Administrative hearing, procedure, effect on orders of socialservices--support, how determined--failure of parent to appear,result--judicial review.
454.475. 1. Hearings provided for in this section shall beconducted pursuant to chapter 536, RSMo, by administrative hearing officersdesignated by the Missouri department of social services. The hearing*officer shall provide the parents, the person having custody of the child,or other appropriate agencies or their attorneys with notice of anyproceeding in which support obligations may be established or modified.The department shall not be stayed from enforcing and collecting upon theadministrative order during the hearing process and during any appeal tothe courts of this state, unless specifically enjoined by court order.
2. If no factual issue has been raised by the application forhearing, or the issues raised have been previously litigated or do notconstitute a defense to the action, the director may enter an order withoutan evidentiary hearing, which order shall be a final decision entitled tojudicial review as provided in sections 536.100 to 536.140, RSMo.
3. After full and fair hearing, the hearing officer shall makespecific findings regarding the liability and responsibility, if any, ofthe alleged responsible parent for the support of the dependent child, andfor repayment of accrued state debt or arrearages, and the costs ofcollection, and shall enter an order consistent therewith. In making thedetermination of the amount the parent shall contribute toward the futuresupport of a dependent child, the hearing officer shall use the scale andformula for minimum support obligations established by the departmentpursuant to section 454.480.
4. If the person who requests the hearing fails to appear at the timeand place set for the hearing, upon a showing of proper notice to thatparent, the hearing officer shall enter findings and order in accordancewith the provisions of the notice and finding of support responsibilityunless the hearing officer determines that no good cause therefor exists.
5. In contested cases, the findings and order of the hearing officershall be the decision of the director. Any parent or person having custodyof the child adversely affected by such decision may obtain judicial reviewpursuant to sections 536.100 to 536.140, RSMo, by filing a petition forreview in the circuit court of proper venue within thirty days of mailingof the decision. Copies of the decision or order of the hearing* officershall be mailed to any parent, person having custody of the child and thedivision within fourteen days of issuance.
6. If a hearing has been requested, and upon request of a parent, aperson having custody of the child, the division or a IV-D agency, thedirector shall enter a temporary order requiring the provision of childsupport pending the final decision or order pursuant to this section ifthere is clear and convincing evidence establishing a presumption ofpaternity pursuant to section 210.822, RSMo. In determining the amount ofchild support, the director shall consider the factors set forth in section452.340, RSMo. The temporary order, effective upon filing pursuant tosection 454.490, is not subject to a hearing pursuant to this section. Thetemporary order may be stayed by a court of competent jurisdiction onlyafter a hearing and a finding by the court that the order fails to complywith rule 88.01.
(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.).
Administrative hearing, procedure, effect on orders of socialservices--support, how determined--failure of parent to appear,result--judicial review.
454.475. 1. Hearings provided for in this section shall beconducted pursuant to chapter 536, RSMo, by administrative hearing officersdesignated by the Missouri department of social services. The hearing*officer shall provide the parents, the person having custody of the child,or other appropriate agencies or their attorneys with notice of anyproceeding in which support obligations may be established or modified.The department shall not be stayed from enforcing and collecting upon theadministrative order during the hearing process and during any appeal tothe courts of this state, unless specifically enjoined by court order.
2. If no factual issue has been raised by the application forhearing, or the issues raised have been previously litigated or do notconstitute a defense to the action, the director may enter an order withoutan evidentiary hearing, which order shall be a final decision entitled tojudicial review as provided in sections 536.100 to 536.140, RSMo.
3. After full and fair hearing, the hearing officer shall makespecific findings regarding the liability and responsibility, if any, ofthe alleged responsible parent for the support of the dependent child, andfor repayment of accrued state debt or arrearages, and the costs ofcollection, and shall enter an order consistent therewith. In making thedetermination of the amount the parent shall contribute toward the futuresupport of a dependent child, the hearing officer shall use the scale andformula for minimum support obligations established by the departmentpursuant to section 454.480.
4. If the person who requests the hearing fails to appear at the timeand place set for the hearing, upon a showing of proper notice to thatparent, the hearing officer shall enter findings and order in accordancewith the provisions of the notice and finding of support responsibilityunless the hearing officer determines that no good cause therefor exists.
5. In contested cases, the findings and order of the hearing officershall be the decision of the director. Any parent or person having custodyof the child adversely affected by such decision may obtain judicial reviewpursuant to sections 536.100 to 536.140, RSMo, by filing a petition forreview in the circuit court of proper venue within thirty days of mailingof the decision. Copies of the decision or order of the hearing* officershall be mailed to any parent, person having custody of the child and thedivision within fourteen days of issuance.
6. If a hearing has been requested, and upon request of a parent, aperson having custody of the child, the division or a IV-D agency, thedirector shall enter a temporary order requiring the provision of childsupport pending the final decision or order pursuant to this section ifthere is clear and convincing evidence establishing a presumption ofpaternity pursuant to section 210.822, RSMo. In determining the amount ofchild support, the director shall consider the factors set forth in section452.340, RSMo. The temporary order, effective upon filing pursuant tosection 454.490, is not subject to a hearing pursuant to this section. Thetemporary order may be stayed by a court of competent jurisdiction onlyafter a hearing and a finding by the court that the order fails to complywith rule 88.01.
(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.).
Administrative hearing, procedure, effect on orders of socialservices--support, how determined--failure of parent to appear,result--judicial review.
454.475. 1. Hearings provided for in this section shall beconducted pursuant to chapter 536, RSMo, by administrative hearing officersdesignated by the Missouri department of social services. The hearing*officer shall provide the parents, the person having custody of the child,or other appropriate agencies or their attorneys with notice of anyproceeding in which support obligations may be established or modified.The department shall not be stayed from enforcing and collecting upon theadministrative order during the hearing process and during any appeal tothe courts of this state, unless specifically enjoined by court order.
2. If no factual issue has been raised by the application forhearing, or the issues raised have been previously litigated or do notconstitute a defense to the action, the director may enter an order withoutan evidentiary hearing, which order shall be a final decision entitled tojudicial review as provided in sections 536.100 to 536.140, RSMo.
3. After full and fair hearing, the hearing officer shall makespecific findings regarding the liability and responsibility, if any, ofthe alleged responsible parent for the support of the dependent child, andfor repayment of accrued state debt or arrearages, and the costs ofcollection, and shall enter an order consistent therewith. In making thedetermination of the amount the parent shall contribute toward the futuresupport of a dependent child, the hearing officer shall use the scale andformula for minimum support obligations established by the departmentpursuant to section 454.480.
4. If the person who requests the hearing fails to appear at the timeand place set for the hearing, upon a showing of proper notice to thatparent, the hearing officer shall enter findings and order in accordancewith the provisions of the notice and finding of support responsibilityunless the hearing officer determines that no good cause therefor exists.
5. In contested cases, the findings and order of the hearing officershall be the decision of the director. Any parent or person having custodyof the child adversely affected by such decision may obtain judicial reviewpursuant to sections 536.100 to 536.140, RSMo, by filing a petition forreview in the circuit court of proper venue within thirty days of mailingof the decision. Copies of the decision or order of the hearing* officershall be mailed to any parent, person having custody of the child and thedivision within fourteen days of issuance.
6. If a hearing has been requested, and upon request of a parent, aperson having custody of the child, the division or a IV-D agency, thedirector shall enter a temporary order requiring the provision of childsupport pending the final decision or order pursuant to this section ifthere is clear and convincing evidence establishing a presumption ofpaternity pursuant to section 210.822, RSMo. In determining the amount ofchild support, the director shall consider the factors set forth in section452.340, RSMo. The temporary order, effective upon filing pursuant tosection 454.490, is not subject to a hearing pursuant to this section. Thetemporary order may be stayed by a court of competent jurisdiction onlyafter a hearing and a finding by the court that the order fails to complywith rule 88.01.
(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.).
