Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 104 - Child Support Program, Enforcement › Section 13 CSR 40-104.010 - Immediate Income Withholding Exceptions for Child Support Orders

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows for exceptions to
				  immediate income withholding for administrative and judicial orders that are
				  being entered and modified by the Division. It also updates terminology and
				  moves the rule from Title 13, Division 30-Child Support Enforcement to Title
				  13, Division 40-Family Support Division.
PURPOSE: This rule establishes and sets forth the
				  procedures for allowing exceptions from immediate income withholding when child
				  support orders are entered or modified by the Family Support Division pursuant
				  to sections 454.460-454.520, RSMo.
(1) Definitions-
(A) "Division" means the Family Support
				Division;
(B) "Director" means the
				director of the Family Support Division or his/her designee;
(C) "Temporary Assistance for Needy Families
				(TANF)" means a financial assistance program for families with children, also
				known as Title IV-A of the Social Security Act;
(D) "Obligor" means any person who owes a
				duty of support as determined by a court or administrative agency of competent
				jurisdiction;
(E) "Obligee" means a
				person to whom a duty of support is owed as determined by a court or
				administrative agency of competent jurisdiction;
(F) "Arrearage" means past-due child support
				owed under a child support order;
(G) "Assignee" means a state agency to which
				an obligee relinquishes the right to receive child support, either by agreement
				or by operation of law;
(H) "Bond"
				means a cashier's check or money order payable to the division to ensure the
				payment of child support under a child support order;
(I) "Current support" means the periodic
				child support obligation, imposed by a child support order;
(J) "Good cause" means the circumstances
				under which the director will not impose an immediate order to withhold income
				upon entry of an order for child support;
(K) "Income withholding" means the
				withholding of any form of payment to an individual regardless of source,
				including, but not limited to, wages, salary, commissions, compensation as an
				independent contractor, Workers' Compensation, disability, annuity, and
				retirement benefits, and any other payments made by any person, private entity,
				federal or state government, any unit of local government, school district, or
				any entity created by public law or ordinance;
(L) "Notice and finding of financial
				responsibility" means a written allegation as to the parent's responsibility to
				support his/her child(ren), which precedes the establishment of an
				administrative child support order for support pursuant to Chapter 454, RSMo of
				the Missouri Revised Statutes;
(M)
				"Written agreement" means an agreement in writing between the obligor and the
				obligee, and in cases in which there is an assignment of support rights, an
				agreement between the obligor and the assignee, which provides for an
				alternative arrangement for payment of support to the Family Support Payment
				Center and is signed by each party to the agreement; and
(N) "Family Support Payment Center" means the
				state disbursement unit established by the division pursuant to section
				454.530,
				RSMo, for the receipt and disbursement of payments made pursuant to support
				orders.