HB411 - CHILD SUPPORT ENFORCEMENT - Dougherty, Patrick
HB411 MAKES CHANGES IN CERTAIN CHILD SUPPORT ENFORCEMENT LAWS TO MEET NEW FEDERAL MANDATES.
Sponsor: Dougherty, Patrick (67) Effective Date:00/00/00
CoSponsor:Boucher, Bill (48) LR Number:1117-02
Last Action: 05/16/97 - House Conference Committee Report (H)
SS HCS HB 411
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB411
| Senate Substitute | Perfected | Committee | Introduced |


Available Bill Text for HB411
| Senate Substitute | Perfected | Committee | Introduced |

Available Fiscal Notes for HB411
| Senate Substitute | House Committee Substitute | Introduced |

BILL SUMMARIES

PERFECTED

HCS HB 411 -- CHILD SUPPORT ENFORCEMENT (Dougherty)

This substitute revises the law relating to child support
enforcement.

In its major provisions, the substitute:

(1)  Requires consent or a paternity determination for a
father's name to be entered on a birth certificate when the
parents are unmarried;

(2)  Requires fathers, before acknowledging paternity, to
receive oral and written information as to their rights.
Standard forms must be used to acknowledge paternity;

(3)  Requires social security numbers to be recorded on death
records, paternity judgments or orders, applications for
marriage licenses, dissolution decrees, and support orders.
Social security numbers are also required on all applications
for professional, occupational, or recreational licenses,
permits or certificates;

(4)  Requires applicants for public assistance to cooperate in
establishing paternity or obtaining child support.  If a person
in an affidavit intentionally misidentifies another person as a
parent, that person may be prosecuted for perjury.  Those
applying for public assistance are also required to assign their
support rights to the state.  The Division of Child Support
Enforcement is authorized to determine whether recipients and
applicants are cooperating in good faith.  If a recipient does
not cooperate with the division, the division is required to
suspend at least some portion of the recipient's cash grant
assistance unless good cause exists;

(5)  Establishes a legal finding of paternity through the
signing of an acknowledgment of paternity form.  The ability to
challenge paternity acknowledgments is limited and child support
obligations continue during any action to revoke an
acknowledgment;

(6)  Requires full faith and credit to be given to paternity
acknowledgments from other states;

(7)  Specifies the parties who may bring actions to establish
paternity;

(8)  Requires courts to enter temporary support orders while a
paternity action or divorce proceeding is pending if there is
clear and convincing evidence establishing a presumption of
paternity;

(9)  Changes the procedures to challenge test results in
paternity cases and allows bills for pregnancy, childbirth, and
genetic testing expenses to be admitted as evidence without
third party foundation testimony;

(10)  Eliminates the right to jury trial in paternity cases;

(11)  Requires employers to collect information on new hires and
to report such information to federal and state agencies.
Employers who intentionally fail to submit the information must
be fined an amount not to exceed $25 per occurrence.  However,
if the failure is the result of a conspiracy between the
employer and the employee, the fine is $500.  An employer may
also be fined $150 if a court finds that the employer
discharged, refused to hire, or disciplined a person because the
person's wages are subject to a withholding order for child
support;

(12)  Requires certain information to be included in the
withholding forms of new hires;

(13)  Allows child support agencies to obtain information from
any employing unit;

(14)  Requires circuit clerks to give to parties notices of
child support proceedings and copies of orders;

(15)  Requires obligors to receive notice of the right to a
hearing concerning withholding orders.  Income is redefined for
purposes of withholding;

(16)  Revises procedures for child support services requested by
another state;

(17)  Authorizes the Division of Child Support Enforcement to
enforce support orders against the parents of a noncustodial
parent who is a minor and to void transfers of property executed
to avoid child support obligations.  The division is required to
establish a case registry and is given broader authority to
issue and enforce subpoenas;

(18)  Requires parties to provide names and other information
which will be relied on for notice purposes in child support
proceedings;

(19)  Specifies that state employees are prohibited from
disclosing one party's location to another party in a child
support proceeding if the disclosure could result in harm;

(20)  Allows the division to require obligors to pay a caretaker
relative when physical custody of the child has been transferred
to that relative;

(21)  Allows the division to require individuals to submit to
genetic testing;

(22)  Allows courts to order an obligor to participate in work
activities when the obligor owes past due support to a child
receiving public assistance;

(23)  Revises procedures for the Division of Child Support
Enforcement to modify support orders.  The division is not
authorized to modify orders by applying an automatic cost of
living adjustment;

(24)  Revises procedures for withholding of pay for child
support and authorizes the division to bring actions against
employers who fail to withhold;

(25)  Revises procedures for the division to obtain information
from financial institutions and issue liens against accounts;

(26)  Establishes procedures to revoke passports of persons
owing a child support arrearage of more than $5,000;

(27)  Revises credit bureau reporting procedures;

(28)  Revises procedures to obtain various liens for support
arrearages;

(29)  Provides for the establishment of a disbursement unit to
collect and distribute support payments;

(30)  Makes technical changes to the Uniform Interstate Family
Support Act; and

(31)  Establishes procedures for suspending licenses of
individuals who owe the lesser of $2,000 or 3 months of support
payments.  Licensing authorities are required, upon receipt of
an order suspending a license, to enter the suspension without
additional review.  The Missouri Supreme Court is requested to
adopt rules permitting the suspension of a law license when an
individual owes the lesser of $2,000 or 3 months of support.

FISCAL NOTE:  Partial Estimated Net Cost to General Revenue Fund
of $277,808 for FY 1998, $186,112 for FY 1999, and $219,502 for
FY 2000.  Estimated Partial Net Cost to Highway Fund of $31,323
for FY 1998, $28,891 for FY 1999, and $29,623 for FY 2000.
Estimated Net Increase to Child Support Enforcement Fund of
$1,940,491 for FY 1998, $9,327,038 for FY 1999, and $13,782,334
for FY 2000.  Estimated Net Cost to Workers' Compensation Fund
of $0 or Unknown for FY 1998, FY 1999, and FY 2000.  Partial
Estimated Net Cost to Conservation Commission Fund of $0 for FY
1998, Unknown for FY 1999, and Unknown for FY 2000.


COMMITTEE

HCS HB 411 -- CHILD SUPPORT ENFORCEMENT

SPONSOR:  Dougherty

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Youth & Families by a vote of 16 to 0.

This substitute revises the law relating to child support
enforcement.  In its major provisions, the substitute:

(1)  Requires consent or a paternity determination for a
father's name to be entered on a birth certificate when the
parents are unmarried;

(2)  Requires fathers, before acknowledging paternity, to
receive oral and written information as to their rights.
Standard forms must be used to acknowledge paternity;

(3)  Requires social security numbers to be recorded on death
records, paternity judgments or orders, applications for
marriage licenses, dissolution decrees, and support orders.
Social security numbers are also required on all applications
for professional, occupational, or recreational licenses,
permits or certificates;

(4)  Requires applicants for public assistance to cooperate in
establishing paternity or obtaining child support.  Those
applying for public assistance are also required to assign their
support rights to the state.  The Division of Child Support
Enforcement is authorized to determine whether recipients and
applicants are cooperating in good faith;

(5)  Establishes a legal finding of paternity through the
signing of an acknowledgment of paternity form.  The ability to
challenge paternity acknowledgments is limited and child support
obligations continue during any action to revoke an
acknowledgment;

(6)  Requires full faith and credit to be given to paternity
acknowledgments from other states;

(7)  Specifies the parties who may bring actions to establish
paternity;

(8)   Requires courts to enter temporary support orders while a
paternity action or divorce proceeding is pending if there is
clear and convincing evidence establishing a presumption of
paternity;

(9)  Changes the procedures to challenge test results in
paternity cases and allows bills for pregnancy, childbirth, and
genetic testing expenses to be admitted as evidence without
third party foundation testimony;

(10)  Eliminates the right to jury trial in paternity cases;

(11)  Requires employers to collect information on new hires and
to report such information to federal and state agencies.
Employers who intentionally fail to submit the information must
be fined an amount not to exceed $25 per occurrence.  However,
if the failure is the result of a conspiracy between the
employer and the employee, the fine is $500;

(12)  Requires certain information to be included in the
withholding forms of new hires;

(13)  Allows child support agencies to obtain information from
any employing unit;

(14)  Requires circuit clerks to give to parties notices of
child support proceedings and copies of orders;

(15)  Requires obligors to receive notice of the right to a
hearing concerning withholding orders.  Income is redefined for
purposes of withholding;

(16)  Revises procedures for child support services requested by
another state;

(17) Authorizes the Division of Child Support Enforcement to
enforce support orders against the parents of a noncustodial
parent who is a minor and to void transfers of property executed
to avoid child support obligations.  The division is required to
establish a case registry and is given broader authority to
issue and enforce subpoenas;

(18)  Requires parties to provide names and other information
which will be relied on for notice purposes in child support
proceedings;

(19)  Specifies that state employees are prohibited from
disclosing one party's location to another party in a child
support proceeding if the disclosure could result in harm;

(20)  Allows the division to require obligors to pay a caretaker
relative when physical custody of the child has been transferred
to that relative;

(21)  Allows the division to require individuals to submit to
genetic testing;

(22)  Allows courts to order an obligor to participate in work
activities when the obligor owes past due support to a child
receiving public assistance;

(23)  Revises procedures for modifying support orders;

(24)  Revises procedures for withholding of pay for child
support and authorizes the division to bring actions against
employers who fail to withhold;

(25)  Revises procedures for the division to obtain information
from financial institutions and issue liens against accounts;

(26)  Establishes procedures to revoke passports of persons
owing a child support arrearage of more than $5,000;

(27)  Revises credit bureau reporting procedures;

(28)  Revises procedures to obtain various liens for support
arrearages;

(29)  Provides for the establishment of a disbursement unit to
collect and distribute support payments;

(30)  Makes technical changes to the Uniform Interstate Family
Support Act; and

(31)  Establishes procedures for suspending licenses of
individuals who owe the lesser of $2,000 or 3 months of support
payments.  Licensing authorities are required, upon receipt of
an order suspending a license, to enter the suspension without
additional review.  The Missouri Supreme Court is requested to
adopt rules permitting the suspension of a law license when an
individual owes the lesser of $2,000 or 3 months of support.

FISCAL NOTE:  Partial Estimated Net Cost to General Revenue Fund
of $277,808 for FY 1998, $186,112 for FY 1999, and $219,502 for
FY 2000.  Estimated Partial Net Cost to Highway Fund of $31,323
for FY 1998, $28,891 for FY 1999, and $29,623 for FY 2000.
Estimated Net Increase to Child Support Enforcement Fund of
$1,940,491 for FY 1998, $9,327,038 for FY 1999, and $13,782,334
for FY 2000.  Estimated Net Cost to Workers' Compensation Fund
of $0 or Unknown for FY 1998, FY 1999, and FY 2000.  Partial
Estimated Net Cost to Conservation Commission Fund of $0 for FY
1998, Unknown for FY 1999, and Unknown for FY 2000.

PROPONENTS:  The bill satisfies federal mandates which are part
of federal welfare reform legislation.  The bill includes
provisions that are options of the state under the federal
legislation.  The child support enforcement measures will
improve the collection of child support and reduce the number of
individuals needing public assistance.

Testifying for the bill were Representative Dougherty; Division
of Child Support Enforcement; and Greene County Prosecutor's
Office.

OPPONENTS:  Those who oppose the bill say that the bill does not
adequately track federal mandates.  Opponents are concerned that
families will not be treated fairly if the bill passes and
assigns more responsibilities for enforcement to a state agency
that is overburdened, that it will take much longer for a family
to receive a support check when it is disbursed through a state
office rather than a local court, and that insurers will be able
to raise the rates of an insured who has a driver's license
revoked for failure to pay support.  Opponents representing
fathers' rights state that revoking drivers' licenses because of
an arrearage will adversely affect children because parents with
arrearages will not be able to visit their children or transport
themselves to work; the amount used to trigger license
suspension is too low and should be raised; the bill is unfairly
punitive because it does not provide for excusing an arrearage
when the parent is disabled or unable to find work.

Testifying against the bill were Jackson County Prosecutor's
Office; St. Louis Circuit Attorney's Office; and National
Congress for Fathers and Children

Katharine Hickel, Research Analyst


INTRODUCED

HB 411 -- Child Support Services

Co-Sponsors:  Dougherty, Boucher

This bill revises the law relating to child support
enforcement.  In its major provisions, the bill:

(1)  Requires consent or a paternity determination for a
father's name to be entered on a birth certificate when the
parents are unmarried;

(2)  Requires fathers, before acknowledging paternity, to
receive oral and written information as to their rights.
Standard forms must be used to acknowledge paternity;

(3)  Requires social security numbers to be recorded on death
records, paternity judgments or orders, applications for
marriage licenses, dissolution decrees, and support orders.
Social security numbers are also required on all applications
for professional, occupational, or recreational licenses,
permits or certificates;

(4)  Requires applicants for public assistance to cooperate in
establishing paternity or obtaining child support.  Those
applying for public assistance are also required to assign their
support rights to the state.  The Division of Child Support
Enforcement is authorized to determine whether recipients and
applicants are cooperating in good faith;

(5)  Establishes on the basis of blood test results a conclusive
presumption of paternity;

(6)  Establishes a legal finding of paternity through the
signing of an acknowledgment of paternity form.  The ability to
challenge paternity acknowledgments is limited and child support
obligations continue during any action to revoke an
acknowledgment.

(7)  Requires full faith and credit to be given to paternity
acknowledgments from other states;

(8)  Specifies the parties who may bring actions to establish
paternity;

(9)   Requires courts to enter temporary support orders while a
paternity action or divorce proceeding is pending if there is
clear and convincing evidence establishing a presumption of
paternity;

(10)  Changes the procedures to challenge test results in
paternity cases and allows bills for pregnancy, childbirth, and
genetic testing expenses to be admitted as evidence without
third party foundation testimony;

(11)  Eliminates the right to jury trial in paternity cases;

(12)  Requires employers to collect information on new hires and
to report such information to federal and state agencies.
Employers who intentionally fail to submit the information must
be fined an amount not to exceed $25 per occurrence;

(13)  Requires certain information to be included in the
withholding forms of new hires;

(14)  Allows child support agencies to obtain information from
any employing unit;

(15)  Prohibits insurers from canceling or refusing to renew an
automobile insurance policy when an operator's license is
suspended because of a child support arrearage or failure to
comply with orders of a child support agency;

(16)  Requires circuit clerks to give to parties notices of
child support proceedings and copies of orders;

(17)  Requires obligers to receive notice of the right to a
hearing concerning withholding orders.  Income is redefined for
purposes of withholding;

(18)  Revises procedures for child support services requested by
another state;

(19) Authorizes the Division of Child Support Enforcement to
enforce support orders against the parents of a noncustodial
parent who is a minor and to void transfers of property executed
to avoid child support obligations.  The division is required to
establish a case registry and is given broader authority to
issue and enforce subpoenas;

(20)  Requires parties to provide names and other information
which will be relied on for notice purposes in child support
proceedings;

(21)  Specifies that state employees are prohibited from
disclosing one party's location to another party in a child
support proceeding if the disclosure could result in harm;

(22)  Allows the division to require obligers to pay a caretaker
relative when physical custody of the child has been transferred
to that relative;

(23)  Allows the division to require individuals to submit to
genetic testing;

(24)  Allows courts to order an obligor to participate in work
activities when the obligor owes past due support to a child
receiving public assistance;

(25)  Revises procedures for modifying support orders;

(26)  Revises procedures for withholding of pay for child
support and authorizes the division to bring actions against
employers who fail to withhold;

(27)  Revises procedures for the division to obtain information
from financial institutions and issue liens against accounts;

(28)  Establishes procedures to revoke passports of persons
owing a child support arrearage of more than $5,000;

(29)  Revises credit bureau reporting procedures;

(30)  Revises procedures to obtain various liens for support
arrearage;

(31)  Provides for the establishment of a disbursement unit to
collect and distribute support payments;

(32)  Makes technical changes to the Uniform Interstate Family
Support Act; and

(33)  Establishes procedures for suspending licenses of
individuals who owe the lesser of $1,000 or 3 months of support
payments.  Licensing authorities are required, upon receipt of
an order suspending a license, to enter the suspension without
additional review.  The Missouri Supreme Court is requested to
adopt rules permitting the suspension of a law license when an
individual owes the lesser of $1,000 or 3 months of support.


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