454.460. Definitions. - Missouri Statutes

Definitions.

454.460. As used in sections 454.400 to 454.560, unless the contextclearly indicates otherwise, the following terms mean:

(1) "Court", any circuit court of this state and any court or agencyof any other state having jurisdiction to determine the liability ofpersons for the support of another person;

(2) "Court order", any judgment, decree, or order of any court whichorders payment of a set or determinable amount of support money;

(3) "Department", the department of social services of the state ofMissouri;

(4) "Dependent child", any person under the age of twenty-one who isnot otherwise emancipated, self-supporting, married, or a member of thearmed forces of the United States;

(5) "Director", the director of the division of child supportenforcement, or the director's designee;

(6) "Division", the division of child support enforcement of thedepartment of social services of the state of Missouri;

(7) "IV-D agency", an agency designated by a state to administerprograms under Title IV-D of the Social Security Act;

(8) "IV-D case", a case in which services are being provided pursuantto section 454.400;

(9) "Obligee", any person, state, or political subdivision to whom orto which a duty of support is owed as determined by a court oradministrative agency of competent jurisdiction;

(10) "Obligor", any person who owes a duty of support as determinedby a court or administrative agency of competent jurisdiction;

(11) "Parent", a biological or adoptive parent, including a presumedor putative father. The word parent shall also include any person who hasbeen found to be such by:

(a) A court of competent jurisdiction in an action for dissolution ofmarriage, legal separation, or establishment of the parent and childrelationship;

(b) The division under section 454.485;

(c) Operation of law under section 210.823, RSMo; or

(d) A court or administrative tribunal of another state;

(12) "Public assistance", any cash or benefit pursuant to Part IV-A,Part IV-B, Part IV-E, or Title XIX of the federal Social Security Act paidby the department to or for the benefit of any dependent child or anypublic assistance assigned to the state;

(13) "State", any state or political subdivision, territory orpossession of the United States, District of Columbia, and the Commonwealthof Puerto Rico;

(14) "Support order", a judgment, decree or order, whether temporary,final or subject to modification, issued by a court or administrativeagency of competent jurisdiction for the support and maintenance of achild, including a child who has attained the age of majority pursuant tothe law of the issuing state, or of the parent with whom the child isliving and providing monetary support, health care, child care, arrearagesor reimbursement for such child, and which may include related costs andfees, interest and penalties, income withholding, attorneys' fees and otherrelief.

(L. 1982 S.B. 468 § 13, A.L. 1986 H.B. 1479, A.L. 1988 H.B. 1272, et al., A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 1999 S.B. 291, A.L. 2007 S.B. 25)

(1990) Federal regulations for calculating amount of child support arrearages owed to a state as reimbursement of AFDC assistance paid to custodial parent preempted Missouri statute authorizing director of Missouri division of child support enforcement to "set or reset" amount of arrearage in an amount not to exceed amount of public assistance paid. Jackson v. Rapps, 746 F.Supp. 934 (W.D.Mo.).