454.460. Definitions. — As used in sections 454.400 to 454.560, unless the context clearly indicates otherwise, the following terms mean:
(1) "Court", any circuit court of this state and any court or agency of any other state having jurisdiction to determine the liability of persons for the support of another person;
(2) "Court order", any judgment, decree, or order of any court which orders payment of a set or determinable amount of support money;
(3) "Department", the department of social services of the state of Missouri;
(4) "Dependent child", any person under the age of twenty-one who is not otherwise emancipated, self-supporting, married, or a member of the Armed Forces of the United States;
(5) "Director", the director of the family support division, or the director's designee;
(6) "Division", the family support division of the department of social services of the state of Missouri;
(7) "IV-D agency", an agency designated by a state to administer programs under Title IV-D of the Social Security Act;
(8) "IV-D case", a case in which services are being provided pursuant to section 454.400;
(9) "Obligee", any person, state, or political subdivision to whom or to which a duty of support is owed as determined by a court or administrative agency of competent jurisdiction;
(10) "Obligor", any person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction;
(11) "Parent", a biological or adoptive parent, including a presumed or putative father. The word parent shall also include any person who has been found to be such by:
(a) A court of competent jurisdiction in an action for dissolution of marriage, legal separation, or establishment of the parent and child relationship;
(b) The division under section 454.485;
(c) Operation of law under section 210.823; 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 paid by the department to or for the benefit of any dependent child or any public assistance assigned to the state;
(13) "State", any state or political subdivision, territory or possession of the United States, District of Columbia, and the Commonwealth of Puerto Rico;
(14) "Support order", a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority pursuant to the law of the issuing state, or of the parent with whom the child is living and providing monetary support, health care, child care, arrearages or reimbursement for such child, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
Notes of Decisions
Cited in
25
cases, 1984–2019 · leading case:
Kubley v. Brooks, 141 S.W.3d 21 (Mo. 2004).
Kubley v. Brooks, 141 S.W.3d 21 (Mo. 2004).
· cites it 22× “The Circuit Court's Child Support Order Was for a "Determinable" Amount Under Section 454.460(2). Section 454.470.1 provides: If a court order has not been previously entered, the director may issue a notice and finding of financial responsibility to a parent who owes a state…”
Collor-Reed v. Ward, 149 S.W.3d 897 (Mo. Ct. App. 2004).
· cites it 7× “Section 454.460(14). A “support order” therefore refers to an order providing monetary support for the care and maintenance of a child.”
Garcia-Huerta v. Garcia, 108 S.W.3d 684 (Mo. Ct. App. 2003).
· cites it 3× “Section 454.460(14). Based on this definition, a “support order” refers to an order providing monetary support for the care and maintenance of a child.”
Dye v. Div. of Child Support Enf't, Dep't of Soc. Servs., 811 S.W.2d 355 (Mo. 1991).
· cites it 2× “The trial court decided that no court order, as that term is defined by § 454.460(2), RSMo 1986, for the payment of a set or determinable amount of support money for Dawn was in effect.”
Binns v. Missouri Div. of Child Support Enf't, 1 S.W.3d 544 (Mo. Ct. App. 1999).
· cites it 4× “1 (emphasis added). For the purposes of this statute, Missouri defines “court order” as “any judgment, decree, or order of any court which orders payment of a set or determinable amount of support money.”
Wadley v. State, Dep't of Soc. Servs., Div. of Child Support Enf't, 895 S.W.2d 176 (Mo. Ct. App. 1995).
· cites it 2× “3 provides that “[i]n no event shall a hearing official conducting a hearing under sections 454.460 to 454.510 be authorized to enter a finding of nonpaternity in the case of a man presumed to be the natural father of any child of legitimate birth under Missouri law.”
Dycus v. Cross, 869 S.W.2d 745 (Mo. 1994).
“For purposes of sections 454.460 to 454.505, a payment of public assistance by the division of family services to or for the benefit of any dependent child, including any payment made for the benefit of the caretaker of the child, creates an obligation, to be called “state…”
Bollinger v. Bollinger, 778 S.W.2d 15 (Mo. Ct. App. 1989).
· cites it 2× “Also provisions of Chapter 454 relating to child support enforcement were adopted, including reenactment of § 454.460. It provided that as used in §§ 454.”
Gaunt v. Shelter Mut. Ins. Co., 808 S.W.2d 401 (Mo. Ct. App. 1991).
· cites it 2× “1, which is set forth in footnote 2, deals with enforcement of an order which “has been entered by the director pursuant to sections 454.460 to 454.-505.” Nothing in the instant record shows that such an administrative order was ever issued and that in turn may be the reason for…”
Mo. Rev. Stat. § 454.460(12): 1 case
Mo. Rev. Stat. § 454.460(14): 3 cases
Garcia-Huerta v. Garcia, 108 S.W.3d 684 (Mo. Ct. App. 2003).
“Section 454.460(14). Based on this definition, a “support order” refers to an order providing monetary support for the care and maintenance of a child.”
Collor-Reed v. Ward, 149 S.W.3d 897 (Mo. Ct. App. 2004).
“Section 454.460(14). A “support order” therefore refers to an order providing monetary support for the care and maintenance of a child.”
Mo. Rev. Stat. § 454.460(2): 7 cases
Kubley v. Brooks, 141 S.W.3d 21 (Mo. 2004).
“The Circuit Court's Child Support Order Was for a "Determinable" Amount Under Section 454.460(2). Section 454.470.1 provides: If a court order has not been previously entered, the director may issue a notice and finding of financial responsibility to a parent who owes a state…”
Collor-Reed v. Ward, 149 S.W.3d 897 (Mo. Ct. App. 2004).
“Section 454.460(14). A “support order” therefore refers to an order providing monetary support for the care and maintenance of a child.”
Binns v. Missouri Div. of Child Support Enf't, 1 S.W.3d 544 (Mo. Ct. App. 1999).
“1 (emphasis added). For the purposes of this statute, Missouri defines “court order” as “any judgment, decree, or order of any court which orders payment of a set or determinable amount of support money.”
Mo. Rev. Stat. § 454.460(5): 2 cases
Wadley v. State, Dep't of Soc. Servs., Div. of Child Support Enf't, 895 S.W.2d 176 (Mo. Ct. App. 1995).
“3 provides that “[i]n no event shall a hearing official conducting a hearing under sections 454.460 to 454.510 be authorized to enter a finding of nonpaternity in the case of a man presumed to be the natural father of any child of legitimate birth under Missouri law.”
Mo. Rev. Stat. § 454.460(8): 1 case
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