State debt, defined, calculation--rights of family servicesregarding state debts--service of process, procedure.
454.465. 1. For purposes of sections 454.460 to 454.505, a paymentof public assistance by the division of family services to or for thebenefit of any dependent child, including any payment made for the benefitof the caretaker of the child, creates an obligation, to be called "statedebt", which is due and owing to the department by the parent, or parents,absent from the home where the dependent child resided at the time thepublic assistance was paid. The amount of the state debt shall bedetermined as follows:
(1) Where there exists a court order directed to a parent whichcovers that parent's support obligation to a dependent during a period inwhich the division of family services provided public assistance to or forthe benefit of that dependent, the state debt of that parent shall be anamount equal to the obligation ordered by the court, including arrearagesand unpaid medical expenses, up to the full amount of public assistancepaid; or
(2) Where no court order covers a parent's support obligation to adependent during a period in which the division of family services providedpublic assistance to or for the benefit of that dependent, the state debtmay be set or reset by the director in an amount not to exceed the amountof public assistance so provided by the division of family services.
2. No agreement between any obligee and any obligor regarding anyduty of support, or responsibility therefor, or purporting to settle past,present, or future support obligations either as settlement or prepaymentshall act to reduce or terminate any rights of the division to recover fromthat obligor for public assistance provided.
3. The division shall have the right to make a motion to a court oradministrative tribunal for modification of any court order creating asupport obligation which has been assigned to the division of familyservices to the same extent as a party to that action.
4. The department, or any division thereof, as designated by thedepartment director is hereby authorized to promulgate such rules pursuantto section 454.400 and chapter 536, RSMo, as may be necessary to carry outthe provisions of this chapter and the requirements of the federal SocialSecurity Act, including, but not necessarily limited to, the opportunityfor a hearing to contest an order of the division establishing or modifyingsupport rules for narrowing issues and simplifying the methods of proof athearings, and establishing procedures for notice and the manner of serviceto be employed in all proceedings and remedies instituted pursuant tosections 454.460 to 454.505.
5. Service pursuant to sections 454.460 to 454.505 may be made on theparent or other party in the manner prescribed for service of process in acivil action, by an authorized process server appointed by the director, orby certified mail, return receipt requested. The director may appoint anyuninterested party, including, but not necessarily limited to, employees ofthe division, to serve such process. For the purposes of this subsection,a parent who refuses receipt of service by certified mail is deemed to havebeen served.
6. Creation of or exemption from a state debt pursuant to thissection shall not limit any rights which the department has or may obtainpursuant to common or statutory law, including, but not limited to, thoseobtained pursuant to an assignment of support rights obtained pursuant tosection 208.040, RSMo.
(1991) Where statute authorizes director to set or reset amount of child support arrearage in amount not to exceed amount of public assistance paid and policy of director to set amount of arrearage at total amount of public assistance paid conflicted with federal regulations that arrearages owed to state be calculated in accordance with set formula. Federal regulations preempted Missouri statute and policy. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
(1991) Where former directors and current director of Missouri Division of Child Support Enforcement decided not to use federally mandated formula in setting amount of child support arrearage owed to state by noncustodial parents, directors were not entitled to absolute immunity from civil rights claims but since decisions were not adjudicatory in nature but were purely administrative, there was no recourse available to challenge directors' underlying policies. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
State debt, defined, calculation--rights of family servicesregarding state debts--service of process, procedure.
454.465. 1. For purposes of sections 454.460 to 454.505, a paymentof public assistance by the division of family services to or for thebenefit of any dependent child, including any payment made for the benefitof the caretaker of the child, creates an obligation, to be called "statedebt", which is due and owing to the department by the parent, or parents,absent from the home where the dependent child resided at the time thepublic assistance was paid. The amount of the state debt shall bedetermined as follows:
(1) Where there exists a court order directed to a parent whichcovers that parent's support obligation to a dependent during a period inwhich the division of family services provided public assistance to or forthe benefit of that dependent, the state debt of that parent shall be anamount equal to the obligation ordered by the court, including arrearagesand unpaid medical expenses, up to the full amount of public assistancepaid; or
(2) Where no court order covers a parent's support obligation to adependent during a period in which the division of family services providedpublic assistance to or for the benefit of that dependent, the state debtmay be set or reset by the director in an amount not to exceed the amountof public assistance so provided by the division of family services.
2. No agreement between any obligee and any obligor regarding anyduty of support, or responsibility therefor, or purporting to settle past,present, or future support obligations either as settlement or prepaymentshall act to reduce or terminate any rights of the division to recover fromthat obligor for public assistance provided.
3. The division shall have the right to make a motion to a court oradministrative tribunal for modification of any court order creating asupport obligation which has been assigned to the division of familyservices to the same extent as a party to that action.
4. The department, or any division thereof, as designated by thedepartment director is hereby authorized to promulgate such rules pursuantto section 454.400 and chapter 536, RSMo, as may be necessary to carry outthe provisions of this chapter and the requirements of the federal SocialSecurity Act, including, but not necessarily limited to, the opportunityfor a hearing to contest an order of the division establishing or modifyingsupport rules for narrowing issues and simplifying the methods of proof athearings, and establishing procedures for notice and the manner of serviceto be employed in all proceedings and remedies instituted pursuant tosections 454.460 to 454.505.
5. Service pursuant to sections 454.460 to 454.505 may be made on theparent or other party in the manner prescribed for service of process in acivil action, by an authorized process server appointed by the director, orby certified mail, return receipt requested. The director may appoint anyuninterested party, including, but not necessarily limited to, employees ofthe division, to serve such process. For the purposes of this subsection,a parent who refuses receipt of service by certified mail is deemed to havebeen served.
6. Creation of or exemption from a state debt pursuant to thissection shall not limit any rights which the department has or may obtainpursuant to common or statutory law, including, but not limited to, thoseobtained pursuant to an assignment of support rights obtained pursuant tosection 208.040, RSMo.
(1991) Where statute authorizes director to set or reset amount of child support arrearage in amount not to exceed amount of public assistance paid and policy of director to set amount of arrearage at total amount of public assistance paid conflicted with federal regulations that arrearages owed to state be calculated in accordance with set formula. Federal regulations preempted Missouri statute and policy. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
(1991) Where former directors and current director of Missouri Division of Child Support Enforcement decided not to use federally mandated formula in setting amount of child support arrearage owed to state by noncustodial parents, directors were not entitled to absolute immunity from civil rights claims but since decisions were not adjudicatory in nature but were purely administrative, there was no recourse available to challenge directors' underlying policies. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
State debt, defined, calculation--rights of family servicesregarding state debts--service of process, procedure.
454.465. 1. For purposes of sections 454.460 to 454.505, a paymentof public assistance by the division of family services to or for thebenefit of any dependent child, including any payment made for the benefitof the caretaker of the child, creates an obligation, to be called "statedebt", which is due and owing to the department by the parent, or parents,absent from the home where the dependent child resided at the time thepublic assistance was paid. The amount of the state debt shall bedetermined as follows:
(1) Where there exists a court order directed to a parent whichcovers that parent's support obligation to a dependent during a period inwhich the division of family services provided public assistance to or forthe benefit of that dependent, the state debt of that parent shall be anamount equal to the obligation ordered by the court, including arrearagesand unpaid medical expenses, up to the full amount of public assistancepaid; or
(2) Where no court order covers a parent's support obligation to adependent during a period in which the division of family services providedpublic assistance to or for the benefit of that dependent, the state debtmay be set or reset by the director in an amount not to exceed the amountof public assistance so provided by the division of family services.
2. No agreement between any obligee and any obligor regarding anyduty of support, or responsibility therefor, or purporting to settle past,present, or future support obligations either as settlement or prepaymentshall act to reduce or terminate any rights of the division to recover fromthat obligor for public assistance provided.
3. The division shall have the right to make a motion to a court oradministrative tribunal for modification of any court order creating asupport obligation which has been assigned to the division of familyservices to the same extent as a party to that action.
4. The department, or any division thereof, as designated by thedepartment director is hereby authorized to promulgate such rules pursuantto section 454.400 and chapter 536, RSMo, as may be necessary to carry outthe provisions of this chapter and the requirements of the federal SocialSecurity Act, including, but not necessarily limited to, the opportunityfor a hearing to contest an order of the division establishing or modifyingsupport rules for narrowing issues and simplifying the methods of proof athearings, and establishing procedures for notice and the manner of serviceto be employed in all proceedings and remedies instituted pursuant tosections 454.460 to 454.505.
5. Service pursuant to sections 454.460 to 454.505 may be made on theparent or other party in the manner prescribed for service of process in acivil action, by an authorized process server appointed by the director, orby certified mail, return receipt requested. The director may appoint anyuninterested party, including, but not necessarily limited to, employees ofthe division, to serve such process. For the purposes of this subsection,a parent who refuses receipt of service by certified mail is deemed to havebeen served.
6. Creation of or exemption from a state debt pursuant to thissection shall not limit any rights which the department has or may obtainpursuant to common or statutory law, including, but not limited to, thoseobtained pursuant to an assignment of support rights obtained pursuant tosection 208.040, RSMo.
(1991) Where statute authorizes director to set or reset amount of child support arrearage in amount not to exceed amount of public assistance paid and policy of director to set amount of arrearage at total amount of public assistance paid conflicted with federal regulations that arrearages owed to state be calculated in accordance with set formula. Federal regulations preempted Missouri statute and policy. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
(1991) Where former directors and current director of Missouri Division of Child Support Enforcement decided not to use federally mandated formula in setting amount of child support arrearage owed to state by noncustodial parents, directors were not entitled to absolute immunity from civil rights claims but since decisions were not adjudicatory in nature but were purely administrative, there was no recourse available to challenge directors' underlying policies. Jackson v. Rapps, 947 F.2d 332 (8th Cir.).
