The Financial Services Section is comprised of the Recovery Unit and Child Support Unit. Both units perform important work to protect the interests of Missourians.
The Recovery Unit works to collect money owed to the State of Missouri. It represents more than 40 state agencies, departments, divisions, and boards, including other sections of the Attorney General’s Office, in a variety of matters ranging from Medicaid reimbursement to breach of contract actions. Attorneys in the Recovery Unit practice primarily in state court, but also appear before the Administrative Hearing Commission and federal bankruptcy court.
The Child Support Unit represents Missouri’s Family Support Division in matters pending before the circuit courts. This work involves establishing, enforcing, and modifying child support obligations through the courts, and defending the Family Support Division’s role of providing IV-D child support services to families in Missouri.
Frequently Asked Questions
General Collection
What type of collection work does the Attorney General do?
The Attorney General collects many different types of debts, including fees, penalties, fines, assessments, loans, restitution, costs, and the like, on behalf of dozens of state agencies.
Does the Attorney General handle student loan recoveries?
Yes, the Attorney General handles student loan recovery on behalf of several state agencies.
Can I set up a payment plan to pay my debt to the state?
If your debt has been referred to the Attorney General for collection, contact the Financial Services Division to discuss a payment plan – it may be possible to arrange one.
What do I do if I have a delinquent debt that has been referred to the Attorney General for collection?
Contact the Financial Services Division of the Attorney General’s Office to discuss this debt.
What information should I have when I call the Attorney General about my debt?
You will want to know what type of debt it is and the state agency to which you owe it. If you received a letter from our office, please have it ready when you call. If you want to set up a payment plan, you should be prepared to discuss your monthly earnings and expenses.
Service on State Agencies
What are the addresses that should be used when serving a state agency?
Missouri Rule of Civil Procedure 54.13(b)(4) provides for service on state agencies. The addresses for most agencies can be found through the State of Missouri Web site.
Missouri Incarceration Reimbursement (MIRA)
What is MIRA?
The Missouri Incarceration Reimbursement Act (MIRA) authorizes the state, through the Office of the Attorney General, to seek reimbursement for an inmate’s cost of care. MIRA authorizes the state to collect up to 90 percent of the value of an inmate’s asset or assets in order to pay for his or her cost of care.
What are the recoverable assets under MIRA?
MIRA defines assets broadly. This definition includes any money received from a civil judgment and a “stream of income from any source whatsoever.” Only $50,000 of the value of an inmate’s homestead and $2,500 of wages paid while the inmate is incarcerated are excluded from the definition of asset. The state’s right to recover under MIRA has priority over all other liens, debts, or other encumbrances against real property or any other assets which are part of an inmate’s estate.
Who is affected by MIRA?
Any person who is under the jurisdiction of the Missouri Department of Corrections, and is confined in any state correctional center, or who is under the continuing jurisdiction of the Missouri Department of Corrections may be subject to a MIRA action.
Does the court take into consideration obligations to support dependents in an action brought under MIRA?
When determining an inmate’s liability under MIRA, the court considers any legal obligation to support a spouse, minor children, or other dependents, and any moral obligation to support dependents to whom the inmate is providing, or has provided, support.
Estate Recovery
What is the Estate Recovery Program?
Medicaid and other forms of public assistance are available for Missourians in need during their lifetime. After these recipients die, the Estate Recovery Program seeks recovery from their estates if they have assets remaining. Debts owed to the Missouri Department of Social Services, Missouri Department of Health and Senior Services or the Missouri Department of Mental Health may be subject to estate recovery. The federal government requires estate recovery for Medicaid.
Are there exemptions from Estate Recovery?
What types of debts are collectable through the Estate Recovery programs?
Public assistance benefits paid to or on the behalf of an individual become a state debt owed from that person’s estate upon his or her death including, but are not limited to: Medicaid payments made to nursing homes, hospitals, home health care workers and physicians; general relief payments; and, blind pension payments.
Cost of services provided to inpatients at Department of Mental Health facilities, including daily rate charges, costs of medical treatment, and outpatient services such as counseling and treatment.
Other debts owed to any state agency either because of a judgment or demand from the agency that survive after death.
Who is affected by the Estate Recovery Program?
For other debts owed, the State may pursue estate recovery regardless of the age of the individual or the types of services provided.
How do I know if the state has a claim against an estate?
If you want to know whether the State has a claim against an estate, you may contact the Cost Recovery Section at the Department of Social Services at (573) 751-2005. Or you may check the Missouri Case.net service.
What types of property are subject to recovery by the state in the Estate Recovery Programs?
Any property, such as real estate, monies or personal property, owned by a recipient at the time of death is subject to recovery through the estate recovery program. Additionally, property which has been transferred out of the recipient’s name prior to death by non-probate transfers such as beneficiary deeds, transfers on death, or pay on death is subject to recovery through the estate recovery program.
How does the Estate Recovery Program work?
What are the time limitations the state has to pursue recovery against an estate?
Child Support
What is the role of the Attorney General's Office in child support matters?
The Attorney General’s Office provides legal representation to the Family Support Division. Our office is committed to helping custodial parents and their children recover the child support to which they are entitled. When appropriate, the Family Support Division refers matters to the Attorney General. The assistant attorneys general do not have an attorney-client relationship with individual parties to child support cases, such as the parents, and can’t provide legal advice.
How does the Attorney General get involved in child support cases?
What types of child support enforcement does the Attorney General's Office handle?
Under an agreement with the Family Support Division, our office primarily handles the following types of child support enforcement cases:
- The non-custodial parent’s employer fails to comply with an income withholding order issued by the Division.
- The non-custodial parent holds a professional license.
- The non-custodial parent has a pension or other retirement plan that may be available to satisfy past due child support.
What types of modification actions does the Attorney General's Office handle?
The Family Support Division refers cases to the Attorney General to seek judicial approval on cases where the Division has initiated a modification at the request of a parent. The Attorney General may also represent the Division in modification cases where the custodian of a child is receiving public assistance. If a parent thinks a modification is appropriate on their case they should contact their caseworker.
What do I do if I am not happy with the actions taken by my caseworker?
The Family Support Division maintains a customer relations unit to handle customer inquiries:
FSD Customer Relations Unit
615 Howerton
P.O. Box 2320
Jefferson City MO 65102
(573) 526-7842
How can I collect on overdue child support payments?
Department of Social Services
Family Support Division
P.O. Box 6790
Jefferson City, MO 65102-6790
800-859-7999
800-735-2966 TDD