454.495. Circuit clerk or family support payment center made trustee, when, duties--assignment, defined.
Circuit clerk or family support payment center made trustee, when,duties--assignment, defined.
454.495. 1. Until October 1, 1999, when an administrative order hasbeen docketed pursuant to section 454.490, the court shall order allsupport payments to be made to the circuit clerk as trustee for thedivision of family services or other person entitled to receive suchpayments pursuant to the order. The filing of such order by the directorshall in and of itself authorize the court to make the circuit clerk thetrustee, notwithstanding any existing court order, statute, or other law tothe contrary, and the court need not hold a hearing on the matter. Thecircuit clerk shall:
(1) Forward all such payments to the department or other personentitled to receive such payments pursuant to the order;
(2) Keep an accurate record of the orders and the payments; and
(3) Report all such collections to the department in the mannerspecified by the department.
2. Effective October 1, 1999, and if an administrative order has beendocketed pursuant to section 454.490, the payment center pursuant tosection 454.530 shall be trustee for the division of family services orother person entitled to receive such payments pursuant to the order. Theorder by the director shall, in and of itself, authorize the payment centerto be the trustee, notwithstanding any existing court order or state law tothe contrary, and the court shall not be required to hold a hearing on thematter. The payment center shall:
(1) Forward all such payments to the department or other personentitled to receive such payments pursuant to the order;
(2) Keep an accurate record of the orders and payments; and
(3) Report all such collections to the division in the mannerspecified by the division.
3. As used in this section, "assignment" includes an assignment tothe state by a person who has applied for or is receiving assistance undera program funded pursuant to Part A of Title IV or Title XIX of the SocialSecurity Act.
(L. 1982 S.B. 468 § 20, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291)Effective 7-1-99