chapter, good cause or otherexception exists, to each child for whom:
a. Assistance is provided under the state program funded under PartIV-A of the Social Security Act;
b. Benefits or services for foster care maintenance are providedunder the state program funded under Part IV-E of the Social Security Act;or
c. Medical assistance is provided under the state plan approved underTitle XIX of the Social Security Act; and
(b) To any other child, if an individual applies for such serviceswith respect to such child;
(15) To enforce support obligations established with respect to:
(a) A child for whom the state provides services under the state planfor child support; or
(b) The custodial parent of a child;
(16) To enforce support orders against the parents of thenoncustodial parent, jointly and severally, in cases where such parentshave a minor child who is the parent and the custodial parent is receivingassistance under the state program funded under Part A of Title IV of theSocial Security Act; and
(17) To prevent a child support debtor from fraudulently transferringproperty to avoid payment of child support. If the division has knowledgeof such transfer, the division shall:
(a) Seek to void such transfer; or
(b) Obtain a settlement in the best interest of the child supportcreditor.
3. No rule or portion of a rule promulgated pursuant to the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
Division of child support enforcement established--duties,powers--rules, procedure.
454.400. 1. There is established within the department of socialservices the "Division of Child Support Enforcement" to administer thestate plan for child support enforcement. The duty pursuant to the stateplan to litigate or prosecute support actions shall be performed by theappropriate prosecuting attorney, or other attorney pursuant to acooperative agreement with the department. The department shall fullyutilize existing IV-A staff of the division of family services to performchild support enforcement duties approved by the United States Departmentof Health and Human Services and consistent with federal requirements asspecified in P.L. 93-647 and 45 CFR, section 303.20.
2. In addition to the powers, duties and functions vested in thedivision of child support enforcement by other provisions of this chapteror by other laws of this state, the division of child support enforcementshall have the power:
(1) To sue and be sued;
(2) To make contracts and carry out the duties imposed upon it bythis or any other law;
(3) To administer, disburse, dispose of and account for funds,commodities, equipment, supplies or services, and any kind of propertygiven, granted, loaned, advanced to or appropriated by the state ofMissouri for any of the purposes herein;
(4) To administer oaths, issue subpoenas for witnesses, examine suchwitnesses under oath, and make and keep a record of the same;
(5) To adopt, amend and repeal rules and regulations necessary ordesirable to carry out the provisions of this chapter and which are notinconsistent with the constitution or laws of this state;
(6) To cooperate with the United States government in matters ofmutual concern pertaining to any duties wherein the division of childsupport enforcement is acting as a state agency, including the adoption ofsuch methods of administration as are found by the United States governmentto be necessary for the efficient operation of the state plan hereunder;
(7) To make such reports in such form and containing such informationas the United States government may, from time to time, require, and complywith such provisions as the United States government may, from time totime, find necessary to assure the correctness and verification of suchreports;
(8) To appoint, when and if it may deem necessary, advisorycommittees to provide professional or technical consultation in respect tochild support enforcement problems and program administration. The membersof such advisory committees shall receive no compensation for theirservices other than expenses actually incurred in the performance of theirofficial duties. The number of members of each such advisory committeeshall be determined by the division of child support enforcement, and suchadvisory committees shall consult with the division of child supportenforcement in respect to problems and policies incident to theadministration of the particular function germane to their respective fieldof competence;
(9) To initiate or cooperate with other agencies in developingmeasures for the enforcement of support obligations;
(10) To collect statistics, make special fact-finding studies andpublish reports in reference to child support enforcement;
(11) To establish or cooperate in research or demonstration projectsrelative to child support enforcement and the welfare program which willhelp improve the administration and effectiveness of programs carried on orassisted pursuant to the federal Social Security Act and the programsrelated thereto;
(12) To accept gifts and grants of any property, real or personal,and to sell such property and expend such gifts or grants not inconsistentwith the administration of the state plan for child support enforcement andwithin the limitations of the donor thereof;
(13) To review every three years or such shorter cycle as thedivision may establish, upon the request of the obligee, the obligor or ifthere is an assignment under Part A of the federal Social Security Act,upon the request of the division, obligee or obligor taking into accountthe best interest of the child, the adequacy of child support orders inIV-D cases to determine whether modification is appropriate pursuant to theguidelines established by supreme court rule 88.01, to establish rulespursuant to chapter 536, RSMo, to define the procedure and frequency ofsuch reviews, and to initiate proceedings for modification where suchreviews determine that a modification is appropriate. This subdivisionshall not be construed to require the division or its designees torepresent the interests of an absent parent against the interests of acustodial parent or the state;
(14) To provide services relating to the establishment of paternityand the establishment, modification and enforcement of child supportobligations. The division shall provide such services:
(a) Unless, as provided in this chapter, good cause or otherexception exists, to each child for whom:
a. Assistance is provided under the state program funded under PartIV-A of the Social Security Act;
b. Benefits or services for foster care maintenance are providedunder the state program funded under Part IV-E of the Social Security Act;or
c. Medical assistance is provided under the state plan approved underTitle XIX of the Social Security Act; and
(b) To any other child, if an individual applies for such serviceswith respect to such child;
(15) To enforce support obligations established with respect to:
(a) A child for whom the state provides services under the state planfor child support; or
(b) The custodial parent of a child;
(16) To enforce support orders against the parents of thenoncustodial parent, jointly and severally, in cases where such parentshave a minor child who is the parent and the custodial parent is receivingassistance under the state program funded under Part A of Title IV of theSocial Security Act; and
(17) To prevent a child support debtor from fraudulently transferringproperty to avoid payment of child support. If the division has knowledgeof such transfer, the division shall:
(a) Seek to void such transfer; or
(b) Obtain a settlement in the best interest of the child supportcreditor.
3. No rule or portion of a rule promulgated pursuant to the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
Division of child support enforcement established--duties,powers--rules, procedure.
454.400. 1. There is established within the department of socialservices the "Division of Child Support Enforcement" to administer thestate plan for child support enforcement. The duty pursuant to the stateplan to litigate or prosecute support actions shall be performed by theappropriate prosecuting attorney, or other attorney pursuant to acooperative agreement with the department. The department shall fullyutilize existing IV-A staff of the division of family services to performchild support enforcement duties approved by the United States Departmentof Health and Human Services and consistent with federal requirements asspecified in P.L. 93-647 and 45 CFR, section 303.20.
2. In addition to the powers, duties and functions vested in thedivision of child support enforcement by other provisions of this chapteror by other laws of this state, the division of child support enforcementshall have the power:
(1) To sue and be sued;
(2) To make contracts and carry out the duties imposed upon it bythis or any other law;
(3) To administer, disburse, dispose of and account for funds,commodities, equipment, supplies or services, and any kind of propertygiven, granted, loaned, advanced to or appropriated by the state ofMissouri for any of the purposes herein;
(4) To administer oaths, issue subpoenas for witnesses, examine suchwitnesses under oath, and make and keep a record of the same;
(5) To adopt, amend and repeal rules and regulations necessary ordesirable to carry out the provisions of this chapter and which are notinconsistent with the constitution or laws of this state;
(6) To cooperate with the United States government in matters ofmutual concern pertaining to any duties wherein the division of childsupport enforcement is acting as a state agency, including the adoption ofsuch methods of administration as are found by the United States governmentto be necessary for the efficient operation of the state plan hereunder;
(7) To make such reports in such form and containing such informationas the United States government may, from time to time, require, and complywith such provisions as the United States government may, from time totime, find necessary to assure the correctness and verification of suchreports;
(8) To appoint, when and if it may deem necessary, advisorycommittees to provide professional or technical consultation in respect tochild support enforcement problems and program administration. The membersof such advisory committees shall receive no compensation for theirservices other than expenses actually incurred in the performance of theirofficial duties. The number of members of each such advisory committeeshall be determined by the division of child support enforcement, and suchadvisory committees shall consult with the division of child supportenforcement in respect to problems and policies incident to theadministration of the particular function germane to their respective fieldof competence;
(9) To initiate or cooperate with other agencies in developingmeasures for the enforcement of support obligations;
(10) To collect statistics, make special fact-finding studies andpublish reports in reference to child support enforcement;
(11) To establish or cooperate in research or demonstration projectsrelative to child support enforcement and the welfare program which willhelp improve the administration and effectiveness of programs carried on orassisted pursuant to the federal Social Security Act and the programsrelated thereto;
(12) To accept gifts and grants of any property, real or personal,and to sell such property and expend such gifts or grants not inconsistentwith the administration of the state plan for child support enforcement andwithin the limitations of the donor thereof;
(13) To review every three years or such shorter cycle as thedivision may establish, upon the request of the obligee, the obligor or ifthere is an assignment under Part A of the federal Social Security Act,upon the request of the division, obligee or obligor taking into accountthe best interest of the child, the adequacy of child support orders inIV-D cases to determine whether modification is appropriate pursuant to theguidelines established by supreme court rule 88.01, to establish rulespursuant to chapter 536, RSMo, to define the procedure and frequency ofsuch reviews, and to initiate proceedings for modification where suchreviews determine that a modification is appropriate. This subdivisionshall not be construed to require the division or its designees torepresent the interests of an absent parent against the interests of acustodial parent or the state;
(14) To provide services relating to the establishment of paternityand the establishment, modification and enforcement of child supportobligations. The division shall provide such services:
(a) Unless, as provided in this chapter, good cause or otherexception exists, to each child for whom:
a. Assistance is provided under the state program funded under PartIV-A of the Social Security Act;
b. Benefits or services for foster care maintenance are providedunder the state program funded under Part IV-E of the Social Security Act;or
c. Medical assistance is provided under the state plan approved underTitle XIX of the Social Security Act; and
(b) To any other child, if an individual applies for such serviceswith respect to such child;
(15) To enforce support obligations established with respect to:
(a) A child for whom the state provides services under the state planfor child support; or
(b) The custodial parent of a child;
(16) To enforce support orders against the parents of thenoncustodial parent, jointly and severally, in cases where such parentshave a minor child who is the parent and the custodial parent is receivingassistance under the state program funded under Part A of Title IV of theSocial Security Act; and
(17) To prevent a child support debtor from fraudulently transferringproperty to avoid payment of child support. If the division has knowledgeof such transfer, the division shall:
(a) Seek to void such transfer; or
(b) Obtain a settlement in the best interest of the child supportcreditor.
3. No rule or portion of a rule promulgated pursuant to the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
