Missouri Laws 478.422 – Friend of court in child support matters, appointment, compensation (St. ..
1. The circuit judges of the circuit courts of the city of St. Louis and St. Louis County may appoint at least one “friend of the court” who shall be an attorney licensed to practice law in this state whose duty it shall be to prosecute any necessary civil action to enforce the payment of all delinquent payments duly ordered and decreed by the court for the support, maintenance, and education of a dependent minor child. The friend of the court shall be a resident of the circuit, and each circuit judge may, in his discretion, appoint more than one friend of the court if circumstances warrant such appointments.
2. The friend of the court shall, when appointed, upon his own information or upon the filing of a written complaint by some adult resident of the county wherein the dependent minor child is located, act as next friend to the child, without further appointment, for the purpose of collecting such delinquent payments, and may begin or continue any action to collect the delinquent payments. If the friend of the court finds that he is unable to collect the payments with a civil action, he shall notify the court, in writing, of his inability to satisfy the order or decree for payment, and shall send a copy of such notification to the prosecuting attorney of the county wherein the child is located.
Terms Used In Missouri Laws 478.422
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dependent: A person dependent for support upon another.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
3. As compensation for his services the friend of the court shall be allowed a fee in each case of not to exceed fifty dollars which shall be taxed as costs.
4. Such delinquent payments as may be collected hereunder shall be made payable to “friend of the court”. The friend of the court, after first deducting his fee as hereinabove provided in subsection 3, shall disburse the collected delinquent payments to the person entitled to receive them in accordance with the terms of the decree for which enforcement of payment is sought and he shall report said collection and disbursement to the court.
5. Upon the appointment of a friend of the court as required by this section, each circuit judge shall notify all prosecuting attorneys and circuit clerks within his circuit of such appointment, and shall give them the name and address of each such friend of the court.