Missouri House Bill HB1524

Missouri 2022 Regular Session

• Introduced: 1/5/22
• Refer: 5/13/22

Caption

Allows a court to direct forfeited cash bonds in criminal nonsupport cases to the Family Support Payment Center for payment of child support arrears

Impact

The bill notably allows for the forfeiture of cash bonds posted by individuals charged with nonsupport when they fail to appear for their court hearings. In cases where these funds are forfeited, the courts must direct the remitted money to the Family Support Payment Center to pay off any child support arrears. This provision is expected to impact families waiting on child support payments by accelerating the collection of overdue amounts, thus ensuring that custodial parents receive the financial support they are entitled to more swiftly.

Summary

House Bill 1524 aims to make changes to the existing criminal nonsupport laws, specifically by repealing section 568.040 and enacting new provisions. The bill defines the offense of nonsupport, which occurs when an individual knowingly fails to provide adequate support for their spouse or child. It outlines the definition of 'arrearage' and specifies that defendants can present an affirmative defense of inability to provide support under certain circumstances, where the burden of proof lies with the defendant.

Contention

There may be some contention around how this bill handles the definition of 'good cause' for failure to provide support and what constitutes an adequate defense. Critics may argue that the rules surrounding the forfeiture of cash bonds and the conditions that dictate jail time or probation could disproportionately impact low-income individuals who struggle with meeting support obligations due to lack of resources. Consequently, advocates for reform may raise concerns regarding the potential for increased penalties that could lead to higher incarceration rates among vulnerable populations.