Assignments by caretaker relatives, terminate, when, exceptions
When a child lives with a relative (like a grandparent or aunt) instead of the parent who has legal custody, and that relative gets government benefits to help care for the child, the right to collect child support payments moves to the state. When the relative stops caring for the child, that transfer ends — but any money already owed to the state still has to be paid. If no government benefits are involved, the state can redirect child support payments to go to the caretaker relative or a state agency instead of the original parent, after giving 30 days notice.
454.455. s by s, terminate, when, exceptions — caretaker relative defined. — 1. In any case wherein an for child support has been entered and the and the order relinquishes of the child to a caretaker relative without obtaining a , and the caretaker relative makes an to the in order to receive benefits, the relinquishment and the assignment, , shall the pursuant to the order to the in behalf of the state. The assignment shall terminate when the caretaker relative no longer has physical custody of the child, except for those unpaid owing to the state pursuant to the assignment at that time.
2. As used in 1 of this section, the term "caretaker relative" includes only those persons listed in (2) of subsection 1 of section 208.040.
3. If an order for child support has been entered, no assignment of support has been made, and the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative without obtaining a modification of legal custody, or the child is placed by the court in the of a , the division may, thirty days after the transfer of and upon notice to the and obligee, direct the obligor or other payer to change the to the caretaker relative or state agency. An order changing the payee to a caretaker relative shall terminate when the caretaker relative no longer has physical custody of the child, or the state agency is relieved of legal custody, except for the unpaid support obligations still owed to the caretaker relative or the state.
4. If there has been an assignment of support to an agency or division of the state or a requirement to pay through a , the division may, upon notice to the obligor and obligee, direct the obligor or other payer to change the payee to the appropriate state agency.
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Source & history notes
(L. 1982 S.B. 468 § 12, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2007 S.B. 25, A.L. 2014 H.B. 1299 Revision)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.