13 CSR 40-110.040 - Annual Fee

PURPOSE: The purpose of this rule is to define how the Family Support Division will collect an annual processing fee from an obligee on a non-IV-D case who receives 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 Family Support Division;

(B) "Payment Center" means the Family Support Payment Center;

(C) "Support" means any financial support due for the support or maintenance of a child, or the custodian of a child, or a spouse or exspouse based upon a judicial or administrative order;

(D) "Case" means a family, as used in section 454.425, RSMo, associated with a particular support order(s). A case includes a collection of people, generally, an obligee, and dependent(s) associated with an obligor;

(E) "Obligor" means a person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction;

(F) "Obligee" means a person to whom a duty of support is owed as determined by a court or administrative agency of competent jurisdiction; and

(G) "Non-IV-D case" is a case as defined above which is not currently receiving child support services pursuant to section 454.400, RSMo.

(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 obligor will receive credit against the support obligation for the entire payment received by the Payment Center. The fee will be collected from the obligee.

(B) The fee will be deducted from the first support payment received in each calendar year by the Payment Center prior to disbursement of the payment to the obligee. If the first support payment processed for the calendar year 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 calendar year until the entire fee is satisfied. If the fee is not satisfied by the end of a calendar year, the uncollected 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, RSMo, are not currently being provided.

Notes

13 CSR 40-110.040

AUTHORITY: sections 454.400 and 660.017, RSMo 2016.* This rule originally filed as 13 CSR 30-10.010. Original rule filed July 17, 2001, effective Jan. 30, 2002. Moved to 13 CSR 40-110.040 and amended: Filed Aug. 8, 2018, effective March 30, 2019.

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