Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of this rule is to define how
the Division of Child Support Enforcement will collect an annual processing fee
against persons on a non-IV-D case who receive support payments that are
processed by the Family Support Payment Center.
(1) Definitions. For the purposes of this
rule, the following definitions are applicable:
(A) Division means the Division of Child
Support Enforcement;
(B) Payment
Center means Family Support Payment Center;
(C) TANF means Temporary Assistance for Needy
Families;
(D) Case means a family,
as used in section
454.425,
RSMo 2000, associated with a particular support order(s). A case includes a
collection of people, generally, a custodian, and dependent(s) associated with
a specific noncustodial parent;
(E)
IV-D means part IV-D of the Social Security Act;
(F) Support means any financial support,
which is due for the support or maintenance of a child or the custodian of a
child or a spouse or ex-spouse based upon a judicial or administrative
order;
(G) Non-IV-D case is a case
as defined above which is not currently receiving TANF, Medicaid, foster care
or child support services pursuant to section
454.400(14),
RSMo 2000.
(2) Annual
Fees. The division will collect an annual processing fee of ten dollars ($10)
on each order associated with a non-IV-D case in which payments are being
received by and processed through the Payment Center for all or any part of a
calendar year. If an order is associated to more than one (1) case, all cases
must be non-IV-D cases.
(A) The person
obligated to pay support will receive credit against such person's support
obligation for the entire payment received by the Payment Center. The fee will
be collected from the person entitled to receive support.
(B) Prior to disbursement to the person
entitled to receive support, the fee will be collected from the first support
payment processed by the Payment Center for each calendar year. If the first
support payment processed by the Payment Center does not satisfy the annual
fee, the balance remains due and will be collected from subsequent support
payments received for that year until the entire fee is satisfied. If the fee
is not satisfied by the end of a calendar year, the fee for that year will not
accrue into the next calendar year.
(C) An annual fee will be charged in a former
TANF or Medicaid case if all arrearages owed to the state have been paid and
child support services pursuant to section
454.400(14),
RSMo 2000, are not currently being provided.
*Original authority: 454.400, RSMo 1959, amended 1982,
1993, 1994.