Section 28.6 Child Support

• Library: Family Law Deskbook and 2014 Supp

VI. (§28.6) Child Support

Prompted by federal legislation, Social Security Act, Pub. L. No. 93-647, 88 Stat. 2337, Missouri has given statutory authority to the prosecuting attorney and the FSD (Family Support Division) to enforce civil liability for child support. Chapter 454, RSMo. In a coordinated effort to enforce the father’s duty of support, the federal and state legislatures have developed an extensive mechanism for locating and prosecuting parents owing a duty of support. Federal statutes have even created jurisdiction in federal district courts for registration and enforcement of state support orders. The procedure for utilizing federal court jurisdiction is set forth at 42 U.S.C. § 652(a)(8). But this jurisdiction only arises after the case has been certified by the Secretary of Health and Human Services. 42 U.S.C. § 660. Chapter 454 creates the structure for child support enforcement in Missouri. Section 454.485.1, RSMo 2000, authorizes the Director of the MoDSS (Department of Social Services), FSD, to enter an order establishing paternity as part of an administrative support enforcement process. The order can be filed with the clerk of the circuit court in the appropriate county and carries the same weight as a court order establishing paternity under Chapter 210, RSMo. Section 454.490.1, RSMo 2000.

As part of the support enforcement mechanism, the Missouri legislature adopted the UIFSA (Uniform Interstate Family Support...