13 CSR 40-110.030 - Annual Thirty-Five Dollar ($35) Fee
(1) Definitions.
(A) "Case" means an official record comprised
of an obligee or payee and dependent child(ren), associated with a particular
obligor.
(B) "Obligee or Payee"
means an individual to whom a duty of support is owed.
(C) "Division" means the Family Support
Division.
(D) "Federal fiscal year"
means the period from October 1 to September 30.
(E) "IV-D" means part IV-D of the Social
Security Act.
(F) "IV-D,
Never-Assistance Case" means a case in which the obligee or payee is receiving
services pursuant to section
454.400, RSMo, but has never
received Aid to Families with Dependent Children or Temporary Assistance for
Needy Families benefits on behalf of the child(ren) associated with the
case.
(G) "Obligor" means a person
who owes a duty of support as determined by a court or administrative agency of
competent jurisdiction.
(H)
"Support" means any financial support collected for the support or maintenance
of a child or the obligee or payee of a child or a spouse or ex-spouse based
upon a judicial or administrative order.
(2) Assessing an Annual Thirty-Five Dollar
($35) Fee. In a IV-D, never-assistance case in which the division has disbursed
to the obligee or payee at least five hundred fifty dollars ($550) of support
in the federal fiscal year, the division shall assess an annual fee of
thirty-five dollars ($35).
(A) If an obligee
or payee or an obligor is associated to more than one (1) IV-D,
never-assistance case, the division shall assess the fee on each case in which
at least five hundred fifty dollars ($550) of support has been disbursed to the
obligee or payee in the federal fiscal year.
(B) The division shall assess the fee in each
federal fiscal year after the first five hundred fifty dollars ($550) of
support has been disbursed to the obligee or payee.
(C) The division shall not assess a fee in
cases excluded by federal law or regulation.
(3) Collecting the Annual Thirty-Five Dollar
($35) Fee. The division will collect seventeen dollars and fifty cents ($17.50)
of the thirty-five dollar ($35) assessed fee from the obligee or payee and
collect seventeen dollars and fifty cents ($17.50) of the thirty-five dollar
($35) assessed fee from the obligor on each assessed case.
(A) The division shall deduct the obligee's
or payee's seventeen dollars and fifty cents ($17.50) fee from support payments
collected on behalf of the obligee or payee, in excess of the five hundred
fifty dollar ($550) threshold, prior to disbursing payments to the obligee or
payee. The obligor shall receive credit toward his or her obligation for the
entire support payment. The division will notify obligees or payees of the
state's annual fee for IV-D services.
(B) If the obligee or payee does not satisfy
the seventeen dollar and fifty cent ($17.50) fee by the end of the federal
fiscal year in which the division assessed the thirty-five dollar ($35) fee,
the balance remains due, and the division will deduct the unpaid fee from any
future support payments received for the obligee or payee until the entire fee
is satisfied.
(C) The division
shall provide notice to the obligor of his/her seventeen dollar and fifty cent
($17.50) fee. The notice shall provide instructions to the obligor for
satisfying the fee. The division may collect the fee from the obligor utilizing
enforcement mechanisms provided by law.
(D) If the obligor does not satisfy the fee
by the end of the federal fiscal year in which it is assessed, the balance
remains due.
(E) Any fee assessed
to the obligor under this regulation that is not satisfied prior to the
amendment remains due.
Notes
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