208.055. Public assistance recipients required to cooperate in establishing paternity--assignment of child support rights, when--public assistance defined.
Public assistance recipients required to cooperate in establishingpaternity--assignment of child support rights, when--publicassistance defined.
208.055. 1. A person who has applied for or is receiving publicassistance under programs funded under Part A of Title IV or Title XIX ofthe federal Social Security Act shall:
(1) Cooperate in good faith in establishing the paternity of, or inestablishing, modifying, or enforcing a support order for any child of suchperson by providing the family support division with the name of thenoncustodial parent of the child and such other information as the divisionmay require with respect to such parent, subject to good cause and otherexceptions to be applied in each case as defined by the family supportdivision; and
(2) A person who has applied for or is receiving assistance underprograms funded under Part A of Title IV of the federal Social Security Actshall assign to the state any rights to support from any other person suchapplicant may have in the applicant's own behalf or on behalf of any otherfamily member for whom the applicant is applying for or receiving publicassistance. An application for public assistance shall constitute anassignment of support rights and shall take effect by operation of law upona determination that the applicant is eligible for public assistance. Theassignment shall comply with the requirements of 42 U.S.C. Section608(a)(3), and authorizes the family support division to bring anyadministrative or judicial action to establish, modify or enforce a currentsupport obligation, to collect support arrearages accrued under an existingorder for support, or to seek reimbursement of public assistance providedby the state pursuant to Part IV of the federal Social Security Act.
2. For purposes of this section, "public assistance" means any incomesupport benefit, including, but not limited to, money, institutional care,or shelter, except temporary shelter. Public assistance includes programsunder the federal Social Security Act including, but not limited to, PartIV-A, as amended by the Personal Responsibility and Work OpportunityReconciliation Act of 1996. Public assistance shall not include:
(1) A noncash benefit; or
(2) A short term benefit.
(L. 1997 S.B. 361, A.L. 2009 H.B. 481)