Office Hours are from 8:30 a.m. until 4:30 p.m. Monday through Friday. The telephone numbers are (636)797-5338 and (636)797-5339. The fax number is (636)797-5551

Child Support Sections

• Overview
• Civil Contempt
• Criminal Nonsupport
• Paternity
• Interstate

Overview

The Child Support Program in the State of Missouri is administered by the Department of Social Services, Division of Child Support Enforcement (DCSE). Missouri has enacted laws that allow DCSE to collect child support through wage withholdings, garnishments, unemployment and tax intercepts and liens without having to file a collection action in court.

Child Support services through DCSE are available without cost to all Missouri residents and are provided automatically to custodial parents who receive Temporary Assistance to Needy Families payment for dependent children through the Division of Family Services. The DCSE office serving Jefferson County is located at 4626 Yeager Road, Hillsboro, Missouri 63050. The telephone number is (636)797-2704.

There are some actions that cannot be handled administratively by DCSE. In those situations, DCSE will make referral to the appropriate Prosecuting Attorney's Office. Jefferson County only works cases referred by DCSE. The office does not initiate cases on its own. The Prosecuting Attorney's Office will file the appropriate pleadings and process the case through the court system.

The most recent and wide sweeping change in Missouri's Child Support Program is centralized payment processing. Prior to October 1, 1999, child support payments were processed in the county where the Order was entered. Beginning October 1999, the majority of child support payments paid in Missouri are processed through the Family Support Payment Center located in Jefferson City, Missouri. For information or to ask questions, custodial parents, non-custodial parents and employers can call 1-800-558-8224. To check payments collected and disbursed, call 1-800-225-0530.

Civil Contempt

Referrals are received from the Division of Child Support Enforcement (DCSE) requesting this office enforce child support Orders that have already been established, either through a divorce decree or other types of action.

When the referral is received, the Assistant Prosecuting Attorney reviews it and determines the appropriate legal action to take.

One option for enforcement is to file a Motion and Order for Show Cause. The Order to Show Cause requires the person that owes the support (the non-custodial parent) to appear in court and explain why they should not by held in contempt for failure to pay the court ordered child support. The custodial parent will receive notification of the date and time and an information letter explaining the procedure.

In order for the hearing to take place the non-custodial parent must be personally served with the Motion and Order at least seven days prior to the hearing date. If service cannot be obtained, this office will attempt to locate the non-custodial parent and file another Motion and Order to Show Cause.

Simply because a hearing is held does not mean that the non-custodial parent will be found in contempt and put in jail. Generally, the court will allow the non-custodial parent to begin making payments and to establish a payment record. The hearing will be continued to another date in order to allow the non-custodial parent time to comply with the Order. The hearing may be continued many times if this will ensure that the non-custodial parent pays. The custodial parent will receive notice of all court dates.

Should the non-custodial parent choose not to comply with the Order and begin making payment after service of the Motion and Order to Show Cause, they may be found in contempt and sentenced to serve a period of time in jail. The finding of contempt and the length of time spent in jail are the decisions for the court.

If the non-custodial parent does not appear, the court will issue a Writ of Body Attachment for failure to appear. There will be a cash only bond set that equals the amount of the arrearage owed. The Body Attachment will stay active until the non-custodial parent is arrested or the Body Attachment is withdrawn.

Criminal Nonsupport

The failure of a parent to support a minor child that the parent is legally obligated to support is a crime in the State of Missouri. Nonsupport can be charged as a felony if the obligated parent fails to pay six months within a twelve-month period or has accumulated an arrearage in excess of five thousand dollars.

The obligated parent may have a defense to the charge if they can show good cause as to why support was not provided. Good cause may be illness, incapacitation or incarceration.

The purpose in filing a criminal nonsupport charge, like any other criminal charge, is punishment. The purpose is not to force the non-custodial parent to comply with the court Order, as it is in civil contempt proceedings. The obligated parent is afforded all of the rights guaranteed to any other criminal defendant.

If it is determined that criminal charges are the appropriate action to take, the custodial parent will receive an information letter, a questionnaire to fill out and a criminal complaint that must be signed in front of a notary and returned to this office.

The complaint is then filed with the court and, in the filing of a felony, a warrant is issued for the arrest of the obligated parent. After the arrest of the obligated parent, the custodial parent may be required to appear at the court hearings and possibly depositions.

Again, the purpose of filing criminal charges is to punish the individual who broke the law and not collect money from them.

Paternity

A referral is received from the Division of Child Support Enforcement (DCSE) when the paternity of a child is at issue. The custodial parent will receive a letter from the Prosecuting Attorney's Office indicating an appointment date and time, and a list of documents and information that the custodial parent needs to bring to the appointment.

A custodial parent that receives Temporary Assistance to Needy Families (TANF) benefits must cooperate with this office or those benefits will be sanctioned. If a custodial parent that does not receive any State benefits does not cooperate with this office, the referral will be closed and returned to DCSE.

At the appointment, the custodial parent will meet with the Assistant Prosecutor and sign paperwork necessary to file a paternity action in court. At that time, questions will be answered and legal procedures will be explained.

The Prosecuting Attorney's Office does not represent the custodial parent or the child in a paternity action. This office represents the State of Missouri's interests. This office cannot be involved in custody or visitation issues.

This office will process the case through the court system and prepare the final judgment. Once a judgment is obtained the referral is closed and the case is sent back to DCSE for enforcement of the child support order.

Interstate

If the non-custodial parent resides in another state and Missouri does not have legal jurisdiction over the non-custodial parent, an action will be filed to the other state using the Uniform Interstate Family Support Act (UIFSA).

Child Support orders can be enforced or established through UIFSA. Paternity can also be established through UIFSA.

When the referral is received from DCSE, the custodial parent will receive notice of a date and time to come into the Prosecuting Attorney's Office to fill out the necessary paperwork. The paperwork will then be sent to the state where the non-custodial parent lives and that state will take the necessary legal action.

This office will monitor the progress of the case by sending written status requests to the responding state at regular intervals.