454.450. Support money owed state due, when, failure to pay within time limit, rights of family services--agreements for collection of support, invalid, when, fee allowed person making collection, whe
Support money owed state due, when, failure to pay within time limit,rights of family services--agreements for collection of support,invalid, when, fee allowed person making collection, when,amount--depriving family services of support payments, penalty.
454.450. 1. Whenever a custodian of a child, or other person, receivessupport moneys paid to him or her, which moneys are paid in whole or in partin satisfaction of a support obligation which is owed to the division offamily services pursuant to subsection 2 of section 454.465, or which has beenassigned to the division of family services pursuant to subsection 2 ofsection 208.040, RSMo, the moneys shall be remitted to the department ofsocial services within ten days of receipt by such custodian or other person.If not so remitted, such custodian or other person shall be indebted to thedepartment in an amount equal to the amount of the support money received andnot remitted. By not paying over the moneys to the department, such custodianor other person is deemed, without the necessity of signing any document, tohave made an irrevocable assignment to the division of family services of anysupport delinquency owed which is not already assigned to the division offamily services or to any support delinquency which may accrue in the futurein an amount equal to the amount of the support money retained. Thedepartment may utilize any available administrative or legal process tocollect the assigned delinquency to effect recoupment and satisfaction of thedebt incurred by reason of the failure of such custodian or other person toremit. The department is also authorized to make a setoff to effectsatisfaction of the debt by deduction from support moneys in its possession orin the possession of any clerk of the court or other forwarding agent whichwould otherwise be payable to such custodian or other person for thesatisfaction of any support delinquency. Nothing in this section authorizesthe department to make a setoff as to current support paid during the monthfor which the payment is due and owing.
2. A custodian of a child, or other person, who has made an assignmentof support rights to the division of family services, shall not make anyagreement with any private attorney or other person regarding the collectionof assigned support obligations without approval of the department of socialservices. If any private attorney or other person who in good faith andwithout knowledge of such assignment collects all or part of the assignedsupport obligations, any agreement regarding the distribution of the proceedsof the assigned support obligations by such private attorney or other personshall not bind the department; provided, however, the department shall beliable to such private attorney or other person for a fee computed inaccordance with subsection 3 of this section. When a private attorney orother person has begun to collect a support obligation, and thereafter anotice of assignment of support rights to the division is filed with the courtpursuant to section 454.415, notice of such assignment shall be given to thatattorney or other person as provided by supreme court rule 43.01.
3. (1) Where an assignment of support rights has been made to thedivision of family services but notice of such assignment was not filed withthe court pursuant to section 454.415, a private attorney who in good faithand without knowledge of such assignment collects all or part of such assignedsupport obligation shall be awarded by the department a fee of twenty-fivepercent of the support obligation collected. Such fees shall be paid out ofstate funds in lieu of federal funds.
(2) Where an assignment of support rights has been made to the divisionof family services and notice of the assignment was not filed with the courtpursuant to section 454.415 until after the private attorney has beguncollection proceedings, a private attorney who collects assigned supportobligations shall be awarded a fee, as the court shall determine, based uponthe time expended, but in no event shall the fee exceed twenty-five percent ofthe support obligation collected.
(3) Where no assignment of support rights has been made to the divisionof family services until after the private attorney has collected any part ofthe support obligation, no recoupment shall be had by the department of theportion collected, and the fee awarded to the private attorney or other personshall be the fee negotiated between the client and the private attorney orother person.
4. A person commits the crime of stealing, as defined by section570.030, RSMo, if he takes, obtains, uses, transfers, conceals, or retainspossession of child support payments which have been assigned to the divisionof family services with the purpose to deprive the division thereof, eitherwithout the consent of the division or by means of deceit or coercion.
(L. 1982 S.B. 468 § 11, A.L. 1986 H.B. 1479, A.L. 1988 H.B. 1272, et al.)