IV-D agency, defined--clerk of court or family support payment centerto serve as trustee, when, duties--termination of trusteeresponsibilities by division, procedure.
454.430. 1. For the purposes of this section, the term "IV-D agency"means an agency that has been designated by a state to administer programspursuant to Title IV-D of the Social Security Act or any other entityentitled to receive and disburse child support payments in that state.
2. When a court has ordered support payments to a person who isreceiving child support services pursuant to section 454.425, or pursuantto application for IV-D agency services in another state, the division ofchild support enforcement shall so notify the court. Until October 1,1999, upon such notice the court shall order all support payments to bemade to the clerk of the court as trustee for such person. Thenotification to the court by the division 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 clerkshall keep an accurate record of such orders and such payments, and shallreport all such collections to the division in the manner specified by thedivision. The circuit clerk shall forward all such payments to the personreceiving child support services pursuant to section 454.425, or to theIV-D agency in the state in which the person is currently receiving IV-Dservices, as appropriate. Effective October 1, 1999, upon notice by thedivision, all support payments shall be made to the payment center pursuantto section 454.530 as trustee for such person. The notification by thedivision shall, in and of itself, authorize the payment center pursuant tosection 454.530 to be trustee, notwithstanding any provision of anyexisting court order or state law to the contrary, and the court shall notbe required to hold a hearing on the matter. The payment center shall keepan accurate record of such orders and payments, and shall report all suchcollections to the division in a manner specified by the division. Thepayment center shall forward all such payments to the person receivingchild support services pursuant to section 454.425 or to the IV-D agency inthe state in which the person is currently receiving IV-D services, asappropriate.
3. The division is authorized to terminate trusteeshipresponsibilities for future support in IV-D cases pursuant to theprocedures set forth in this section. If the division determines that theorder no longer provides a continuing obligation for support or thecustodial party is no longer receiving child support enforcement services,the division shall send a notice of its intent to terminate the trusteeshipby regular mail to the custodial and noncustodial parties. The noticeshall advise each party that unless written objection is received by thedivision within fifteen days of the date the notice is sent, thetrusteeship for current support shall be terminated. Unless a partyobjects to the termination of the trusteeship in writing within thespecified period, the division shall terminate the trusteeship for currentsupport.
4. If an objection is filed by either party to the case, thetrusteeship may be terminated for future support only upon the filing of amotion with the court in which the trusteeship is established and afternotice to all parties and hearing on the motion.
5. If the requirements of subsection 3 of this section have been met,the trusteeship responsibilities for future support shall terminate. Thetrusteeship shall remain in effect only to the extent that payments aremade to satisfy any accrued unpaid support that was due as of the date of*the notice. The notice shall, in and of itself, terminate the trusteeshipresponsibilities for future support, and the court need not hold a hearingon the matter.
6. Any party whose trusteeship is terminated pursuant to this sectionmay reopen a trusteeship pursuant to section 452.345, RSMo.
7. Termination of a trusteeship pursuant to this section shall not,in and of itself, constitute a judicial determination as to the rights of aparty to receive support or the obligation of a party to pay supportpursuant to a support order entered in the case.
IV-D agency, defined--clerk of court or family support payment centerto serve as trustee, when, duties--termination of trusteeresponsibilities by division, procedure.
454.430. 1. For the purposes of this section, the term "IV-D agency"means an agency that has been designated by a state to administer programspursuant to Title IV-D of the Social Security Act or any other entityentitled to receive and disburse child support payments in that state.
2. When a court has ordered support payments to a person who isreceiving child support services pursuant to section 454.425, or pursuantto application for IV-D agency services in another state, the division ofchild support enforcement shall so notify the court. Until October 1,1999, upon such notice the court shall order all support payments to bemade to the clerk of the court as trustee for such person. Thenotification to the court by the division 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 clerkshall keep an accurate record of such orders and such payments, and shallreport all such collections to the division in the manner specified by thedivision. The circuit clerk shall forward all such payments to the personreceiving child support services pursuant to section 454.425, or to theIV-D agency in the state in which the person is currently receiving IV-Dservices, as appropriate. Effective October 1, 1999, upon notice by thedivision, all support payments shall be made to the payment center pursuantto section 454.530 as trustee for such person. The notification by thedivision shall, in and of itself, authorize the payment center pursuant tosection 454.530 to be trustee, notwithstanding any provision of anyexisting court order or state law to the contrary, and the court shall notbe required to hold a hearing on the matter. The payment center shall keepan accurate record of such orders and payments, and shall report all suchcollections to the division in a manner specified by the division. Thepayment center shall forward all such payments to the person receivingchild support services pursuant to section 454.425 or to the IV-D agency inthe state in which the person is currently receiving IV-D services, asappropriate.
3. The division is authorized to terminate trusteeshipresponsibilities for future support in IV-D cases pursuant to theprocedures set forth in this section. If the division determines that theorder no longer provides a continuing obligation for support or thecustodial party is no longer receiving child support enforcement services,the division shall send a notice of its intent to terminate the trusteeshipby regular mail to the custodial and noncustodial parties. The noticeshall advise each party that unless written objection is received by thedivision within fifteen days of the date the notice is sent, thetrusteeship for current support shall be terminated. Unless a partyobjects to the termination of the trusteeship in writing within thespecified period, the division shall terminate the trusteeship for currentsupport.
4. If an objection is filed by either party to the case, thetrusteeship may be terminated for future support only upon the filing of amotion with the court in which the trusteeship is established and afternotice to all parties and hearing on the motion.
5. If the requirements of subsection 3 of this section have been met,the trusteeship responsibilities for future support shall terminate. Thetrusteeship shall remain in effect only to the extent that payments aremade to satisfy any accrued unpaid support that was due as of the date of*the notice. The notice shall, in and of itself, terminate the trusteeshipresponsibilities for future support, and the court need not hold a hearingon the matter.
6. Any party whose trusteeship is terminated pursuant to this sectionmay reopen a trusteeship pursuant to section 452.345, RSMo.
7. Termination of a trusteeship pursuant to this section shall not,in and of itself, constitute a judicial determination as to the rights of aparty to receive support or the obligation of a party to pay supportpursuant to a support order entered in the case.
IV-D agency, defined--clerk of court or family support payment centerto serve as trustee, when, duties--termination of trusteeresponsibilities by division, procedure.
454.430. 1. For the purposes of this section, the term "IV-D agency"means an agency that has been designated by a state to administer programspursuant to Title IV-D of the Social Security Act or any other entityentitled to receive and disburse child support payments in that state.
2. When a court has ordered support payments to a person who isreceiving child support services pursuant to section 454.425, or pursuantto application for IV-D agency services in another state, the division ofchild support enforcement shall so notify the court. Until October 1,1999, upon such notice the court shall order all support payments to bemade to the clerk of the court as trustee for such person. Thenotification to the court by the division 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 clerkshall keep an accurate record of such orders and such payments, and shallreport all such collections to the division in the manner specified by thedivision. The circuit clerk shall forward all such payments to the personreceiving child support services pursuant to section 454.425, or to theIV-D agency in the state in which the person is currently receiving IV-Dservices, as appropriate. Effective October 1, 1999, upon notice by thedivision, all support payments shall be made to the payment center pursuantto section 454.530 as trustee for such person. The notification by thedivision shall, in and of itself, authorize the payment center pursuant tosection 454.530 to be trustee, notwithstanding any provision of anyexisting court order or state law to the contrary, and the court shall notbe required to hold a hearing on the matter. The payment center shall keepan accurate record of such orders and payments, and shall report all suchcollections to the division in a manner specified by the division. Thepayment center shall forward all such payments to the person receivingchild support services pursuant to section 454.425 or to the IV-D agency inthe state in which the person is currently receiving IV-D services, asappropriate.
3. The division is authorized to terminate trusteeshipresponsibilities for future support in IV-D cases pursuant to theprocedures set forth in this section. If the division determines that theorder no longer provides a continuing obligation for support or thecustodial party is no longer receiving child support enforcement services,the division shall send a notice of its intent to terminate the trusteeshipby regular mail to the custodial and noncustodial parties. The noticeshall advise each party that unless written objection is received by thedivision within fifteen days of the date the notice is sent, thetrusteeship for current support shall be terminated. Unless a partyobjects to the termination of the trusteeship in writing within thespecified period, the division shall terminate the trusteeship for currentsupport.
4. If an objection is filed by either party to the case, thetrusteeship may be terminated for future support only upon the filing of amotion with the court in which the trusteeship is established and afternotice to all parties and hearing on the motion.
5. If the requirements of subsection 3 of this section have been met,the trusteeship responsibilities for future support shall terminate. Thetrusteeship shall remain in effect only to the extent that payments aremade to satisfy any accrued unpaid support that was due as of the date of*the notice. The notice shall, in and of itself, terminate the trusteeshipresponsibilities for future support, and the court need not hold a hearingon the matter.
6. Any party whose trusteeship is terminated pursuant to this sectionmay reopen a trusteeship pursuant to section 452.345, RSMo.
7. Termination of a trusteeship pursuant to this section shall not,in and of itself, constitute a judicial determination as to the rights of aparty to receive support or the obligation of a party to pay supportpursuant to a support order entered in the case.
