Mo. Code Regs. tit. 13 § 40-104.020
Current through Register Vol. 49, No. 23, December 2, 2024
Section 13 CSR 40-104.020 - Reporting of Child Support Debts to Consumer Reporting AgenciesPURPOSE: This amendment updates terminology. This rule is also moved from Title 13, Division 30-Child Support Enforcement, to Title 13, Division 40-Family Support Division, with this amendment.
PURPOSE: The purpose of this rule is to establish procedures where a consumer reporting agency may request debt information from the Family Support Division (FSD). It also contains procedures for FSD to report an obligor who has an arrearage of $1000 or more to consumer reporting agencies. This rule references 13 CSR 40-100.020, regarding procedures where an obligor, whose debt is to be reported to a consumer reporting agency, may request and receive an administrative hearing regarding the report. The information given to consumer reporting agencies will be used to update individual consumer records.
(1) Definitions. (A) "Consumer reporting agency" (CRA), or a credit bureau, is any person, corporation, association, partnership or other entity which, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in assembling and/or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.(B) "Division" means the Missouri Family Support Division (FSD) and its employees.(C) "Arrearage" means an amount of money owed for past-due child support, spousal support, or a state debt arising from Temporary Assistance for Needy Families (TANF), which includes, but is not limited to, a cash grant, funds expended for medical services, and alternative care payments.(D) "Obligor" means any person who is ordered to pay support by a court or administrative authority.(2) Division (IV-D) Responsibilities.(A) If an obligor- 1. Is at least two (2) months delinquent in the payment of support and the arrearage is one thousand dollars ($1,000) or more, the division shall periodically report to consumer reporting agencies an obligor's name and other identifying information specified in subsection (2)(D) and may continue to do so after the arrearage is less than one thousand dollars ($1000); or2. Has an arrearage of one thousand dollars (1,000) or more and is not two (2) months delinquent in the payment of support, the division may periodically report to consumer reporting agencies the obligor's name and other identifying information specified in subsection (2)(D), and may continue to do so after the arrearage is less than one thousand dollars ($1,000).(B) A CRA may request information on an obligor from the division. The request must always be in writing, signed by a CRA's managerial officer and sent to the division at its main office address contained in 13 CSR 40-1.010. The officer must possess authority to make the request and that authority must be cited in the request. If the obligor already has been referred to a CRA, the division must provide the information within a reasonable time. If a referral has never been made to a CRA, and the obligor is at least two (2) months delinquent in the payment of support, the division must send advance notice to the obligor as provided in subsection (2)(C), prior to providing the CRA with the requested information.(C) Prior to the referral to a CRA under subsection (2)(A) or (2)(B), the division must provide notice to the obligor that consists of the arrearage information the division intends to give the CRA and the obligor's right to contest the accuracy of that information. The advance notice to the obligor will be sent by first class mail. The advance notice must contain-a statement that the division intends to report the obligor's arrearage to one (1) or more CRAs; the date the CRA(s) will be sent the arrearage information; the arrearage amount as calculated by the division; identifying information specified in subsection (2)(D); a statement that the obligor may contest the arrearage amount by requesting an administrative hearing within twenty (20) calendar days after the notice is mailed; and the name, address, and telephone number of the person from whom the obligor can request a hearing. The division shall not refer an obligor's name and other identifying information to a CRA under this rule while the request for hearing is pending.(D) The division will generate a monthly file of all obligors meeting the criteria under subsection (2)(A) and electronically transmit the file to each CRA. The file shall include, but not be limited to, the obligor's name, Social Security number, current arrearage figure, and other identifying information as determined necessary by the division.(3) Copies of public records shall be provided by the department and shall be subject to the collection of search and copy fees and shipping charges as set forth herein. Requesters may avoid shipping charges by picking up their requested documents at the Office of the Director, Missouri Department of Social Services, 221 W. High, Room 240, Jefferson City, MO 65101. Requesters shall request to pick up their requested records at the time of their initial request. Copies of public records will be provided by the department subject to the copy and search fees set forth in section 610.026, RSMo.(4) Fees for duplicating other types of records and other formats including electronic data shall be based on the actual cost of search and duplication, or as otherwise provided by section 610.026, RSMo.(5) Disputing Arrearage Amounts on File with the CRA. (A) An obligor may seek to contest arrearage figures on file with a CRA. If the obligor contacts the division, s/he must do so in writing and clearly state the grounds on which the arrearage figure is being contested. An administrative hearing will not be held, but the division will review the case and respond to the obligor regarding the results of the review.(B) If the arrearage figure does change, the CRA will be notified on the next monthly electronic file listing. If the CRA representative contacts the division to verify the accuracy of information which is disputed by the obligor, the division will then review the case for accuracy in the same manner as if contacted directly by the obligor.Adopted by Missouri Register April 1, 2019/Volume 44, Number 7, effective 5/31/2019