Circuit clerk, recording of credits for amounts not received, restrictions, credits on state debt for job training and education, conditions and restrictions
This law explains how child support payment records get updated when money is paid in different ways. A court clerk or the state division records credits (reductions in what is owed) when payments come in — like tax refunds taken, wages withheld, or direct payments made to the parent caring for the child. Someone who owes child support can also get credit toward state debt if they complete job training or education, but only if the state gets special permission from the federal government and both sides agree. A parent receiving support can ask the court to record payments made directly to them, but not for time periods when support payments were owed to the state instead.
454.432. , ing of s for amounts not received, , credits on for job training and education, conditions and restrictions. — 1. The circuit clerk in a case that is not a or the in a IV-D case shall record credits on the records established this chapter or chapter 452 for amounts not received by the clerk or the division.
2. Credits allowed pursuant to this section shall include, but not be limited to, as provided in this section, amounts collected from an from federal and state income tax refunds, state lottery payments, Social payments, unemployment and , income withholdings by law, liens, actions, abatements pursuant to section 452.340, and any other amounts required to be credited by statute or .
3. Credits shall be on the for payments received by the and, at the of the family support division, and upon receipt of waivers requested pursuant to 4 of this section, credits may be given on state debt s obtained pursuant to subsection 1 of section 454.465 for completion of such activities as job training and education, if mutually agreed upon by the division and the obligor. The circuit clerk shall make such credits upon receipt of paper or electronic notification of the amount of the credit from the division. The division may record the credit or adjust the records to reflect payments and shown on the trusteeship record when the trusteeship record is contained or maintained in the automated child support system established in this chapter.
4. The of the of social services shall apply to the United States of Health and Human Services for all waivers of requirements pursuant to federal law necessary to implement the of subsection 3 of this section.
5. Credits shall be entered on the automated child support system for direct and in-kind payments received by the when the custodial parent files an stating the particulars of the direct and in-kind payments to be credited on the court record with the circuit clerk; however, no such credits shall be entered for periods during which child support payments are to the state pursuant to law. Such credits may include, but shall not be limited to, partial and complete for support .
6. Nothing contained in this section shall prohibit satisfaction of judgment as provided for in sections 511.570 to 511.620 and by supreme court .
7. for the federal earned income shall, when applicable, be required as a condition of participating in the alternative child support credit programs of subsection 3 of this section.
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Source & history notes
(L. 1993 S.B. 253 § 2, A.L. 1994 H.B. 1547 & 961, A.L. 1998 S.B. 910, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
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