HCS/SS/SB 361 - This act, mandated by recent federal law, makes significant changes in how the state enforces child support obligations. The act also makes certain changes regarding child support generally which are not mandated.

SOCIAL SECURITY NUMBERS: Social security numbers shall be included in various public documents, such as professional licenses, marriage licenses and divorce decrees, in order to better track individuals who owe child support.

ESTABLISHING PATERNITY: Paternity may only be established for an unmarried person if: 1) such person acknowledges paternity; or 2) the court determines that such person is the parent. A person shall receive notice of parental rights and obligations before acknowledging paternity. If such acknowledgement is not rescinded within 60 days, it may only be challenged in court on the basis of fraud, duress or material mistake of fact.

A party no longer has the right to a jury trial in a paternity proceeding.

APPLICANTS FOR PUBLIC ASSISTANCE: An applicant for public assistance shall cooperate with the Division of Child Support Enforcement (Division) in providing the name and other information about the noncustodial parent to the Division. Such applicant shall also assign rights to support to the Division.

A person receiving public assistance who does not cooperate with the Division in establishing paternity shall lose such person's cash benefits.

EMPLOYER RESPONSIBILITIES: An employer shall forward new hire information within 20 days after such hiring. This information shall be entered into the State Directory of New Hires. An employer who intentionally fails to forward such information is guilty of an infraction and may be fined up to $25 for each violation and $350 for an intentional violation in conspiracy with the employee.

The Division shall notify an obligor that a withholding of wages has commenced. The obligor may only challenge such withholding by alleging that the amount of withholding or the identity of the obligor is incorrect.

FINANCIAL INSTITUTIONS: The Division shall work with financial institutions to develop systems to allow for automated exchanges between obligors' accounts and the Division. The Division may issue liens against such accounts. A financial institution complying in good faith with a lien order or request is not liable for such action. The financial institution may petition a court for determination of interests in a joint account.

LICENSE SUSPENSION AND REVOCATION: A court or the Director of the Division may order the suspension of an obligor's professional, business, motor vehicle or recreational license if: 1) the obligor is not complying with court-ordered child support and owes past due support of $2,500 or three months of payments, whichever is less; or 2) the obligor fails to comply with a subpoena relating to a child support order or paternity proceeding.

An obligor has sixty days to respond to a notice of intent to suspend a license. If the obligor fails to respond to such notice without good cause and does not: 1) pay the past due support; 2) enter into a payment plan approved by the court or Division; 3) request a hearing; or 4) in the case of a subpoena, comply with the subpoena, the license shall be suspended.

The court may stay a license suspension if an obligor shows that such suspension would constitute a hardship to the obligor or the obligor's dependents or employees. Such stay shall terminate if the hardship ceases to exist. The court or Division may stay a suspension upon the obligor's entry into a payment plan, and shall terminate such stay if the obligor fails to abide by the terms of the plan.

Pursuant to a cooperative agreement with the Division, the Department of Conservation shall issue an order suspending a hunting or fishing license of an obligor who is $2,500 or 3 months in arrears in child support payments, whichever is less.

The Division shall work with the Supreme Court to obtain a list of persons licensed to practice law. By July 1, 1998, the Court is requested to have in effect a rule to suspend or sanction the law license of any person who owes back child support of $2,500 or three months of payments, whichever is less.

If a motor vehicle license is suspended pursuant to these provisions, the Department of Revenue shall not require filing of proof of financial responsibility.

CHILD SUPPORT PROCEEDINGS: The court, or Director of the Division, shall enter a temporary order of support while an action is pending if there is clear and convincing evidence establishing a presumption of paternity. In any proceeding where child support may be established or modified, the circuit clerk shall notify the affected parties of such proceeding.

The court shall modify a child support order that is not consistent with the Supreme Court guidelines.

The court with original jurisdiction over a dissolution proceeding may waive jurisdiction in a modification proceeding if retaining jurisdiction would clearly inconvenience any party.

INTERSTATE COOPERATION: The Division shall cooperate with requests to enforce an out of state support order and may request enforcement of a Missouri order in another state. In its request, the Division shall certify that it has met all procedural requirements in establishing such order.

DIVISION OF CHILD SUPPORT ENFORCEMENT: The Division shall have the following additional powers and duties: 1) enforce support orders against parents of a minor noncustodial parent if the custodial parent is receiving state assistance; 2) prevent an obligor from making fraudulent transfers to avoid support obligations; 3) ensure that a person applying for or receiving state assistance is cooperating with the Division by providing information about the obligor. The Division shall require that such cooperation include: 1) submitting to genetic tests and 2) appearing at interviews and hearings.

To carry out child support enforcement activities, the Director of the Division shall have the power to request evidence and issue subpoenas. The Director shall require genetic testing upon request of a party alleging or denying paternity. The Director, or the court, may order an obligor who owes past due support to engage in work activities. The Director shall modify a child support order that differs from Supreme Court guidelines or if a cost of living adjustment is required.

If a custodial parent who is the obligee under a child support order transfers custody of the child to a relative without obtaining a modified order, the Division may, within 30 days, direct the obligor to send payments to such relative. If there is an assignment of support to a state agency, the Division shall instruct the obligor to send payments to such agency.

The Division may certify a person owing $5,000 or more in child support to the appropriate federal agency so that such person's passport is limited, revoked or denied. The Division shall report an obligor who has past due child support obligations to consumer reporting agencies. The noncustodial parent shall have an opportunity to challenge the accuracy of such information before it is sent.

STATE CASE REGISTRY: The Division shall establish a State Case Registry which shall contain records of: 1) each case where the Division is providing services and 2) each support order established or modified after October 1, 1998. Parties to a child support or paternity action shall file contact information with the court to be placed in the Registry.

STATE DISBURSEMENT UNIT: The Division shall, by October 1, 1999, establish and operate a disbursement unit to collect and disburse child support payments. A Disbursement Unit Committee shall be established to determine how such unit should be organized. The disbursement unit shall distribute all child support payments within two days after receipt.

CHILD SUPPORT GENERALLY: In addition to the current factors the court considers in awarding child support, the court shall consider: 1) the child's physical and legal custody arrangements; and 2) the work-related child care expenses of each parent.

Child support payments shall abate during periods of twenty-eight consecutive days or longer when the non-custodial parent is the primary caretaker of the child, unless the court has already considered this fact in awarding child support.

Child support shall continue until age 21 for a child who continues to progress toward a high school degree and until age 22 for a child enrolled in college who completes at least 12 credits each term. A parent may choose to pay one-half of the child's tuition, room and board which payments will reduce or eliminate any child support obligations.

A court may abate child support payments and transfer custody of a child if it finds that a parent has failed to provide visitation or custody to the other parent.

Child support guidelines promulgated by the Supreme Court shall, by July 1, 1998, specifically list and explain the factors used to calculate such guidelines including assumptions involving visitation. An order which deviates from the guidelines shall include specific written findings as to why such guidelines were not applied. The above provisions are taken from SB 51.

UNIFORM INTERSTATE FAMILY SUPPORT ACT: This federal uniform act, enacted in Missouri in 1996, is amended to reflect subsequent changes made to the uniform act last year.

EMERGENCY CLAUSE: This act shall become effective on July 1, 1997 or upon passage and approval, whichever later occurs.

This act is nearly identical to HB 411 (1997).

JOAN GUMMELS & JAMES KLAHR