454.531. Recovery of erroneously paid child support, procedures--penalty. - Missouri Statutes

Recovery of erroneously paid child support, procedures--penalty.

454.531. 1. Whenever a parent or other person receives supportmoneys for a child paid to him or her by the division of child supportenforcement pursuant to the provisions of chapter 454, and the divisionsubsequently determines that such payment, through no fault of thedivision, was erroneously made, either in good faith, or due to fraud orreceipt of inaccurate information from the recipient of such support, suchparent or other person shall be indebted to the division in an amount equalto the amount of the support money received by the parent or other personfor that child. The division may utilize any available administrative orlegal process to collect the erroneously paid support to effect recoupmentand satisfaction of the debt incurred by reason of the failure of suchparent or other person to reimburse the division for such erroneously paidchild support. The division is also authorized to make a setoff to effectsatisfaction of the debt by deduction from support moneys for that child inits possession or in the possession of any clerk of the court or otherforwarding agent which would otherwise be payable to such parent or otherperson for the satisfaction of any support reimbursement. Nothing in thissection authorizes the division to make a setoff as to current support paidduring the month for which the payment is due and owing.

2. A person commits the crime of stealing, as defined by section570.030, RSMo, if he or she knowingly retains possession of child supportpayments which have been erroneously paid by the division through no faultof the division and the division has requested reimbursement of suchsupport paid, if the purpose is to deprive the division of suchreimbursement, either without the consent of the division or by means ofdeceit or coercion.

(L. 1998 S.B. 910 § 4)