SECOND REGULAR SESSION
HOUSE BILL NO. 2070
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TROUPE.
Read 1st time February 27, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 454.548 and 516.350, RSMo, and to enact in lieu thereof two new sections relating to the imposition of fees for the processing of child support payments.
Section A. Sections 454.548 and 516.350, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 454.548 and 516.350, to read as follows:
454.548. 1. In addition to any fees imposed pursuant to section 454.425 and if allowed by federal law, the division may charge and collect a fee of ten dollars from support received through the payment center for each order for every year or portion of a year during which payments are received by the payment center. Such fee shall be used to reimburse the state for the costs associated with processing support payments.
2. Beginning July 1, 2003, any court or administrative agency that issues or modifies a support order in a IV-D case shall impose on the obligor under the child support order a processing charge that is the lesser of ten percent of the current support payment to be collected under the support order or fifteen dollars a month. For all support orders issued or modified by a court after July 1, 2003, where a processing fee is not imposed because the order is not currently a IV-D order, the court shall notify the parties that the processing fee shall be imposed by operation of law if the order becomes a IV-D order.
3. As used in this section, the following terms mean:
(1) "Current support payment", the amount of child or spousal support due an obligee that an obligor is required to pay for a month as specified in the support order;
(2) "IV-D", an order in which support rights have been assigned to the state of Missouri or for which the division of child support enforcement is providing support enforcement services pursuant to subdivision (14) of subsection 2 of section 454.400.
4. The division of child support enforcement may enforce the processing charge imposed by subsection 2 of this section by any means available to collect support; except that it shall not be enforced using the administrative offset procedures established by the federal Department of Health and Human Services.
5. The family support payment center shall not apply any amounts received to the processing charge imposed by subsection 2 of this section unless all current and past due child support, current and past due spousal support, and state debt have been paid in full.
6. If the state is unable to collect a processing charge for any reason, including the requirements of subsection 5 of this section, the processing charge shall be a judgment against the obligor and shall accrue against the obligor.
7. No processing charge shall be due or owing for any month in which a current support payment in a IV-D case is not due or owing.
516.350. 1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding child support or maintenance or dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment which mandates the making of payments over a period of time or payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever. An action to emancipate a child, and any personal service or order rendered thereon, shall not act to revive the support order.
2. In any judgment, order, or decree awarding child support or maintenance, or a processing charge pursuant to subsection 2 of section 454.548, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.
3. In any judgment, order, or decree dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 28, 2001.
4. In any judgment, order or decree awarding child support or maintenance or a processing charge, payment duly entered
on the record as provided in subsection 1 of this section shall include recording of payments or credits in the automated
child support system created pursuant to chapter 454, RSMo, by the division of child support enforcement or payment
center pursuant to chapter 454, RSMo.
Missouri House of Representatives