13 CSR 40-104.010 - Immediate Income Withholding Exceptions for Child Support Orders

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.

(2) Immediate Income Withholding When Initial Order is Entered.

(A) The director shall issue an immediate withholding order to the obligor's employer or other payor on the entry date of the child support order, unless the director determines that good cause exists not to do so or unless there is a written agreement as defined in this rule.

(B) Good cause exists for not effecting immediate income withholding if-

1. The obligor posts a bond with the division equal to two (2) months' current support at the time the child support order is entered;

2. The obligor agrees to notify the division of his/her current employer's name and address as long as the child support order is in effect; and

3. The obligor provides proof that he/she has obtained or applied for medical insurance for the child(ren) named in the notice and finding of financial responsibility, unless the obligee has medical insurance for the obligor's child(ren) other than Medicaid.

(C) The division shall hold the bond in escrow. The bond will not accrue interest while held by the division. If no arrearage is owed to the obligee, the division shall refund any remaining balance to the obligor within sixty (60) days of-

1. The date the division is notified by the obligee that the child(ren) no longer meet requirements for continued support under 452.340, RSMo, or a court order or administrative order finds that the child(ren) are no longer eligible for continued support; or

2. The date the obligee stops receiving child support enforcement services from the division.

(D) If the obligor misses a scheduled child support payment and an arrearage equal to or greater than one (1) month's current support amount has accrued, the director will-

1. Apply the bond to the obligor's child support arrearage and pay to the obligee, or the current assignee of support rights, the amount of the accrued arrearage, up to the remaining bond amount; and

2. Issue an income withholding order to the obligor's employer or other payor, if known.

(3) Immediate Income Withholding When Child Support Orders Are Modified.

(A) The director shall issue an immediate income withholding order to the obligor's employer or other payor on the entry date of the modification of any child support order modified under sections 454.496, and 454.500, RSMo, unless the director determines that good cause exists not to do so or unless there is a written agreement as defined in this rule.

(B) Good cause exists for not effecting immediate income withholding if the obligor provides to the division-

1. A written request that immediate income withholding not be implemented;

2. Trusteeship records showing that an arrearage did not exist on the child support order prior to its modification;

3. Trusteeship records showing that all payments on the child support order were made on or before the due date;

4. Proof that he/she has obtained or applied for medical insurance for the child(ren) named in the order, unless the obligee has medical insurance other than Medicaid for the obligor's child(ren); and

5. A written agreement to notify the division of the name and address of his/her current employer as long as the child support order is in effect.

(C) Notwithstanding the fact that good cause exists under subsection (3)(B) of this rule, an income withholding shall be effected if any one (1) of the following occurs:

1. The obligor misses any scheduled payments on the child support order and an arrearage exists equal to at least one (1) month's current support;

2. The obligor requests that income withholding begin;

3. The obligee requests that income withholding begin and the Family Support Payment Center received at least one (1) scheduled payment after its due date;

4. The obligor does not provide the division with his/her new employer's name and address; or

5. The obligor terminates medical insurance coverage for the child(ren) named in a child support order that includes medical support, unless the termination is done with the consent of the obligee or assignee.

(4) Written Agreement.

(A) As assignee of support rights, the director will not enter into a written agreement not to impose immediate income withholding if the person owed support for the obligor's child(ren) is receiving TANF on the date the notice and finding of financial responsibility is issued.

(B) If the obligee is not receiving TANF when the notice and finding of financial responsibility is issued, the director shall notify the obligor and the obligee that immediate income withholding will be initiated on the entry date of the order unless-

1. The obligee and the obligor each sign and within twenty (20) calendar days return to the division a written agreement allowing the obligor to make child support payments directly to the Family Support Payment Center;

2. The obligor agrees to notify the division of his/her current employer's name and address as long as the child support order is in effect; and

3. The obligor provides proof that he/she has obtained or applied for medical insurance for the child(ren) named in the notice and finding of financial responsibility, unless the obligee has medical insurance for the obligor's child(ren) other than Medicaid.

(C) The written agreement shall be invalid and the director shall initiate an income withholding order to the obligor's employer or other payor without prior notice to either party if-

1. The obligor misses any scheduled payments on the child support order and an arrearage exists equal to at least one (1) month's current support;

2. The obligor requests that income withholding begin;

3. The obligee requests that income withholding begin and the Family Support Payment Center received at least one (1) scheduled payment after its due date;

4. The obligor does not provide the division with his/her new employer's name and address; or

5. The obligor terminates medical insurance coverage for the child(ren) named in a child support order that includes medical support, unless it is terminated with the consent of the obligee or assignee.

(D) If the legal custody of the child(ren) has been placed with the Children's Division, a written agreement not to impose immediate income withholding may be obtained between the obligor and the Children's Division caseworker assigned to the child(ren)'s alternative care case. The agreement shall be in accordance with the terms and requirements of subsections (4)(B) and (C) of this rule.

Notes

13 CSR 40-104.010

Adopted by Missouri Register February 15, 2019/Volume 44, Number 4, effective 4/1/2019