Circuit clerk or family support payment center made trustee, when, duties
When someone owes child or family support and an official order has been filed with the court, a trustee is put in charge of collecting and sending out those payments. Before October 1999, the circuit clerk handled this job. After October 1999, a special payment center took over. The trustee keeps records of all payments and passes the money along to the right people or the state agency.
454.495. or family support made , when, duties — , defined. — 1. Until October 1, 1999, when an has been section 454.490, the court shall all support payments to be made to the circuit clerk as trustee for the or other person end to receive such payments pursuant to the order. The of such order by the shall in and of itself authorize the court to make the circuit clerk the trustee, any existing , statute, or other law to the contrary, and the court need not hold a on the matter. The circuit clerk shall:
(1) Forward all such payments to the or other person entitled to receive such payments pursuant to the order;
(2) Keep an accurate of the orders and the payments; and
(3) Report all such collections to the department in the manner specified by the department.
2. Effective October 1, 1999, and if an administrative order has been docketed pursuant to section 454.490, the payment center pursuant to section 454.530 shall be trustee for the or other person entitled to receive such payments pursuant to the order. The order by the director shall, in and of itself, authorize the payment center to be the trustee, notwithstanding any existing court order or state law to the contrary, and the court shall not be required to hold a hearing on the matter. The payment center shall:
(1) Forward all such payments to the department or other person entitled to receive such payments pursuant to the order;
(2) Keep an accurate record of the orders and payments; and
(3) Report all such collections to the in the manner specified by the division.
3. As used in this section, "assignment" includes an assignment to the state by a person who has applied for or is receiving assistance under a program funded pursuant to Part A of or of the Social Act.
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Source & history notes
(L. 1982 S.B. 468 § 20, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
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