454.432. Circuit clerk, recording of credits for amounts not received, restrictions, credits on state debt for job training and education, conditions and restrictions.

MISSOURI STATUTES AND CODES

454.432. Circuit clerk, recording of credits for amounts not received, restrictions, credits on state debt for job training and education, conditions and restrictions.

Circuit clerk, recording of credits for amounts not received,restrictions, credits on state debt for job training and education,conditions and restrictions.

454.432. 1. The circuit clerk in a case that is not a IV-D case orthe division in a IV-D case shall record credits on the automated childsupport system records established pursuant to this chapter or chapter 452,RSMo, for amounts not received by the clerk or the division.

2. Credits allowed pursuant to this section shall include, but not belimited to, in-kind payments as provided in this section, amounts collectedfrom an obligor from federal and state income tax refunds, state lotterypayments, Social Security payments, unemployment and workers' compensationbenefits, income withholdings authorized by law, liens, garnishmentactions, abatements pursuant to section 452.340, RSMo, and any otheramounts required to be credited by statute or case law.

3. Credits shall be recorded on the trusteeship record for paymentsreceived by the division of child support enforcement and, at thediscretion of the division of child support enforcement, and upon receiptof waivers requested pursuant to subsection 4 of this section, credits maybe given on state debt judgments obtained pursuant to subsection 1 ofsection 454.465 for completion of such activities as job training andeducation, if mutually agreed upon by the division and the obligor. Thecircuit clerk shall make such credits upon receipt of paper or electronicnotification of the amount of the credit from the division. The divisionmay record the credit or adjust the records to reflect payments anddisbursements shown on the trusteeship record when the trusteeship recordis contained or maintained in the automated child support systemestablished in this chapter.

4. The director of the department of social services shall apply tothe United States Secretary of Health and Human Services for all waivers ofrequirements pursuant to federal law necessary to implement the provisionsof subsection 3 of this section.

5. Credits shall be entered on the automated child support system fordirect and in-kind payments received by the custodial parent when thecustodial parent files an affidavit stating the particulars of the directand in-kind payments to be credited on the court record with the circuitclerk; however, no such credits shall be entered for periods during whichchild support payments are assigned to the state pursuant to law. Suchcredits may include, but shall not be limited to, partial and completesatisfaction of judgment for support arrearages.

6. Nothing contained in this section shall prohibit satisfaction ofjudgment as provided for in sections 511.570 to 511.620, RSMo, and bysupreme court rule.

7. Application for the federal earned income tax credit shall, whenapplicable, be required as a condition of participating in the alternativechild support credit programs of subsection 3 of this section.