HB 1384 -- Child Support

Co-Sponsors:  Harlan, Carnahan

This bill establishes the Parental Child Support Responsibility
Program within the Department of Social Services.  The program
allows custodial parents to receive parental child support
responsibility payments for a qualified child in certain
circumstances.  The custodial parent must apply for participation
in the program, establish the paternity of the child, obtain a
child support order for the child, assign his or her right to
collect under the child support order to the State of Missouri,
and opt not to receive cash assistance from the Temporary
Assistance for Needy Families (TANF) program.

The amount of the parental child support responsibility payment
will be the greater of the monthly child support payment made by
the noncustodial parent or the amount calculated under the
provisions of the bill.  Under the bill, the parental child
support responsibility payment is equal to the sum of $285 for
the first child, $140 for the second child, and $65 for each
additional child.  These amounts must be adjusted annually based
on changes in the Missouri self-sufficiency standard or the
Consumer Price Index if the self-sufficiency standard is not
available.

A custodial parent is not eligible for parental child support
responsibility payments if his or her household income is more
than 225% of the federal poverty level.  The parental child
support responsibility payment is decreased incrementally for
households with incomes between 100% and 225% of the federal
poverty based on an earned income disregard, until the parental
child support responsibility payment reaches zero for incomes at
225% of the federal poverty level.  If the parental child support
responsibility payment amount is zero, then the custodial parent
is entitled to receive only the court-ordered or administratively
ordered child support amount.

The expenditures for this program are limited to the amount
appropriated or if no amount is specifically appropriated, the
amount of general revenue necessary to meet the state
maintenance-of-effort requirements for the TANF program.  If the
funding for the program is not sufficient, the department can
reduce the maximum federal poverty level or prorate the monthly
payments.  The payments may not be less than the monthly child
support that is paid by the noncustodial parent.

The parental child support responsibility payments are primarily
funded by child support paid by the noncustodial parent.  The
General Assembly will provide other necessary funding subject to
appropriations.  The State of Missouri retains the monthly
payments made by the noncustodial parent in the amount specified
in the child support order as reimbursement of the parental child
support responsibility payment.  If the noncustodial parent's
payment is less than the amount in the child support order, or if
the noncustodial parent makes no child support payment, the
noncustodial parent owes the amount of the deficiency or the
entire amount to the State of Missouri.  Appropriations from
general revenue for this program can be counted toward the
state's maintenance-of-effort for the TANF program.

A noncustodial parent who is more than two months behind in his
or her child support obligations must be referred to the Parent's
Fair Share Program.  If a noncustodial parent is referred to the
program and refuses to participate or is not making progress, he
or she is subject to all penalties available for failure to pay
child support.  A noncustodial parent who has been in the
Parent's Fair Share Program for five years and who is not making
at least the current child support payment is presumed to have
failed the program and must be referred to the department for
penalties for failure to pay child support.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am