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Child Support
RSMo 454.531effective 28 Aug 2014

Recovery of erroneously paid child support, procedures

In plain English

If the family support division sends child support money by mistake — not because of anything the division did wrong — the person who got that money owes it back. The division can use legal tools to get that money back, including taking it out of future support payments. If a person knows the money was sent by mistake, the division asks for it back, and the person keeps it on purpose to cheat the division, that person can be charged with stealing.

Word-for-word law

454.531. Recovery of paid child support, procedures — . — 1. Whenever a parent or other person receives support moneys for a child paid to him or her by the under the of chapter 454, and the subsequently that such payment, through no of the division, was erroneously made, either , or due to or receipt of inaccurate from the recipient of such support, such parent or other person shall be indebted to the division in an amount equal to the amount of the support money received by the parent or other person for that child. The division may utilize any available or to collect the erroneously paid support to effect and of the debt incurred by reason of the failure of such parent or other person to reimburse the division for such erroneously paid child support. The division is also to make a to effect satisfaction of the debt by from support moneys for that child in its possession or in the possession of any or other which would otherwise be payable to such parent or other person for the satisfaction of any support . Nothing in this section authorizes the division to make a setoff as to current support paid during the month for which the payment is due and owing.

2. A person commits the crime of , as defined by section 570.030, if he or she retains possession of child support payments which have been erroneously paid by the division through no fault of the division and the division has requested reimbursement of such support paid, if the purpose is to the division of such reimbursement, either without the of the division or by means of or .

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Source & history notes

(L. 1998 S.B. 910 § 4, A.L. 2014 H.B. 1299 Revision)

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 454.531: Recovery of erroneously paid child support, procedures | KnowMo Laws