Director to issue notice and finding of financial responsibility,when, procedure, contents--computation of periodic futuresupport--hearing, when, failure of parent to request, result.
454.470. 1. The director may issue a notice and finding of financialresponsibility to a parent who owes a state debt or who is responsible forthe support of a child on whose behalf the custodian of that child isreceiving support enforcement services from the division pursuant tosection 454.425 if a court order has not been previously entered againstthat parent, a court order has been previously entered but has beenterminated by operation of law or if a support order from another state hasbeen entered but is not entitled to recognition under sections 454.850 to454.997. Service of the notice and finding shall be made on the parent orother party in the manner prescribed for service of process in a civilaction by an authorized process server appointed by the director, or bycertified mail, return receipt requested. The director may appoint anyuninterested party, including but not limited to employees of the division,to serve such process. For purposes of this subsection, a parent whorefuses receipt of service by certified mail is deemed to have been served.Service upon an obligee who is receiving support enforcement services undersection 454.425 may be made by regular mail. When appropriate to thecircumstances of the individual action, the notice shall state:
(1) The name of the person or agency with custody of the dependentchild and the name of the dependent child for whom support is to be paid;
(2) The monthly future support for which the parent shall beresponsible;
(3) The state debt, if any, accrued and accruing, and the monthlypayment to be made on the state debt which has accrued;
(4) A statement of the costs of collection, including attorney'sfees, which may be assessed against the parent;
(5) That the parent shall be responsible for providing medicalinsurance for the dependent child;
(6) That if a parent desires to discuss the amount of support thatshould be paid, the parent or person having custody of the child may,within twenty days after being served, contact the division office whichsent the notice and request a negotiation conference. The other parent orperson having custody of the child shall be notified of the negotiatedconference and may participate in the conference. If no agreement isreached on the monthly amount to be paid, the director may issue a newnotice and finding of financial responsibility, which may be sent to theparent required to pay support by regular mail addressed to the parent'slast known address or, if applicable, the parent's attorney's last knownaddress. A copy of the new notice and finding shall be sent by regularmail to the other parent or person having custody of the child;
(7) That if a parent or person having custody of the child objects toall or any part of the notice and finding of financial responsibility andno negotiation conference is requested, within twenty days of the date ofservice the parent or person having custody of the child shall send to thedivision office which issued the notice a written response which sets forthany objections and requests a hearing; and, that if the director issues anew notice and finding of financial responsibility, the parent or personhaving custody of the child shall have twenty days from the date ofissuance of the new notice to send a hearing request;
(8) That if such a timely response is received by the appropriatedivision office, and if such response raises factual questions requiringthe submission of evidence, the parent or person having custody of thechild shall have the right to a hearing before an impartial hearing officerwho is an attorney licensed to practice law in Missouri and, that if notimely written response is received, the director may enter an order inaccordance with the notice and finding of financial responsibility;
(9) That the parent has the right to be represented at the hearing byan attorney of the parent's own choosing;
(10) That the parent or person having custody of the child has theright to obtain evidence and examine witnesses as provided for in chapter536, RSMo, together with an explanation of the procedure the parent orperson having custody of the child shall follow in order to exercise suchrights;
(11) That as soon as the order is entered, the property of the parentrequired to pay support shall be subject to collection actions, including,but not limited to, wage withholding, garnishment, liens, and executionthereon;
(12) A reference to sections 454.460 to 454.510;
(13) That the parent is responsible for notifying the division of anychange of address or employment;
(14) That if the parent has any questions, the parent shouldtelephone or visit the appropriate division office or consult an attorney;and
(15) Such other information as the director finds appropriate.
2. The statement of periodic future support required by subdivision(2) of subsection 1 of this section is to be computed under the guidelinesestablished in subsection 8 of section 452.340, RSMo.
3. Any time limits for notices or requests may be extended by thedirector, and such extension shall have no effect on the jurisdiction ofthe court, administrative body, or other entity having jurisdiction overthe proceedings.
4. If a timely written response setting forth objections andrequesting a hearing is received by the appropriate division office, and ifsuch response raises a factual question requiring the submission ofevidence, a hearing shall be held in the manner provided by section454.475. If no timely written response and request for hearing is receivedby the appropriate division office, the director may enter an order inaccordance with the notice, and shall specify:
(1) The amount of periodic support to be paid, with directions on themanner of payment;
(2) The amount of state debt, if any, accrued in favor of thedepartment;
(3) The monthly payment to be made on state debt, if any;
(4) The amount of costs of collection, including attorney's fees,assessed against the parent;
(5) The name of the person or agency with custody of the dependentchild and the name and birth date of the dependent child for whom supportis to be paid;
(6) That the property of the parent is subject to collection actions,including, but not limited to, wage withholding, garnishment, liens, andexecution thereon; and
(7) If appropriate, that the parent shall provide medical insurancefor the dependent child, or shall pay the reasonable and necessary medicalexpenses of the dependent child.
5. The parent or person having custody of the child shall be sent acopy of the order by regular mail addressed to the parent's last knownaddress or, if applicable, the parent's attorney's last known address. Theorder is final, and action by the director to enforce and collect upon theorder, including arrearages, may be taken from the date of issuance of theorder.
6. Copies of the orders issued pursuant to this section shall bemailed within fourteen days of the issuance of the order.
7. Any parent or person having custody of the child who is aggrievedas a result of any allegation or issue of fact contained in the notice andfinding of financial responsibility shall be afforded an opportunity for ahearing, upon the request in writing filed with the director not more thantwenty days after service of the notice and finding is made upon suchparent or person having custody of the child, and if in requesting suchhearing, the aggrieved parent or person having custody of the child raisesa factual issue requiring the submission of evidence.
8. At any time after the issuance of an order under this section, thedirector may issue an order vacating that order if it is found that theorder was issued without subject matter or personal jurisdiction or if theorder was issued without affording the obligor due process of law.
Director to issue notice and finding of financial responsibility,when, procedure, contents--computation of periodic futuresupport--hearing, when, failure of parent to request, result.
454.470. 1. The director may issue a notice and finding of financialresponsibility to a parent who owes a state debt or who is responsible forthe support of a child on whose behalf the custodian of that child isreceiving support enforcement services from the division pursuant tosection 454.425 if a court order has not been previously entered againstthat parent, a court order has been previously entered but has beenterminated by operation of law or if a support order from another state hasbeen entered but is not entitled to recognition under sections 454.850 to454.997. Service of the notice and finding shall be made on the parent orother party in the manner prescribed for service of process in a civilaction by an authorized process server appointed by the director, or bycertified mail, return receipt requested. The director may appoint anyuninterested party, including but not limited to employees of the division,to serve such process. For purposes of this subsection, a parent whorefuses receipt of service by certified mail is deemed to have been served.Service upon an obligee who is receiving support enforcement services undersection 454.425 may be made by regular mail. When appropriate to thecircumstances of the individual action, the notice shall state:
(1) The name of the person or agency with custody of the dependentchild and the name of the dependent child for whom support is to be paid;
(2) The monthly future support for which the parent shall beresponsible;
(3) The state debt, if any, accrued and accruing, and the monthlypayment to be made on the state debt which has accrued;
(4) A statement of the costs of collection, including attorney'sfees, which may be assessed against the parent;
(5) That the parent shall be responsible for providing medicalinsurance for the dependent child;
(6) That if a parent desires to discuss the amount of support thatshould be paid, the parent or person having custody of the child may,within twenty days after being served, contact the division office whichsent the notice and request a negotiation conference. The other parent orperson having custody of the child shall be notified of the negotiatedconference and may participate in the conference. If no agreement isreached on the monthly amount to be paid, the director may issue a newnotice and finding of financial responsibility, which may be sent to theparent required to pay support by regular mail addressed to the parent'slast known address or, if applicable, the parent's attorney's last knownaddress. A copy of the new notice and finding shall be sent by regularmail to the other parent or person having custody of the child;
(7) That if a parent or person having custody of the child objects toall or any part of the notice and finding of financial responsibility andno negotiation conference is requested, within twenty days of the date ofservice the parent or person having custody of the child shall send to thedivision office which issued the notice a written response which sets forthany objections and requests a hearing; and, that if the director issues anew notice and finding of financial responsibility, the parent or personhaving custody of the child shall have twenty days from the date ofissuance of the new notice to send a hearing request;
(8) That if such a timely response is received by the appropriatedivision office, and if such response raises factual questions requiringthe submission of evidence, the parent or person having custody of thechild shall have the right to a hearing before an impartial hearing officerwho is an attorney licensed to practice law in Missouri and, that if notimely written response is received, the director may enter an order inaccordance with the notice and finding of financial responsibility;
(9) That the parent has the right to be represented at the hearing byan attorney of the parent's own choosing;
(10) That the parent or person having custody of the child has theright to obtain evidence and examine witnesses as provided for in chapter536, RSMo, together with an explanation of the procedure the parent orperson having custody of the child shall follow in order to exercise suchrights;
(11) That as soon as the order is entered, the property of the parentrequired to pay support shall be subject to collection actions, including,but not limited to, wage withholding, garnishment, liens, and executionthereon;
(12) A reference to sections 454.460 to 454.510;
(13) That the parent is responsible for notifying the division of anychange of address or employment;
(14) That if the parent has any questions, the parent shouldtelephone or visit the appropriate division office or consult an attorney;and
(15) Such other information as the director finds appropriate.
2. The statement of periodic future support required by subdivision(2) of subsection 1 of this section is to be computed under the guidelinesestablished in subsection 8 of section 452.340, RSMo.
3. Any time limits for notices or requests may be extended by thedirector, and such extension shall have no effect on the jurisdiction ofthe court, administrative body, or other entity having jurisdiction overthe proceedings.
4. If a timely written response setting forth objections andrequesting a hearing is received by the appropriate division office, and ifsuch response raises a factual question requiring the submission ofevidence, a hearing shall be held in the manner provided by section454.475. If no timely written response and request for hearing is receivedby the appropriate division office, the director may enter an order inaccordance with the notice, and shall specify:
(1) The amount of periodic support to be paid, with directions on themanner of payment;
(2) The amount of state debt, if any, accrued in favor of thedepartment;
(3) The monthly payment to be made on state debt, if any;
(4) The amount of costs of collection, including attorney's fees,assessed against the parent;
(5) The name of the person or agency with custody of the dependentchild and the name and birth date of the dependent child for whom supportis to be paid;
(6) That the property of the parent is subject to collection actions,including, but not limited to, wage withholding, garnishment, liens, andexecution thereon; and
(7) If appropriate, that the parent shall provide medical insurancefor the dependent child, or shall pay the reasonable and necessary medicalexpenses of the dependent child.
5. The parent or person having custody of the child shall be sent acopy of the order by regular mail addressed to the parent's last knownaddress or, if applicable, the parent's attorney's last known address. Theorder is final, and action by the director to enforce and collect upon theorder, including arrearages, may be taken from the date of issuance of theorder.
6. Copies of the orders issued pursuant to this section shall bemailed within fourteen days of the issuance of the order.
7. Any parent or person having custody of the child who is aggrievedas a result of any allegation or issue of fact contained in the notice andfinding of financial responsibility shall be afforded an opportunity for ahearing, upon the request in writing filed with the director not more thantwenty days after service of the notice and finding is made upon suchparent or person having custody of the child, and if in requesting suchhearing, the aggrieved parent or person having custody of the child raisesa factual issue requiring the submission of evidence.
8. At any time after the issuance of an order under this section, thedirector may issue an order vacating that order if it is found that theorder was issued without subject matter or personal jurisdiction or if theorder was issued without affording the obligor due process of law.
Director to issue notice and finding of financial responsibility,when, procedure, contents--computation of periodic futuresupport--hearing, when, failure of parent to request, result.
454.470. 1. The director may issue a notice and finding of financialresponsibility to a parent who owes a state debt or who is responsible forthe support of a child on whose behalf the custodian of that child isreceiving support enforcement services from the division pursuant tosection 454.425 if a court order has not been previously entered againstthat parent, a court order has been previously entered but has beenterminated by operation of law or if a support order from another state hasbeen entered but is not entitled to recognition under sections 454.850 to454.997. Service of the notice and finding shall be made on the parent orother party in the manner prescribed for service of process in a civilaction by an authorized process server appointed by the director, or bycertified mail, return receipt requested. The director may appoint anyuninterested party, including but not limited to employees of the division,to serve such process. For purposes of this subsection, a parent whorefuses receipt of service by certified mail is deemed to have been served.Service upon an obligee who is receiving support enforcement services undersection 454.425 may be made by regular mail. When appropriate to thecircumstances of the individual action, the notice shall state:
(1) The name of the person or agency with custody of the dependentchild and the name of the dependent child for whom support is to be paid;
(2) The monthly future support for which the parent shall beresponsible;
(3) The state debt, if any, accrued and accruing, and the monthlypayment to be made on the state debt which has accrued;
(4) A statement of the costs of collection, including attorney'sfees, which may be assessed against the parent;
(5) That the parent shall be responsible for providing medicalinsurance for the dependent child;
(6) That if a parent desires to discuss the amount of support thatshould be paid, the parent or person having custody of the child may,within twenty days after being served, contact the division office whichsent the notice and request a negotiation conference. The other parent orperson having custody of the child shall be notified of the negotiatedconference and may participate in the conference. If no agreement isreached on the monthly amount to be paid, the director may issue a newnotice and finding of financial responsibility, which may be sent to theparent required to pay support by regular mail addressed to the parent'slast known address or, if applicable, the parent's attorney's last knownaddress. A copy of the new notice and finding shall be sent by regularmail to the other parent or person having custody of the child;
(7) That if a parent or person having custody of the child objects toall or any part of the notice and finding of financial responsibility andno negotiation conference is requested, within twenty days of the date ofservice the parent or person having custody of the child shall send to thedivision office which issued the notice a written response which sets forthany objections and requests a hearing; and, that if the director issues anew notice and finding of financial responsibility, the parent or personhaving custody of the child shall have twenty days from the date ofissuance of the new notice to send a hearing request;
(8) That if such a timely response is received by the appropriatedivision office, and if such response raises factual questions requiringthe submission of evidence, the parent or person having custody of thechild shall have the right to a hearing before an impartial hearing officerwho is an attorney licensed to practice law in Missouri and, that if notimely written response is received, the director may enter an order inaccordance with the notice and finding of financial responsibility;
(9) That the parent has the right to be represented at the hearing byan attorney of the parent's own choosing;
(10) That the parent or person having custody of the child has theright to obtain evidence and examine witnesses as provided for in chapter536, RSMo, together with an explanation of the procedure the parent orperson having custody of the child shall follow in order to exercise suchrights;
(11) That as soon as the order is entered, the property of the parentrequired to pay support shall be subject to collection actions, including,but not limited to, wage withholding, garnishment, liens, and executionthereon;
(12) A reference to sections 454.460 to 454.510;
(13) That the parent is responsible for notifying the division of anychange of address or employment;
(14) That if the parent has any questions, the parent shouldtelephone or visit the appropriate division office or consult an attorney;and
(15) Such other information as the director finds appropriate.
2. The statement of periodic future support required by subdivision(2) of subsection 1 of this section is to be computed under the guidelinesestablished in subsection 8 of section 452.340, RSMo.
3. Any time limits for notices or requests may be extended by thedirector, and such extension shall have no effect on the jurisdiction ofthe court, administrative body, or other entity having jurisdiction overthe proceedings.
4. If a timely written response setting forth objections andrequesting a hearing is received by the appropriate division office, and ifsuch response raises a factual question requiring the submission ofevidence, a hearing shall be held in the manner provided by section454.475. If no timely written response and request for hearing is receivedby the appropriate division office, the director may enter an order inaccordance with the notice, and shall specify:
(1) The amount of periodic support to be paid, with directions on themanner of payment;
(2) The amount of state debt, if any, accrued in favor of thedepartment;
(3) The monthly payment to be made on state debt, if any;
(4) The amount of costs of collection, including attorney's fees,assessed against the parent;
(5) The name of the person or agency with custody of the dependentchild and the name and birth date of the dependent child for whom supportis to be paid;
(6) That the property of the parent is subject to collection actions,including, but not limited to, wage withholding, garnishment, liens, andexecution thereon; and
(7) If appropriate, that the parent shall provide medical insurancefor the dependent child, or shall pay the reasonable and necessary medicalexpenses of the dependent child.
5. The parent or person having custody of the child shall be sent acopy of the order by regular mail addressed to the parent's last knownaddress or, if applicable, the parent's attorney's last known address. Theorder is final, and action by the director to enforce and collect upon theorder, including arrearages, may be taken from the date of issuance of theorder.
6. Copies of the orders issued pursuant to this section shall bemailed within fourteen days of the issuance of the order.
7. Any parent or person having custody of the child who is aggrievedas a result of any allegation or issue of fact contained in the notice andfinding of financial responsibility shall be afforded an opportunity for ahearing, upon the request in writing filed with the director not more thantwenty days after service of the notice and finding is made upon suchparent or person having custody of the child, and if in requesting suchhearing, the aggrieved parent or person having custody of the child raisesa factual issue requiring the submission of evidence.
8. At any time after the issuance of an order under this section, thedirector may issue an order vacating that order if it is found that theorder was issued without subject matter or personal jurisdiction or if theorder was issued without affording the obligor due process of law.
