This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0553 - Uniform Interstate Family Support Act
L.R. NO. 1833-02
BILL NO. SB 553
SUBJECT: Uniform Laws: Domestic Relations
TYPE: Original
DATE: January 8, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Child Support
Enforcement Fund $28,900 $57,810 $0
Total Estimated
Net Effect on All
State Funds $28,900 $57,810 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Federal $35,832 $71,674 $0
Total Estimated
Net Effect on All
Federal Funds $35,832 $71,674 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government $5,643 $11,287 $0
FISCAL ANALYSIS
ASSUMPTION
The Department of Labor & Industrial Relations (DOL), Missouri Human Rights
Commission does not expect to be fiscally impacted.
The Department of Health (DOH) does not expect to be fiscally impacted. The
Office of State Courts Administrator (CTS) does not expect to be fiscally
impacted.
The Attorney General's Office (AGO) indicated the need for 3 additional FTE
(i.e, 2 assistant attorney generals and 1 legal secretary). According to the
AGO, one assistant attorney general would be necessary to review cases where
the agency is neglecting or refusing to provide services to an individual and
the other assistant attorney general would handle extraditions. Total costs
were estimated at $198,015 in FY97; $218,836 in FY98; and $224,307 in FY99.
In the absence of additional information from the AGO, Oversight believes
that the staffing request is not justified. Additionally, given the impact
that DOS and the CTS are anticipating, it does not seem reasonable that the
impact on the AGO would be greater. Therefore, the AGO's costs have been
eliminated.
The Department of Social Services (DOS), Division of Child Support
Enforcement (DCSE) anticipates an increase in collections the first couple of
years due to Missouri no longer being required to make outgoing referrals for
paternity establishment cases. Currently paternity establishment cases take
one to two years to complete. It was assumed that Missouri makes as many
outgoing referrals as there are incoming referrals, but as states begin
entering into a reciprocal Uniform Interstate Family Support Act (UIFSA)
referrals won't be necessary. Increased collections will occur and then
level off.
During 1995, there were 5,187 incoming interstate cases of which 20% were
paternity establishment cases. The average interstate AFDC collection was
$529.63 per year while the Non-AFDC average was $1,346.10 per year. DCSE
caseload is split approximately 51% AFDC and 49% Non-AFDC. Multiplying the
percentage of both types of cases by the percentage of paternity
establishment cases and the average collection for each type of case yields
the additional collections anticipated. DCSE assumes that after allowing for
policy determination and implementation, that approximately 1/3 of the
increase in collections will occur in FY97, with the remaining increase
occurring in FY98. AFDC collections would be $94,046 in FY97 and $188,121 in
FY98. These funds would be distributed to the Child Support Enforcement Fund
(30.73%); federal funds (38.1%); families (25.17%); and counties (6%). Any
funds remaining in the Child Support Enforcement Fund, and not expended for
DCSE operating expenses, would eventually be transferred to General Revenue
(GR).
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
CHILD SUPPORT ENFORCEMENT
FUND
Department of Social Services
Division of Child Support Enforcement (DCSE)
Increased Collections $28,900 $57,810 $0
ESTIMATED NET EFFECT ON
CHILD SUPPORT ENFORCEMENT FUND $28,900 $57,810 $0
FEDERAL FUNDS
Department of Social Services
Division of Child Support Enforcement (DCSE)
Increased Collections $35,832 $71,674 $0
ESTIMATED NET EFFECT ON
FEDERAL FUNDS $35,832 $71,674 $0
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
LOCAL GOVERNMENT
Reimbursement to Counties $5,643 $11,287 $0
ESTIMATED NET EFFECT ON
LOCAL GOVERNMENT $5,643 $11,287 $0
DESCRIPTION
The proposal, known as the Uniform Interstate Family Support Act, would amend
the existing child support enforcement law by enacting new sections. The
primary components of the proposal would include the following:
-Uniform definitions would be established.
-A tribunal of this state could exercise personal jurisdiction over a
non-resident individual, the individual's guardian or conservator under
certain conditions and could request evidence and obtain discovery.
-A tribunal of this state could serve as both an initiating and responding
tribunal.
-If a petition or comparable pleading has been filed in another state, a
tribunal of this state could exercise jurisdiction to establish a support
order if certain conditions were met.
-A tribunal of this state issuing a support order consistent with the law of
this state would have continuing exclusive jurisdiction over a child support
order when certain conditions are met.
-A tribunal would not have continuing jurisdiction to modify an order if the
order has been modified by a tribunal in another state, but would only be
able to enforce the order and provide other appropriate relief for
violations.
-A tribunal of this state issuing a support order consistent with the law of
this state would have continuing exclusive jurisdiction over a spousal order,
but the tribunal could not modify the spousal support order if issued by a
tribunal in another state.
-Procedures would be established for determining which order to recognize one
or more child support orders issued by this state or another state.
-Sections 454.850 to 454.980 would provide for certain proceedings (e.g.,
establishment order, income withholding, modifications, etc.), related to
child or spousal support.
-A responding tribunal of this state would not be able to condition the
payment of support with provisions for visitation.
-A support enforcement agency of this state would be required, upon request,
to provide services to a petitioner in a proceeding under sections 454.001 to
454.155.
-Sections 454.850 to 454.980 would not create or negate a relationship
between an attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and the individual
being assisted by the attorney.
-The attorney general would be allowed to force a support enforcement agency
to provide services to an individual if it were determined that the agency
was neglecting or refusing to provide services.
-The Division of Child Support Enforcement would be the state information
agency under sections 454.850 to 454.980 and would be responsible for the
requirements as outlined in the proposal.
-Identifying information in a petition would be omitted if the information
would put a party or child at an unreasonable risk by the disclosure.
-Procedures would be established when a petitioner would not be required to
pay a filing fee or other costs associated with a proceeding.
-An individual participating in a proceeding in this state under sections
454.850 to 454.980 would not be amenable to service of civil process, but
this immunity would not extend to civil litigation based on acts unrelated to
a proceeding under these sections.
-Section 454.917 would establish rules of evidence.
-Procedures would be established for the issuance of a support order.
-Procedures would be established for the issuance of income withholding
orders.
-Procedures would be established for the enforcement and modification of
support orders after another state has registered with this state for
enforcement.
-Procedures would be established for contesting the validity or enforcement
of a support or income withholding order issued in another state which is
registered with this state.
-Procedures would be established to allow this state to modify a child
support order issued by another state and registered in this state.
-Procedures would be established for determining parentage.
-Procedures would be established allowing the governor of this state to
request interstate rendition of an individual for criminal non-support.
-The proposal contains a severability clause.
-Sections 450.850 to 454.980 would become effective January 1, 1997, except
cases initiated prior to January 1, 1997, would still fall under the
provisions of the Uniform Reciprocal Enforcement of Support Act.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Social Services
Department of Health
Attorney General
Office of State Courts Administrator
Department of Labor & Industrial Relations