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Missouri State Profile

Updated on 05 Sep 2007
Certified on 26 Sep 2007

A. General/State-At-A-Glance

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A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? A combination.
A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? Missouri has 24 field offices located throughout the State. One field office is a specialized interstate unit where staff pursue support for children who live in other States, but whose non-custodial parents (NCPs) live in Missouri.
A3. With what types of agencies do you have cooperative agreements? The Family Support Division(FSD) enters into cooperative agreements with local jurisdictions in the state to assist the division with its child support responsibilities. In five counties (Audrain, Buchanan, Butler, Clay and Montgomery), the county prosecuting attorney and his/her staff perform the same functions as a state-administered child support office and differ only in that the local prosecuting attorney staff are not state employees. FSD refers to these counties as Level A counties. In two counties, Boone and Jackson (known as Level B counties), staff perform specialized functions for the state and have more case authority and control than the remaining 107 counties and the City of St. Louis, known as Level C counties. Level C counties receive referrals from DCSE staff or from Level A and B county staff to perform specific establishment or enforcement actions. Level C offices exclusively use the judicial process (the courts) for paternity establishment, order establishment and enforcement. Once work is completed on a referral, the prosecuting attorney's responsibility for the case ends. In some areas of the state, local prosecutors have joined together to form a multi-county regional prosecutors' office (one office serves several counties). Missouri's 115 circuit clerks are also under cooperative agreement. They are responsible for the filing of all legal documents and the maintenance of orders and obligations in their counties.
A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? Yes.
A4.1. If so, what is the statutory citation? Section 454.513 RSMo
A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? not applicable
A4.3. If so, please explain.  

B. UIFSA

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B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 07/09/1996
B2. What is the effective date of your State's Act? 01/01/1997
B3. What is the statutory citation for your State's Act? Sections 454.850 to 454.997, RSMo
For Additional Information - Click Here
B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? The 1996 amendments were adopted with an effective date of July 1, 1997.
B4.1. If your state has implemented the 2001 version, when was it implemented? 1996
B5. Optional comments regarding your State's UIFSA Act.  

C. Reciprocity

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C1. With what foreign countries does your State reciprocate? Australia, Austria, Czech Republic, El Salvador, England, France, Germany, Hungary, Ireland, Micronesia, Netherlands, Norway, Poland, Portugal, Scotland, Slovak Republic, Switzerland, Wales and the following Canadian Provinces: Alberta, British Columbia, New Brunswick, Manitoba, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Saskatchewan and Yukon.
C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? No
C1.2. If yes, please explain.  
C2. Has your State established reciprocity with any tribal courts? No
C2.1. If yes, list the tribes and identify services provided, if less than full services.  

D. Age of Majority

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D1. What is the age of majority in your State? 18 years of age, unless specific circumstances (outlined below) apply.
D2. What is the statutory cite for the age of majority? Section 452.340, RSMo.
For Additional Information - Click Here
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. Child support terminates at age 18 or if in high school at 18, upon graduation from high school or age 21, whichever comes first. Enrollment in a GED program is also considered being enrolled in a "secondary school program of instruction," and support would terminate upon completion of the program or age 21, whichever comes first.
D4. Does the date of the order impact what law is applied? No
D4.1. If so, please explain.  
D5. Does child support end if the child leaves the household but does not emancipate? No
D5.1. Optional comments regarding emancipation.  
D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes
D6.1. If so, please explain. If a child enrolls in college or vocational school by October 1 following high school graduation, support continues until age 21 or when his/her education is completed if the child: 1. Enrolls for and completes at least 12 hours of credit each semester; 2. Achieves grades sufficient to re-enroll at the institution; and 3. At the beginning of each semester, submits to each parent a transcript or similar official document provided by the college or vocational school which includes the courses the child is enrolled in and has completed for each semester, the grades and credits received and the courses the child is enrolled in for the coming semester. A court may waive the October 1 deadline for enrollment. The twelve-hour requirement may also be waived if a child has a physical or developmental disability or a diagnosed health problem that prevents him/her from taking 12 credit hours or a child is working at least 15 hours per week and taking as few as 9 credit hours per semester. The court may also extend the child support obligation past the age of 18 if the child is physically or mentally incapacitated from supporting himself/herself and insolvent and unmarried.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?  
D7.1. If yes, please describe the procedure.  

E. Statute of Limitations

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E1. What is your State's statute of limitations for collection of past due support? 10 years from last payment on court record or other form of revival of order on court record.
E2. What is your State's statute of limitations for paternity establishment? 18th birthday (21st birthday for child bringing own paternity action).
E3. Is dormancy revival/renewal possible? No
E3.1. Please explain the circumstances when possible, and the length of time possible. Not after a 10-year period has expired without court record notation.

F. Support Details

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F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Shared Income Model.
F2. Does your State charge interest on missed arrears?  
F2.1. If yes, please indicate the amount of interest charged and any related conditions.  
F3. Does your State charge interest on retroactive support? Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions. 1% per month simple interest once reduced to a lump-sum judgment. Obligee must compute and file computation with the circuit clerk to make interest collectible.
F4. Does your State charge interest on adjudicated arrears? Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions. 1% per month simple interest on Missouri orders. By law, the interest accrues and attaches to the underlying support order. Obligee must compute and file computation with the circuit clerk to make interest collectible.
F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes
F5.1. If so, under what circumstances? Only if the debt has been reduced to a sum-certain judgment. FSD will not bring the action to reduce the debt to a judgment but will enforce the debt after a sum-certain judgment has been obtained.
F6. Have you elected to recover costs or charge fees in your State Plan? Yes
F6.1. If yes, what costs are recovered from/fees charged to the obligee?  
F6.2. What costs are recovered from/fees charged to the obligor? None.
F7. Does your State recover costs on behalf of the initiating State? Yes
F7.1. Optional comments regarding recovering of initiating State's fees. FSD will attempt to obtain an order for reimbursement of genetic test costs if it was necessary to order the party to submit to a genetic test.
F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Sections 454.857 and 506.500, RSMo.
For Additional Information - No Link Provided
F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes
F9.1. If yes, under what circumstances? Missouri FSD does not establish or modify spousal maintenance orders. Spousal maintenance orders are enforced if the obligation is in the form of a periodic payment and a current child support obligation is also being enforced.
F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No
F10.1. Optional comments regarding required information on spouse or partner.  

G. Income Withholding

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G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding.
G2. What specific source of income is not subject to withholding? TANF, SSI, prison inmate monthly allowance.
For Additional Information - No Link Provided
G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes
G3.1. If yes, what are those limits? The statutory limitation is the limit described by the CCPA. However, the state IV-D agency limits its withholding orders to 50% of disposable income.
G4. What is the allowable fee per pay period for processing income withholding payments? $6 per month.
G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? By the first pay period 2 weeks after income withholding was mailed.
G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 7 business days of the date the income was payable to the obligor.
G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Legal action required.
G8. What is the penalty to an employer for failure to remit payments withheld? Employer is liable for the amount that should have been withheld and the employer is subject to a fine not to exceed $500.
G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? No
G9.1. Optional comments regarding direct withholding of UI benefits across State lines.  
G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? Yes
G10.1. Optional comments regarding direct withholding of WC benefits across State lines.  
G11. How does an obligor contest income withholding in your State? An obligor contests a IV-D administrative income withholding by requesting an administrative hearing within 30 calendar days of the date the income withholding was mailed to him/her.
G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Child support has priority over any other garnishment, attachment or assignment. When the obligor has more than one claim for child support against his/her income, and the combined withholdings exceed 50% of the obligor's net income, the collections are prorated among the cases with withholding claims, giving priority to current support amounts.
G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes
G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.  
For Additional Information - No Link Provided
G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?  
G14. When does your state require the employer to send notice of an employee's termination?  
G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?  
G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?  
G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?  
G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? This question is answered by remedy in other areas of this profile.
G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Current child support takes priority over the health insurance premium. After the health insurance premium, the priority would be current spousal support, periodic medical support, and then arrearage payments.

H. Paternity

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H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes
H1.1. If yes, please explain. Administrative orders do not address custody and visitation. Referrals made to county prosecutors or for court mediation may result in orders that address custody and visitation.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 98% or greater probability of paternity with 0.5 prior probability creates a presumption of paternity.
H3. Optional comments regarding paternity acknowledgment conclusive legislation. Section 210.822, RSMo http://www.moga.mo.gov/statutes/C200-299/2100000822.HTM
H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable? Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.  
H5. Does marriage constitute a rebuttable presumption of paternity? Yes
H5.1. How is the presumption rebutted? Must be rebutted in a legal action by clear and convincing evidence.
H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No
H6.1. If not, briefly explain. It is generally necessary to determine the circumstances under which the father's name was added to the birth certificate. For example, MO law generally requires the name of the mother's husband to appear on the child's birth record. However, marriage only creates a presumption of paternity. Additionally, acknowledgments completed prior to July 1, 1997, created presumptions of paternity.
H7. Does your State have any other paternity-related presumptions? Yes
H7.1. If yes, briefly explain. Attempted marriage and legitimization (Section 210.822, RSMo).
H8. Does your State have a putative fathers' registry? Yes
H8.1. If so, what is the name of that entity? Missouri Department of Health and Senior Services, Bureau of Vital Records
H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? No
H9.1. Please describe any circumstances under which these fees may be waived. No fees are charged to IV-D agencies. Private individuals are charged fees.
H10. Is common law marriage recognized in your State? No
H10.1. If yes, briefly describe the standard that defines common law marriage.  
H10.2. When did your current common law standard go into effect?  
H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?  
H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) This is dependent upon the local jurisdiction.
H12. Please give the cite for your State's long arm statute and list any special provisions. Sections 210.829.2 and 454.857 (Supp. 1997), RSMo.
For Additional Information - Click Here
H13. Does your State recover genetic testing costs for other States? Yes
H13.1. If so, please explain. If requested by the initiating state, FSD will attempt to obtain a judgement for the costs of genetic testing against the alleged father if he is shown to be the father. For intrastate cases, FSD will attempt to obtain a judgement for the costs of genetic testing against the alleged father if he is shown to be the father and it was necessary to order him to submit to the genetic test.
H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? The Missouri Bureau of Vital Records will only add a father's name to a child's birth record by court/administrative order or by voluntary acknowledgment of paternity.
H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?  
H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?  

I. Support Order Establishment

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I1. Does your State use an administrative or a judicial process to establish a support obligation? Both.
I1.1. If your State can establish under both, under what circumstances would the administrative process be used? Administrative process is used when possible. Judicial process is used otherwise.
I1.2. Under what circumstances would the judicial process be used? A case is generally handled judicially if: 1) it requires a UIFSA action; 2) it involves a minor parent; 3) it involves a presumed vs. alleged situation that cannot be resolved through a three-party affidavit; 4) a presumption or legal finding of paternity cannot be established administratively (i.e., administrative process can only be used to establish a support order if a presumption or legal finding of paternity exists or other evidence allowed under MO law.
I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. Section 454.470, RSMo.
For Additional Information - Click Here
I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The custodial parent's income is considered. A child's income may be considered when deviating from the presumed child support amount. The child's income can not be based on the child's special needs.
I3. What criteria for rebutting your presumptive guidelines have been established in your State? Court or administrative agency must enter a written or specific finding in the record that the presumed amount is unjust or inappropriate.
I4. Will your State establish support orders for prior periods? Yes
I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? The period is limited to five years preceding the commencement of the action. Such judgments are only included in judicial orders at this time.
I4.2. What information or documentation does your State require to proceed? Requests should indicate the period for which support is sought, the financial (income) information for the parties for the period, and TANF paid out during the period.
I4.3. Will your State allow a petition for support when the only issue is retroactive support? No
I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. If administrative process is used to establish an order for ongoing support, it will not include a judgment for retroactive support.
I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Administrative process is used to establish legal paternity and child support and medical support orders. (Ref: I1.1 and I1.2) Administrative process is also used to modify administrative orders. Reference J. Support Enforcement for enforcement remedies whee administrative process is used.
I6. What is your State's statutory authority for the administrative process? Chapter 454, RSMo
For Additional Information - Click Here
I7. Is there a local State law that allows the interstate administrative subpoena? Yes, Section 454.395, RSMo. Forms received from child support agencies of antother state shall be enforceable as if issued by the Missouri IV-D agency and shall be recognized as valid by any other court, state agency, or officer or employee of the stae of political subdivision of the state.
I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?  
I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?  
I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?  
I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action?  

J. Support Enforcement

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J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?  
J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative.
J2. Is the lien process in your State judicial, administrative or both? If the support order and the real property are in the same Missouri county, an administrative lien is filed in that county. If the support order was entered in one county and the real property is located in a different county, an administrative lien must be filed in the county of the original order. Once the lien is filed in the county of the order, a copy of the lien and a certified copy of the support order are attached to a second administrative lien and filed in the county where the real property is located.
J2.1. What are the trigger criteria for filing a lien? $1,000 arrearage for PP $500 suggested- not specific for RP
J2.2. Where is your State liens filed? State-PP, County-RP If order in another county from property, 2 liens must be filed: lien must be filed first in the county with the order, and then sent to the county with the property for another lien to be filed.
J2.3. Does your State charge a fee for filing a lien? No
J2.4. If so, please indicate the amount.  
J.3. Does your State enforce property seizure and sale? Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial.
J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative.
J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? When an enforcement case is opened or when a case becomes enforcement, a notice is sent outlining potential enforcement remedies.
J4.2. Does your State's income withholding definition include amounts in financial institutions? No
J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes
J4.3.1 If so, who notifies the NCP, the State or Financial Institution? Upon acknowledgment by the financial institution that funds have been encumbered, the State notifies the NCP.
J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Upon receipt of the lien, the financial institution encumbers the obligor's portion of the account (equal-share presumption) up to the amount on the lien and mails a response to the State within 10 days.
J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? $500 minimum delinquency. No specified number of months delinquent. No accounts exempted.
J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?  
J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? 60 days
J5.3. 1. If yes, please provide the time frame.  
J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?  
J5.4.1. If yes, please provide the percentage.  
J5.4.2 . Is the percentage different for joint accounts?  
J5.4.3. If yes, please provide the amount.  
J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount.  
J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?  
J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?  
J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action?  
J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action?  
J5.10. Is your State's complaint review process judicial, administrative or both? Administrative.
J5.11. What are your State's penalties for incorrect seizures? None
J5.12. Is the second challenge administrative, judicial or both?  
J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 60 Days from date of freeze. The obligor is only entitiled to a review of the arrearage amount and not a formal administrative hearing. The obligor and non-debtor have 30 days from the date of notice to rebut the equal-share presumption on joint accounts.
J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized after the notice(lien) is initiated. If the case/account meets selected criteria, liens are generated automatically, but staff make the final determination to issue the lien.
J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? Financial institutions may choose whether or not to encumber assets held jointly by husban and wife or by an obligor and his/her parent.
J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?  
J5.16.1. If yes, what is the amount?  
J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?  
J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets.  
J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period?  
J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency?  
J5.19.1 . If yes, please define.  
J6. Does your state withhold state funds or benefits? Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Administrative: worker's compensation, unemployment compensation, inmate banking accounts and lottery winnings.
J7. Please describe any other administrative enforcement procedures your state may have. Real and personal property liens, liens to financial institutions, liens on decedent's estate, liens on lawsuits.
J8. Please describe any other judicial enforcement procedures your state may have. Civil contempt and criminal non-support.
J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? If the support order and the real property are in the same Missouri county, file the Notice of Interstate Lien (a federally approved form) in that county. If the support order was entered in one county and the real property is located in a different county, a lien must be filed in the county of the original order. Once the lien is filed in the county of the order, attach a copy of the lien and a certified copy of the support order to the Notice of Interstate Lien and file it in the county where the property is located.
For Additional Information - No Link Provided
J10. Which of our state's enforcement remedies are available without registration? If the obligor does not contest administrative enforcement, all administrative remedies are available without registration. See section J1-J9. Enforcement, for a list of administrative remedies.
J11. Describe your state's registration and enforcement procedures. An FSD technician forwards the required documents to the prosecuting attorney for registration under UIFSA. After registration, judicial or administrative income withholding is completed.
J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. After another state's order is registered for enforcement, no other additional judicial procedures are required to enforce the registered order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes
J13.1. If yes, please provide the statutory citation. Section 511.760, RSMo (1994).
For Additional Information - Click Here
J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? yes
J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).  
J15. Does your state use credit bureau reporting as an enforcement method?  
J16. Provide which credit bureaus your state report an obligor's child support information?  
J17. Is the method for credit bureau reporting judicial, administrative or both?  
J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both?  
J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus?  

K. Modification and Review/Adjustment

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K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years unless special circumstances apply.
K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Reviews are currently completed only upon request.
K3. Briefly describe your State's modification procedure. FSD will upon request, review orders on a three-year cycle for possible modification. FSD will review orders for modification of the child support obligation and for medical support. Modification may result in an increase or decrease in support. If the review of the order is appropriate, financial information on both parties is obtained to determine if the case meets the criteria for modification (see 3 below). FSD modifies Missouri administrative orders using administrative process. The parties have the right to contest the motion to modify. Judicial orders are referred to the Attorney General's office to file a motion with the court to complete the modification.
K4. What are your criteria for modification (e.g., $50 or 20% from present order)? The presumed child support amount differs by 20% or more (higher or lower) from the present obligation.
K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?  
K5.1. The earnings of the obligor have substantially increased or decreased. Yes
K5.2. The earnings of the obligee have substantially increased or decreased. Yes
K5.3. The needs of a party or the child(ren) have substantially increased or decreased. No
K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No
K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. No
K5.6. There has been a substantial change in child care expenses. No
K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances?  
K6. Does your State have cost of living adjustments (COLAs)? No
K6.1. If so, what index does your State use?  
K7. How does your state credit SSA disability to current and past due support?  
K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.  
K8.1. If so, please explain the situation?  
K8.2. What is the statutory cite for your abatement law?  
For Additional Information - No Link Provided
K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. In addition to the UIFSA standard interstate forms, Missouri requires, if applicable, certified copies of all support orders, certified copies of pay records, arrears statement, birth certificates, documents supporting legal parentage and assignment of support rights.
K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Bureau of Vital Records, PO Box 570, Jefferson City, MO 65102. No fee is charged for request from IV-D agencies. The Bureau can be reached at 573-526-5771.
K9. What information is required to register an out-of-state order for enforcement/modification? In addition to the UIFSA standard interstate forms, Missouri requires certified copies of all support orders and certified copies of pay records or arrears atatement.

L. Lump Sum Payments

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L1. Does your state define a lump sum payment?  
L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?  
L1.2 Provide the statutory citation.  
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?  
L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.  
L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?  
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?  
L4. How are employers instructed to report a pending lump sum?  
L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.  
L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?  
L7. Does your state use the income withholding order to attach the lump sum payment?  
L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?  
L8. Does your state use the lien/levy process to attach the lump sum payment?  
L8.1 If yes, what is the name of the document your state uses to attach lump sum payment?  
L9. What other documents does your state use to attach lump sum payments?  
L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?  
L10.1 If yes, what are those limits?  
For Additional Information - No Link Provided
L10.2 If no, what percentage is the employer required to withhold?  
L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?  
L11.1 If yes, would the employer only withhold for that period's obligation?  
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