454.455. Assignments by caretaker relatives, terminate, when, exceptions--caretaker relative defined.
Assignments by caretaker relatives, terminate, when,exceptions--caretaker relative defined.
454.455. 1. In any case wherein an order for child support has beenentered and the legal custodian and obligee pursuant to the orderrelinquishes physical custody of the child to a caretaker relative withoutobtaining a modification of legal custody, and the caretaker relative makesan assignment of support rights to the division of family services in orderto receive aid to families with dependent children benefits, therelinquishment and the assignment, by operation of law, shall transfer thechild support obligation pursuant to the order to the division in behalf ofthe state. The assignment shall terminate when the caretaker relative nolonger has physical custody of the child, except for those unpaid supportobligations still owing to the state pursuant to the assignment at thattime.
2. As used in subsection 1 of this section, the term "caretakerrelative" includes only those persons listed in subdivision (2) ofsubsection 1 of section 208.040, RSMo.
3. If an order for child support has been entered, no assignment ofsupport has been made, and the legal custodian and obligee under the orderrelinquishes physical custody of the child to a caretaker relative withoutobtaining a modification of legal custody, or the child is placed by thecourt in the legal custody of a state agency, the division may, thirty daysafter the transfer of custody and upon notice to the obligor and obligee,direct the obligor or other payor to change the payee to the caretakerrelative or appropriate state agency. An order changing the payee to acaretaker relative shall terminate when the caretaker relative no longerhas physical custody of the child, or the state agency is relieved of legalcustody, except for the unpaid support obligations still owed to thecaretaker relative or the state.
4. If there has been an assignment of support to an agency ordivision of the state or a requirement to pay through a state disbursementunit, the division may, upon notice to the obligor and obligee, direct theobligor or other payor to change the payee to the appropriate state agency.
(L. 1982 S.B. 468 § 12, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2007 S.B. 25)