SB 877 Modifies provisions relating to child support
Sponsor: Keaveny
LR Number: 4712S.01P Fiscal Note: 4712-01P.ORG
Committee: General Laws
Last Action: 4/27/2010 - HCS Voted Do Pass H Special Standing Committee on General Laws Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2010

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2010 Senate Bills

Current Bill Summary


SB 877 - This act modifies provisions relating to child support.

ELECTRONIC STORAGE OF SUPPORT OBLIGATIONS

Under this act, child support obligations may be terminated in the automated child support system when support is deemed terminated under state law. This act allows child support to be terminated if the state case registry indicates that the child is twenty-one years old and the support order does not require further payment. The act also allows for a hearing regarding a child's emancipation when it is disputed by the parties, rather than treating the dispute as a motion to modify the support obligation.

This act specifies that affidavits shall be filed with the court for judicial orders and with the family support division for administrative orders.

Some provisions in this act are similar to SB 562 (2009).

WORKERS' COMPENSATION LIEN HEARING

This act requires the family support division to advise the obligor of the procedures to contest a lien placed, by the Family Support Division, on Workers' Compensation benefits on the grounds that such lien is a mistake of fact. The obligor shall request a hearing within 30 days of the mailing of the notice. The certified copy of the court order and the sworn or certified statement of arrearages shall constitute prima facie evidence that the division's order is valid and enforceable. If prima facie evidence is established, the obligor may only assert mistake of fact as a defense. The obligor shall have the burden of proof on such issues.

Some provisions in this act are similar to SB 562 (2009).

CHILD SUPPORT INCOME VERIFICATION

This act also requires documentation to verify the income of the parties for the initial order of child support and for any modification of the order. Documentation includes current wage stubs, a current W-2 form, statements from a party's employer, a wage match with the Division of Employment Security and bank statements.

These provisions are identical to SB 910(2010).

CHILD SUPPORT WITH EQUAL PARENTING

This act provides that no child support shall be awarded in instances where both parents sign an agreement and request the court to award them joint physical custody resulting in the child or children spending equal or substantially equal time with both parents, the difference in the verified incomes of the parents is less than twenty-five percent, and a finding has been made that such custody and award of no child support is in the best interest of the child.

When parents do not agree on an award of no child support but meet all of the other requirements regarding the joint physical custody agreement under this act, the court shall award child support in an amount that provides for an 18 to 50 percent adjustment below the basic child support amount authorized by the child support guidelines. The Missouri Supreme Court is directed to amend the child support guidelines, commonly referred to as "Form 14", to reflect the ability to obtain up to a fifty percent adjustment for joint custody in accordance with the act.

These provisions are identical to SB 910(2010).

ADRIANE CROUSE