Definitions--assignment of support rights to family services,procedure--clerk of court or family support payment center madetrustee, when, duties--termination of assignment, effect of.
454.415. 1. For the purposes of this section, the term "IV-A agency"shall mean:
(1) An agency that has been designated by a state to administerprograms pursuant to Title IV-A of the Social Security Act;
(2) An agency that has been designated by a state to administerprograms pursuant to Title IV-D of the Social Security Act; or
(3) Any other entity entitled to receive and disburse child supportpayments in that state.
2. When a court has ordered support payments to a person who has madean assignment of support rights to the division of family services or theIV-A agency of another state on behalf of this or such other state, thedivision of child support enforcement shall notify the court.
(1) Until October 1, 1999, upon such notice, the court shall orderall support payments to be made to the clerk of the court as trustee forthe division of family services or the other state's IV-A agency, whicheveris appropriate, as assignee of the support rights. The clerk shall forwardall support payments to the department of social services, which paymentshave been identified by the department for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The clerk shall forward support payments to the otherstate's IV-D agency when assignments have been made to that state's IV-Aagency. Notification to the court by the division of child supportenforcement of the assignment of support rights shall, in and of itself,authorize the court to make the clerk trustee, notwithstanding anyprovision of any existing court order, statute, or other law to thecontrary, and the court need not hold a hearing on the matter. The amountof the obligation owed to this state or the other state's IV-A agency shallbe the amount specified in a court order which covers the assigned rights.The clerk shall keep an accurate record of such orders and such paymentsand shall note such assignment in the case file in such a manner as to makethe fact of the assignment easily discernible.
(2) Effective October 1, 1999, support payments are to be made to thepayment center pursuant to section 454.530 as trustee for the division offamily services or other state's IV-A agency, whichever is appropriate, asassignee of the support rights. The payment center shall forward allsupport payments to the state, which payments have been identified by thedivision of child support enforcement for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The payment center shall forward support payments tothe other state's IV-D agency when assignments have been made to thatstate's IV-A agency. Notification to the court by the division of childsupport enforcement of the assignment of support rights shall, in and ofitself, make the payment center trustee, notwithstanding any provision ofany existing court order or state law to the contrary, and the court shallnot be required to hold a hearing on the matter. The amount of theobligation owed to this state or the other state's IV-A agency shall be theamount specified in a court order which covers the assigned rights. Thepayment center shall keep an accurate record of such orders and payments.
3. (1) Upon termination of the assignment for any case in whichpayments are not to be made to the payment center pursuant to section454.530, the clerk of the court shall continue as trustee for the divisionof family services or the other state's IV-A agency for any accrued unpaidsupport at the time of the termination and as trustee for the obligee forany support becoming due after the termination. If there has been anassignment to the division of family services and there is no currentassignment to another state's IV-A agency, the clerk of the court shallforward to the obligee all payments for support accruing subsequent to thetermination and shall forward to the department of social services allpayments for support which had accrued and were unpaid at the time of thetermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the clerk of the court shall continue to forward to that state'sIV-D agency all payments for support accruing subsequent to the terminationof the assignment as well as all payments for support which had accrued andwere unpaid at the time of the termination. When there has been anassignment to the division of family services, the clerk of the court shallapply payments first to support which has accrued subsequent to thetermination, to the extent thereof, and then to support which accrued priorto termination, except such payments collected by the division of childsupport enforcement through debt setoff or legal process shall be forwardedto the department of social services, unless the department of socialservices directs otherwise. After termination of the assignment, thetrusteeship may be dissolved upon motion of a party after notice andhearing on behalf of all parties to the proceeding or pursuant tosubsections 3 to 7 of section 454.430. Prior to termination of theassignment, no motion may be filed, nor maintained, for the purpose ofterminating or abating any trusteeship in favor of the division of familyservices or another state's IV-A agency.
(2) Effective October 1, 1999, upon termination of the assignment forany case in which payments are to be made to the payment center pursuant tosection 454.530, the payment center shall continue as trustee for thedivision of family services or the other state's IV-A agency for anyaccrued unpaid support at the time of the termination and as trustee forthe obligee for any support coming due after the termination. If there hasbeen an assignment to the division of family services and there is nocurrent assignment to another state's IV-A agency, the payment center shallforward to the obligee all payments for support which accrue after thetermination and shall forward to the division of child support enforcementall payments for support which had accrued and were unpaid at the time oftermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the payment center shall continue to forward to that state's IV-Dagency all payments for support which accrue after the termination of theassignment as well as all payments for support which had accrued and wereunpaid at the time of termination. If there has been an assignment to thedivision of family services, the payment center shall apply payments firstto support which accrues after the termination, to the extent thereof, andthen to support which accrued prior to termination; except that suchpayments collected by the division of child support enforcement throughdebt setoff or legal process shall be forwarded to the division of childsupport enforcement, unless the division directs otherwise. Aftertermination of the assignment, the trusteeship may be dissolved upon motionof a party after notice and hearing on behalf of all parties to theproceeding or pursuant to subsections 3 to 7 of section 454.430. Prior totermination of the assignment, no motion shall be filed or maintained forthe purpose of terminating or abating any trusteeship in favor of thedivision of family services or another state's IV-A agency.
4. For purposes of this section, "assignment" includes an assignmentto the state by a person who has applied or is receiving assistance under aprogram funded pursuant to Part A of Title IV or Title XIX of the SocialSecurity Act.
Definitions--assignment of support rights to family services,procedure--clerk of court or family support payment center madetrustee, when, duties--termination of assignment, effect of.
454.415. 1. For the purposes of this section, the term "IV-A agency"shall mean:
(1) An agency that has been designated by a state to administerprograms pursuant to Title IV-A of the Social Security Act;
(2) An agency that has been designated by a state to administerprograms pursuant to Title IV-D of the Social Security Act; or
(3) Any other entity entitled to receive and disburse child supportpayments in that state.
2. When a court has ordered support payments to a person who has madean assignment of support rights to the division of family services or theIV-A agency of another state on behalf of this or such other state, thedivision of child support enforcement shall notify the court.
(1) Until October 1, 1999, upon such notice, the court shall orderall support payments to be made to the clerk of the court as trustee forthe division of family services or the other state's IV-A agency, whicheveris appropriate, as assignee of the support rights. The clerk shall forwardall support payments to the department of social services, which paymentshave been identified by the department for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The clerk shall forward support payments to the otherstate's IV-D agency when assignments have been made to that state's IV-Aagency. Notification to the court by the division of child supportenforcement of the assignment of support rights shall, in and of itself,authorize the court to make the clerk trustee, notwithstanding anyprovision of any existing court order, statute, or other law to thecontrary, and the court need not hold a hearing on the matter. The amountof the obligation owed to this state or the other state's IV-A agency shallbe the amount specified in a court order which covers the assigned rights.The clerk shall keep an accurate record of such orders and such paymentsand shall note such assignment in the case file in such a manner as to makethe fact of the assignment easily discernible.
(2) Effective October 1, 1999, support payments are to be made to thepayment center pursuant to section 454.530 as trustee for the division offamily services or other state's IV-A agency, whichever is appropriate, asassignee of the support rights. The payment center shall forward allsupport payments to the state, which payments have been identified by thedivision of child support enforcement for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The payment center shall forward support payments tothe other state's IV-D agency when assignments have been made to thatstate's IV-A agency. Notification to the court by the division of childsupport enforcement of the assignment of support rights shall, in and ofitself, make the payment center trustee, notwithstanding any provision ofany existing court order or state law to the contrary, and the court shallnot be required to hold a hearing on the matter. The amount of theobligation owed to this state or the other state's IV-A agency shall be theamount specified in a court order which covers the assigned rights. Thepayment center shall keep an accurate record of such orders and payments.
3. (1) Upon termination of the assignment for any case in whichpayments are not to be made to the payment center pursuant to section454.530, the clerk of the court shall continue as trustee for the divisionof family services or the other state's IV-A agency for any accrued unpaidsupport at the time of the termination and as trustee for the obligee forany support becoming due after the termination. If there has been anassignment to the division of family services and there is no currentassignment to another state's IV-A agency, the clerk of the court shallforward to the obligee all payments for support accruing subsequent to thetermination and shall forward to the department of social services allpayments for support which had accrued and were unpaid at the time of thetermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the clerk of the court shall continue to forward to that state'sIV-D agency all payments for support accruing subsequent to the terminationof the assignment as well as all payments for support which had accrued andwere unpaid at the time of the termination. When there has been anassignment to the division of family services, the clerk of the court shallapply payments first to support which has accrued subsequent to thetermination, to the extent thereof, and then to support which accrued priorto termination, except such payments collected by the division of childsupport enforcement through debt setoff or legal process shall be forwardedto the department of social services, unless the department of socialservices directs otherwise. After termination of the assignment, thetrusteeship may be dissolved upon motion of a party after notice andhearing on behalf of all parties to the proceeding or pursuant tosubsections 3 to 7 of section 454.430. Prior to termination of theassignment, no motion may be filed, nor maintained, for the purpose ofterminating or abating any trusteeship in favor of the division of familyservices or another state's IV-A agency.
(2) Effective October 1, 1999, upon termination of the assignment forany case in which payments are to be made to the payment center pursuant tosection 454.530, the payment center shall continue as trustee for thedivision of family services or the other state's IV-A agency for anyaccrued unpaid support at the time of the termination and as trustee forthe obligee for any support coming due after the termination. If there hasbeen an assignment to the division of family services and there is nocurrent assignment to another state's IV-A agency, the payment center shallforward to the obligee all payments for support which accrue after thetermination and shall forward to the division of child support enforcementall payments for support which had accrued and were unpaid at the time oftermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the payment center shall continue to forward to that state's IV-Dagency all payments for support which accrue after the termination of theassignment as well as all payments for support which had accrued and wereunpaid at the time of termination. If there has been an assignment to thedivision of family services, the payment center shall apply payments firstto support which accrues after the termination, to the extent thereof, andthen to support which accrued prior to termination; except that suchpayments collected by the division of child support enforcement throughdebt setoff or legal process shall be forwarded to the division of childsupport enforcement, unless the division directs otherwise. Aftertermination of the assignment, the trusteeship may be dissolved upon motionof a party after notice and hearing on behalf of all parties to theproceeding or pursuant to subsections 3 to 7 of section 454.430. Prior totermination of the assignment, no motion shall be filed or maintained forthe purpose of terminating or abating any trusteeship in favor of thedivision of family services or another state's IV-A agency.
4. For purposes of this section, "assignment" includes an assignmentto the state by a person who has applied or is receiving assistance under aprogram funded pursuant to Part A of Title IV or Title XIX of the SocialSecurity Act.
Definitions--assignment of support rights to family services,procedure--clerk of court or family support payment center madetrustee, when, duties--termination of assignment, effect of.
454.415. 1. For the purposes of this section, the term "IV-A agency"shall mean:
(1) An agency that has been designated by a state to administerprograms pursuant to Title IV-A of the Social Security Act;
(2) An agency that has been designated by a state to administerprograms pursuant to Title IV-D of the Social Security Act; or
(3) Any other entity entitled to receive and disburse child supportpayments in that state.
2. When a court has ordered support payments to a person who has madean assignment of support rights to the division of family services or theIV-A agency of another state on behalf of this or such other state, thedivision of child support enforcement shall notify the court.
(1) Until October 1, 1999, upon such notice, the court shall orderall support payments to be made to the clerk of the court as trustee forthe division of family services or the other state's IV-A agency, whicheveris appropriate, as assignee of the support rights. The clerk shall forwardall support payments to the department of social services, which paymentshave been identified by the department for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The clerk shall forward support payments to the otherstate's IV-D agency when assignments have been made to that state's IV-Aagency. Notification to the court by the division of child supportenforcement of the assignment of support rights shall, in and of itself,authorize the court to make the clerk trustee, notwithstanding anyprovision of any existing court order, statute, or other law to thecontrary, and the court need not hold a hearing on the matter. The amountof the obligation owed to this state or the other state's IV-A agency shallbe the amount specified in a court order which covers the assigned rights.The clerk shall keep an accurate record of such orders and such paymentsand shall note such assignment in the case file in such a manner as to makethe fact of the assignment easily discernible.
(2) Effective October 1, 1999, support payments are to be made to thepayment center pursuant to section 454.530 as trustee for the division offamily services or other state's IV-A agency, whichever is appropriate, asassignee of the support rights. The payment center shall forward allsupport payments to the state, which payments have been identified by thedivision of child support enforcement for deposit in the appropriate fundwithin the state treasury when assignments have been made to the divisionof family services. The payment center shall forward support payments tothe other state's IV-D agency when assignments have been made to thatstate's IV-A agency. Notification to the court by the division of childsupport enforcement of the assignment of support rights shall, in and ofitself, make the payment center trustee, notwithstanding any provision ofany existing court order or state law to the contrary, and the court shallnot be required to hold a hearing on the matter. The amount of theobligation owed to this state or the other state's IV-A agency shall be theamount specified in a court order which covers the assigned rights. Thepayment center shall keep an accurate record of such orders and payments.
3. (1) Upon termination of the assignment for any case in whichpayments are not to be made to the payment center pursuant to section454.530, the clerk of the court shall continue as trustee for the divisionof family services or the other state's IV-A agency for any accrued unpaidsupport at the time of the termination and as trustee for the obligee forany support becoming due after the termination. If there has been anassignment to the division of family services and there is no currentassignment to another state's IV-A agency, the clerk of the court shallforward to the obligee all payments for support accruing subsequent to thetermination and shall forward to the department of social services allpayments for support which had accrued and were unpaid at the time of thetermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the clerk of the court shall continue to forward to that state'sIV-D agency all payments for support accruing subsequent to the terminationof the assignment as well as all payments for support which had accrued andwere unpaid at the time of the termination. When there has been anassignment to the division of family services, the clerk of the court shallapply payments first to support which has accrued subsequent to thetermination, to the extent thereof, and then to support which accrued priorto termination, except such payments collected by the division of childsupport enforcement through debt setoff or legal process shall be forwardedto the department of social services, unless the department of socialservices directs otherwise. After termination of the assignment, thetrusteeship may be dissolved upon motion of a party after notice andhearing on behalf of all parties to the proceeding or pursuant tosubsections 3 to 7 of section 454.430. Prior to termination of theassignment, no motion may be filed, nor maintained, for the purpose ofterminating or abating any trusteeship in favor of the division of familyservices or another state's IV-A agency.
(2) Effective October 1, 1999, upon termination of the assignment forany case in which payments are to be made to the payment center pursuant tosection 454.530, the payment center shall continue as trustee for thedivision of family services or the other state's IV-A agency for anyaccrued unpaid support at the time of the termination and as trustee forthe obligee for any support coming due after the termination. If there hasbeen an assignment to the division of family services and there is nocurrent assignment to another state's IV-A agency, the payment center shallforward to the obligee all payments for support which accrue after thetermination and shall forward to the division of child support enforcementall payments for support which had accrued and were unpaid at the time oftermination. If there has been an assignment to another state's IV-Aagency and there is no current assignment to the division of familyservices, the payment center shall continue to forward to that state's IV-Dagency all payments for support which accrue after the termination of theassignment as well as all payments for support which had accrued and wereunpaid at the time of termination. If there has been an assignment to thedivision of family services, the payment center shall apply payments firstto support which accrues after the termination, to the extent thereof, andthen to support which accrued prior to termination; except that suchpayments collected by the division of child support enforcement throughdebt setoff or legal process shall be forwarded to the division of childsupport enforcement, unless the division directs otherwise. Aftertermination of the assignment, the trusteeship may be dissolved upon motionof a party after notice and hearing on behalf of all parties to theproceeding or pursuant to subsections 3 to 7 of section 454.430. Prior totermination of the assignment, no motion shall be filed or maintained forthe purpose of terminating or abating any trusteeship in favor of thedivision of family services or another state's IV-A agency.
4. For purposes of this section, "assignment" includes an assignmentto the state by a person who has applied or is receiving assistance under aprogram funded pursuant to Part A of Title IV or Title XIX of the SocialSecurity Act.
