Missouri Statute | Act | Code |Domestic Relations| US Code - US Statute

The purposes of sections 454.010 to 454.360 are to improve and
extend by reciprocal legislation the enforcement of duties of support and
to make uniform the law with respect thereto. (L. 1959 S.B. 118)

(1957) The Uniform Support of Dependents' Law is not violative of the due
process or retrospective law provisions of the constitution. Ivey v.
Ayers (Mo.), 301 S.W.2d 790.

In sections 454.010 to 454.360 unless the context otherwise
requires:

(1) "Certification" shall be in accordance with the laws of the
certifying state.

(2) "Court" means the circuit court of this state and, when the context
requires, means the court of any other state as defined in a
substantially similar reciprocal law.

(3) "Duty of support" includes any duty of support imposed or imposable
by law, or by any court order, decree or judgment, whether interlocutory
or final, whether incidental to a proceeding for divorce, legal
separation, separate maintenance or otherwise, and includes the duty to
pay arrearages of support payments which are past due and unpaid.

(4) "Governor" includes any person performing the functions of governor
or the executive authority of any territory covered by the provisions of
sections 454.010 to 454.360.

(5) "Initiating court" means the court in which a proceeding is commenced.

(6) "Initiating state" means any state in which a proceeding pursuant to
this or a substantially similar reciprocal law is commenced.

(7) "Law" includes both common and statute law.

(8) "Obligee" means any person to whom a duty of support is owed and a
state or political subdivision thereof.

(9) "Obligor" means any person owing a duty of support.

(10) "Register" means to file in the Registry of Foreign Support Orders
as required by the court.

(11) "Registering court" means any court of this state in which the
support order of the rendering state is registered.

(12) "Rendering state" means any state in which a support order is
originally entered.

(13) "Responding court" means the court in which the responsive
proceeding is commenced.

(14) "Responding state" means any state in which any proceeding pursuant
to the proceeding in the initiating state is or may be commenced.

(15) "State" includes any state, territory, or possession of the United
States, the District of Columbia, and any foreign jurisdiction in which
this or a substantially similar reciprocal law has been enacted.

(16) "Support order" means any judgment, decree or order of support,
whether temporary or final, whether subject to modification, revocation
or remission, regardless of the kind of action in which it is entered.
(L. 1959 S.B. 118, A.L. 1982 S.B. 468)

The remedies herein provided are in addition to and not in
substitution for any other remedies. (L. 1959 S.B. 118)

Duties of support arising under the law of this state, when
applicable under section 454.070, bind the obligor, present in this
state, regardless of the presence or residence of the obligee. (L. 1959
S.B. 118)

The governor of this state may:

(1) Demand from the governor of any other state the surrender of any
person found in such other state who is charged in this state with the
crime of failing to provide for the support of any person in this state;

(2) Surrender on demand by the governor of any other state any person
found in this state who is charged in such other state with the crime of
failing to provide for the support of any person in such other state. The
provisions for extradition of criminals not inconsistent herewith shall
apply to any such demand although the person whose surrender is demanded
was not in the demanding state at the time of the commission of the crime
and although he had not fled therefrom. Neither the demand, the oath nor
any proceedings for extradition pursuant to this section need state or
show that the person whose surrender is demanded has fled from justice,
or at the time of the commission of the crime was in the demanding or
other state. (L. 1959 S.B. 118)

(1962) Writ of prohibition issued to prevent circuit court from
exercising further jurisdiction in habeas corpus proceeding wherein
petitioner challenged extradition proceedings on ground of
unconstitutionality of foreign statute under which he was charged. State
ex rel. Anderson v. Weinstein (Mo.), 359 S.W.2d 355.

1. Before making the demand on the governor of any other state
for the surrender of a person charged in this state with the crime of
failing to provide for the support of any person, the governor of this
state may require any prosecuting attorney of this state to satisfy him
that at least sixty days prior thereto the obligee brought an action for
the support under sections 454.010 to 454.360, or that the bringing of an
action would be of no avail.

2. When under this or a substantially similar law, a demand is made upon
the governor of this state by the governor of another state for the
surrender of a person charged in the other state with the crime of
failing to provide support, the governor may call upon any prosecuting
attorney to investigate or assist in investigating the demand, and to
report to him whether any action for support has been brought under
sections 454.010 to 454.360 or would be effective.

3. If an action for the support would be effective and no action has been
brought, the governor may delay honoring the demand for a reasonable time
to permit prosecution of an action for support.

4. If an action for support has been brought and the person demanded has
prevailed in that action, the governor may decline to honor the demand.

5. If an action for support has been brought and pursuant thereto the
person demanded is subject to a support order, the governor may decline
to honor the demand so long as the person demanded is complying with the
support order. (L. 1959 S.B. 118)

Duties of support applicable under this law are those imposed or
imposable under the laws of any state where the obligor was present
during the period for which support is sought. The obligor is presumed to
have been present in the responding state during the period for which
support is sought until otherwise shown. (L. 1959 S.B. 118)

(1956) Where Florida divorce decree referred to and approved agreement
fixing duty of support of children and ordered parties to carry out its
terms, it constituted a valid judgment imposing a duty of support
enforceable under this law. State ex rel. Whatley v. Mueller (A.), 288
S.W.2d 405.

Whenever the state or a political subdivision thereof furnishes
support to an obligee, it has the same right to invoke the provisions
hereof as the obligee to whom the support was furnished for the purpose
of securing reimbursement of expenditures so made and of obtaining
continuing support. The state also may recover arrearages owed to the
obligee under a court order or judgment and assigned to the state as a
condition of eligibility for benefits under the aid to families with
dependent children program. (L. 1959 S.B. 118, A.L. 1982 S.B. 468)

All duties of support, including the duty to pay arrearages, are
enforceable by a proceeding under the provisions of sections 454.010 to
454.360, including a proceeding for civil contempt. The defense that the
parties are immune to suit because of their relationship as husband and
wife or parent and child is not available to the obligor. (L. 1959 S.B.
118, A.L. 1982 S.B. 468)

Jurisdiction of all proceedings hereunder is vested in the
circuit court. Such proceedings shall be heard by a circuit judge, except
that said proceedings may be heard by an associate circuit judge if he is
assigned to hear such case or class of cases or if he is transferred to
hear such case or class of cases pursuant to other provisions of law or
section 6 of article V of the constitution. (L. 1959 S.B. 118, A.L. 1978
H.B. 1634)

Effective 1-2-79

Participation in any proceeding under sections 454.010 to
454.360* does not confer jurisdiction upon any court over any of the
parties thereto in any other proceeding. (L. 1982 S.B. 468)

*Original rolls contain words "this act". The act (S.B. 468, 1982)
contains numerous sections. Consult Disposition of Sections table for
definitive listing.

The petition shall be verified and shall state the name and, so
far as known to the plaintiff, the address and circumstances of the
defendant and his dependents for whom support is sought and all other
pertinent information. The plaintiff may include in or attach to the
petition any information which may help in locating or identifying the
defendant such as a photograph of the defendant, a description of any
distinguishing marks of his person, other names and aliases by which he
has been or is known, the name of his employer, his fingerprints, or
Social Security number. (L. 1959 S.B. 118)

The prosecuting attorney upon the request of the court or of the
state division of family services shall represent the plaintiff in any
proceeding under sections 454.010 to 454.360. (L. 1959 S.B. 118)

A petition on behalf of a minor obligee may be brought by a
person having legal custody of the minor without appointment as guardian
ad litem. (L. 1959 S.B. 118)

If the court of this state acting as an initiating state finds
that the petition sets forth facts from which it may be determined that
the defendant owes a duty of support and that a court of the responding
state may obtain jurisdiction of the defendant or his property, it shall
so certify and shall cause three copies of (1) the petition, (2) its
certificate and (3) sections 454.010 to 454.360 to be transmitted to the
court in the responding state. If the name and address of such court is
unknown and the responding state has an information agency comparable to
that established in the initiating state it shall cause such copies to be
transmitted to the state information agency or other proper official of
the responding state, with a request that it forward them to the proper
court, and that the court of the responding state acknowledge their
receipt to the court of the initiating state. (L. 1959 S.B. 118)

An initiating court shall not require the payment of either a
filing fee or other costs from the obligee, but may request the
responding court to collect fees and costs from the obligor. A responding
court shall not require the payment of a filing fee or other costs from
the obligee, but it may direct that all fees and costs requested by the
initiating court and incurred in this state when acting as a responding
state be paid in whole or in part by the obligor or by the appropriate
county of the initiating state. These costs or fees do not have priority
over amounts due to the obligee. (L. 1959 S.B. 118, A.L. 1982 S.B. 468,
A.L. 1996 S.B. 869)

Effective 7-1-97

If a court of this state believes that the obligor may flee, it
may:

(1) As an initiating court, request in its certificate that the
responding court obtain the body of the obligor by appropriate process; or

(2) As a responding court, obtain the body of the obligor by appropriate
process. Thereupon it may release him upon his own recognizance or upon
his giving a bond in an amount set by the court to assure his appearance
at the hearing. (L. 1959 S.B. 118, A.L. 1982 S.B. 468)

The division of family services is hereby designated as the
"state information agency" under sections 454.010 to 454.360, and it
shall:

(1) Compile a list of the courts and their addresses in this state having
jurisdiction under sections 454.010 to 454.360 and transmit the same to
the state information agency of every other state which has adopted this
or a substantially similar law, and

(2) Maintain a register of such lists received from other states and
transmit copies thereof as soon as possible after receipt to every court
in this state having jurisdiction under sections 454.010 to 454.360. (L.
1959 S.B. 118)

1. After the court of this state acting as a responding state
has received from the court of the initiating state the aforesaid copies
the clerk of the court shall docket the cause and notify the prosecuting
attorney of his action.

2. It shall be the duty of the prosecuting attorney diligently to
prosecute the case. He shall take all action necessary in accordance with
the laws of this state to give the court jurisdiction of the defendant or
his property and shall request the court to set a time and place for a
hearing. (L. 1959 S.B. 118)

(1956) Where Florida divorce decree referred to and approved agreement
fixing duty of support of children and ordered parties to carry out its
terms, it constituted a valid judgment imposing a duty of support
enforceable under this law. State ex rel. Whatley v. Mueller (A.), 288
S.W.2d 405.

(1956) Where divorce decree in this state required defendant husband to
make payments for support of his minor children, the jurisdiction of
divorce court over such children was continuous and exclusive, so that
another circuit court in this state could not acquire jurisdiction of
support proceeding under this law. Welch v. McIntosh (A.), 290 S.W.2d 181.

(1958) Cross bill for divorce cannot be entertained as defense under
chapter 454, RSMo. State ex rel. Schwartz v. Buder (A.), 315 S.W.2d 867.

1. The prosecuting attorney shall, on his own initiative, use
all means at his disposal to trace the defendant or his property and if,
due to inaccuracies of the petition or otherwise, the court cannot obtain
jurisdiction, the prosecuting attorney shall inform the court of what he
has done and request the court to continue the case pending receipt of
more accurate information or an amended petition from the court in the
initiating state.

2. If the defendant or his property is not found in the county and the
prosecuting attorney discovers by any means that the defendant or his
property may be found in another county of this state or in another state
he shall so inform the court and thereupon the clerk of the court shall
forward the documents received from the court in the initiating state to
a court in the other county or to a court in the other state or to the
information agency or other proper official of the other state with a
request that it forward the documents to the proper court. Thereupon both
the court of the other county and any court of this state receiving the
documents and the prosecuting attorney have the same powers and duties
under sections 454.010 to 454.360 as if the documents had been originally
addressed to them. When the clerk of a court of this state retransmits
documents to another court, he shall notify forthwith the court from
which the documents came.

3. If the prosecuting attorney has no information as to the whereabouts
of the obligor or his property he shall so inform the initiating court.
(L. 1959 S.B. 118)

1. If the obligee is not present at the hearing and the obligor
denies owing the duty of support alleged in the petition or offers
evidence constituting a defense, the court, upon the request of either
party, shall continue the hearing to permit evidence relative to the duty
of support to be introduced by either party by deposition or by appearing
in person before the court. The court may designate the judge of the
initiating court as a person before whom a deposition may be taken.

2. If the action is based on a support order issued by another court, a
certified copy of the order shall be received as evidence of the duty of
support, subject only to any defenses available to an obligor with
respect to paternity or to a defendant in an action or a proceeding to
enforce a foreign money judgment.

3. If the obligor asserts as a defense that he is not the father of the
child for whom support is sought and it appears to the court that the
defense is not frivolous, and, if both of the parties are present at the
hearing or the proof required in the case indicates that the presence of
either or both of the parties is not necessary, the court may adjudicate
the paternity issue; otherwise, the court may adjourn the hearing until
the paternity issue has been adjudicated.

4. In any proceeding under sections 454.010 to 454.360 in which paternity
is at issue, the provisions of sections 210.822 and 210.834, RSMo, shall
apply. (L. 1959 S.B. 118, A.L. 1982 S.B. 468, A.L. 1993 S.B. 253, A.L.
1994 H.B. 1491 & 1134 merged with S.B. 508)

Effective 7-1-94

Laws attaching a privilege against the disclosure of
communications between husband and wife are inapplicable to proceedings
under sections 454.010 to 454.360. Husband and wife are competent
witnesses to testify to any relevant matter, including marriage and
parentage. (L. 1959 S.B. 118)

If the court of the responding state finds a duty of support, it
may order the defendant to furnish support or reimbursement therefor and
subject the property of the defendant to such order. (L. 1959 S.B. 118)

The court of this state when acting as a responding state shall
cause to be transmitted to the court of the initiating state a copy of
all orders of support or for reimbursement therefor. (L. 1959 S.B. 118)

In addition to the foregoing powers, the court of this state
when acting as the responding state has the power to subject the
defendant to such terms and conditions as the court may deem proper to
assure compliance with its orders and in particular:

(1) To require the defendant to furnish recognizance in the form of a
cash deposit or bond of such character and in such amount as the court
may deem proper to assure payment of any amount required to be paid by
the defendant;

(2) To require the defendant to make payments at specified intervals to
the clerk of the court and to report personally to such clerk at such
times as may be deemed necessary;

(3) To punish the defendant who shall violate any order of the court to
the same extent as is provided by law for contempt of the court in any
other suit or proceeding cognizable by the court; and

(4) To impose a withholding order against the wages or other income of
the defendant pursuant to section 452.350, RSMo. (L. 1959 S.B. 118, A.L.
1990 S.B. 834)

The court of this state when acting as a responding state shall
have the following duties which may be carried out through the clerk of
the court:

(1) Upon the receipt of a payment made by the defendant pursuant to any
order of the court or otherwise, to transmit the same forthwith to the
court of the initiating state, and

(2) Upon request, to furnish to the court of the initiating state a
certified statement of all payments made by the defendant. (L. 1959 S.B.
118)

The courts of this state when acting as an initiating state
shall have the duty which may be carried out through the clerk of the
court to receive and disburse forthwith all payments made by the
defendant or transmitted by the court of the responding state. (L. 1959
S.B. 118)

A responding court shall not stay the proceeding or refuse a
hearing under the provisions contained in sections 454.010 to 454.360
because of any pending or prior action or proceeding for divorce,
separation, annulment, dissolution, habeas corpus, adoption, or custody
in this or any other state. The court shall hold a hearing and may issue
a support order pendente lite. In aid thereof, it may require the obligor
to give a bond for the prompt prosecution of the pending proceeding. If
the other action or proceeding is concluded before the hearing in the
instant proceeding and the judgment therein provides for the support
demanded in the petition pending, the court before which such petition is
pending may conform its support order to the amount allowed in the other
action or proceeding. Thereafter, such court shall not stay enforcement
of its support order because of the retention of jurisdiction for
enforcement purposes by the court in the other action or proceeding. (L.
1959 S.B. 118, A.L. 1982 S.B. 468)

If the director of the division of family services is of the
opinion that a support order is erroneous and presents a question of law
warranting an appeal in the public interest, he may perfect an appeal to
the proper appellate court if the support order was issued by a court of
this state. (L. 1982 S.B. 468)

No order of support issued by a court of this state when acting
as a responding state shall supersede any other order of support but the
amounts for a particular period paid pursuant to either order shall be
credited against amounts accruing or accrued for the same period under
both. (L. 1959 S.B. 118)

If the duty of support is based on a foreign support order, the
obligee has the additional remedies provided in the following sections.
(L. 1959 S.B. 118)

The obligee may register the foreign support order in a court of
this state in the manner, with the effect and for the purposes herein
provided. (L. 1959 S.B. 118)

The clerk of the court shall maintain a Registry of Foreign
Support Orders in which he shall file foreign support orders. (L. 1959
S.B. 118)

The petition for registration shall be verified and shall set
forth the amount remaining unpaid and a list of any other states in which
the support order is registered and shall have attached to it a certified
copy of the support order with all modifications thereof. The foreign
support order is registered upon the filing of the petition subject only
to subsequent order of confirmation. (L. 1959 S.B. 118)

The procedure to obtain jurisdiction of the person or property
of the obligor shall be as provided in civil cases. The obligor may
assert any defense available to a defendant in an action on a foreign
judgment. If the obligor defaults, the court shall enter an order
confirming the registered support order and determining the amounts
remaining unpaid. If the obligor appears and a hearing is held, the court
shall adjudicate the issues including the amounts remaining unpaid. (L.
1959 S.B. 118)

The support order as confirmed shall have the same effect and
may be enforced as if originally entered in the court of this state. The
procedures for the enforcement thereof shall be as in civil cases. (L.
1959 S.B. 118)

This law shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact it. (L. 1959
S.B. 118 § 454.360)

The provisions contained in sections 454.010 to 454.360 apply if
both the obligee and the obligor are in this state but in different
counties, or if both the obligor and obligee are residents of the same
county. If the court of the county in which the petition is filed finds
that the petition sets forth facts from which it may be determined that
the obligor owes a duty of support and finds that a court of another
county in this state may obtain jurisdiction over the obligor or his
property, the clerk of the court shall send the petition and a
certification of the findings to the court of the county in which the
obligor or his property is found. The clerk of the court of the county
receiving these documents shall notify the prosecuting attorney of their
receipt. The prosecuting attorney and the court in the county to which
the copies are forwarded shall then have duties corresponding to those
imposed upon them when acting for this state as a responding state,
including, but not limited to, the registration of an order for support
entered by another court within this state. Such a registered order shall
have the same effect and may be enforced as if originally entered by the
court of the responding county. (L. 1982 S.B. 468)

Sections 454.010 to 454.360 may be cited as the "Uniform
Reciprocal Enforcement of Support Law". In all cases filed by Missouri or
received by Missouri under the provisions of the uniform reciprocal
enforcement of support act, sections 454.010 to 454.360, prior to January
1, 1997, the provisions of the uniform reciprocal enforcement of support
act, sections 454.010 to 454.360, shall continue to apply. In all other
cases, the provisions of the uniform interstate family support act,
sections 454.850 to 454.980, shall apply. (L. 1959 S.B. 118 § 454.370,
A.L. 1996 H.B. 992)

The division shall use high-volume automated administrative
enforcement, to the same extent as used in intrastate cases, in response
to a request made by another state child support agency to enforce a
support order and promptly report the results to the requesting state. If
the division provides assistance to another state in such a case, neither
this state nor the requesting state shall consider the case to be
transferred to its caseload; however, the division shall maintain records
of the number of such interstate requests for assistance, the number of
cases for which support was collected and the amounts of such
collections. The division is authorized to transmit to another state, by
electronic or other means, a request for assistance in a case involving
the enforcement of a support order. Such request shall:

(1) Include information to enable the receiving state to compare the
information about the case to the information in state databases; and

(2) Constitute a certification by the division of the arrearage amount
under the order and that the division has complied with all applicable
procedural due process requirements as provided for in this chapter. (L.
1997 S.B. 361, A.L. 1998 S.B. 910)

When prescribed by the federal government, the division shall
use the forms promulgated pursuant to 42 U.S.C. section 652(a)(11) for
income withholding, imposition of liens and issuance of administrative
subpoenas in interstate child support cases. Such forms, when received
from the child support agency of another state, shall be enforceable as
if issued by the division and shall be recognized as valid by any court,
state agency, or officer or employee of the state or political
subdivision of the state. (L. 1997 S.B. 361)

Effective 7-1-97

1. There is established within the department of social services
the "Division of Child Support Enforcement" to administer the state plan
for child support enforcement. The duty pursuant to the state plan to
litigate or prosecute support actions shall be performed by the
appropriate prosecuting attorney, or other attorney pursuant to a
cooperative agreement with the department. The department shall fully
utilize existing IV-A staff of the division of family services to perform
child support enforcement duties approved by the United States Department
of Health and Human Services and consistent with federal requirements as
specified in P.L. 93-647 and 45 CFR, section 303.20.

2. In addition to the powers, duties and functions vested in the division
of child support enforcement by other provisions of this chapter or by
other laws of this state, the division of child support enforcement shall
have the power:

(1) To sue and be sued;

(2) To make contracts and carry out the duties imposed upon it by this or
any other law;

(3) To administer, disburse, dispose of and account for funds,
commodities, equipment, supplies or services, and any kind of property
given, granted, loaned, advanced to or appropriated by the state of
Missouri for any of the purposes herein;

(4) To administer oaths, issue subpoenas for witnesses, examine such
witnesses under oath, and make and keep a record of the same;

(5) To adopt, amend and repeal rules and regulations necessary or
desirable to carry out the provisions of this chapter and which are not
inconsistent with the constitution or laws of this state;

(6) To cooperate with the United States government in matters of mutual
concern pertaining to any duties wherein the division of child support
enforcement is acting as a state agency, including the adoption of such
methods of administration as are found by the United States government to
be necessary for the efficient operation of the state plan hereunder;

(7) To make such reports in such form and containing such information as
the United States government may, from time to time, require, and comply
with such provisions as the United States government may, from time to
time, find necessary to assure the correctness and verification of such
reports;

(8) To appoint, when and if it may deem necessary, advisory committees to
provide professional or technical consultation in respect to child
support enforcement problems and program administration. The members of
such advisory committees shall receive no compensation for their services
other than expenses actually incurred in the performance of their
official duties. The number of members of each such advisory committee
shall be determined by the division of child support enforcement, and
such advisory committees shall consult with the division of child support
enforcement in respect to problems and policies incident to the
administration of the particular function germane to their respective
field of competence;

(9) To initiate or cooperate with other agencies in developing measures
for the enforcement of support obligations;

(10) To collect statistics, make special fact-finding studies and publish
reports in reference to child support enforcement;

(11) To establish or cooperate in research or demonstration projects
relative to child support enforcement and the welfare program which will
help improve the administration and effectiveness of programs carried on
or assisted pursuant to the federal Social Security Act and the programs
related thereto;

(12) To accept gifts and grants of any property, real or personal, and to
sell such property and expend such gifts or grants not inconsistent with
the administration of the state plan for child support enforcement and
within the limitations of the donor thereof;

(13) To review every three years or such shorter cycle as the division
may establish, upon the request of the obligee, the obligor or if there
is an assignment under Part A of the federal Social Security Act, upon
the request of the division, obligee or obligor taking into account the
best interest of the child, the adequacy of child support orders in IV-D
cases to determine whether modification is appropriate pursuant to the
guidelines established by supreme court rule 88.01, to establish rules
pursuant to chapter 536, RSMo, to define the procedure and frequency of
such reviews, and to initiate proceedings for modification where such
reviews determine that a modification is appropriate. This subdivision
shall not be construed to require the division or its designees to
represent the interests of an absent parent against the interests of a
custodial parent or the state;

(14) To provide services relating to the establishment of paternity and
the establishment, modification and enforcement of child support
obligations. The division shall provide such services:

(a) Unless, as provided in this chapter, good cause or other exception
exists, to each child for whom:

a. Assistance is provided under the state program funded under Part IV-A
of the Social Security Act;

b. Benefits or services for foster care maintenance are provided under
the state program funded under Part IV-E of the Social Security Act; or

c. Medical assistance is provided under the state plan approved under
Title XIX of the Social Security Act; and

(b) To any other child, if an individual applies for such services with
respect to such child;

(15) To enforce support obligations established with respect to:

(a) A child for whom the state provides services under the state plan for
child support; or

(b) The custodial parent of a child;

(16) To enforce support orders against the parents of the noncustodial
parent, jointly and severally, in cases where such parents have a minor
child who is the parent and the custodial parent is receiving assistance
under the state program funded under Part A of Title IV of the Social
Security Act; and

(17) To prevent a child support debtor from fraudulently transferring
property to avoid payment of child support. If the division has knowledge
of such transfer, the division shall:

(a) Seek to void such transfer; or

(b) Obtain a settlement in the best interest of the child support
creditor.

3. No rule or portion of a rule promulgated pursuant to the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1982 S.B. 468 §
1, A.L. 1985 H.B. 814, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 S.B. 361)

Effective 7-1-97

1. In all actions relating to the establishment of paternity, or
to the establishment, modification or enforcement of a support order
instituted pursuant to this chapter or upon request of a IV-D agency of
another state, the director of the division shall have the power to
administer oaths, issue subpoenas, compel witnesses and to require the
production of books, accounts, documents and evidence.

2. If a person refuses to comply with a subpoena issued pursuant to
subsection 1 of this section, the director may request the circuit court
to issue an order requiring the person to appear before the director or
the director's designee to produce such subpoenaed documentary evidence
or give testimony. The court may issue an order which justice requires to
protect such a person from undue annoyance, embarrassment, expense or
oppression. If such person fails to comply with such an order, the court
may find such person to be in contempt of court. (L. 1997 S.B. 361)

Effective 7-1-97

The provisions of law, rule or regulation notwithstanding, any
equipment purchased by a county of this state for child support
enforcement purposes shall be the property of the county and not the
state. (L. 1986 H.B. 1479 § 4)

Notwithstanding any other provision of law to the contrary,
applicants for a professional, occupational or recreational license not
coming under the purview of the division of professional registration
shall be required by the appropriate licensing authority to provide the
applicant's Social Security number on any application for a license,
permit or certificate, or any renewal of a license, permit or
certificate. The division of child support enforcement is authorized to
coordinate with and assist with such licensing authorities to develop
procedures to implement this requirement. (L. 1997 S.B. 361)

Effective 7-1-97

1. Each county shall cooperate with the division of child
support enforcement in the enforcement of support obligations under the
state plan by appropriating a sufficient sum of money for the offices of
the prosecuting attorney or, by entering into a multiple county agreement
to share the costs of enforcement of support obligations and
appropriating sufficient funds for such enforcement, and by appropriating
to the circuit clerk a sufficient sum to enable those offices to perform
any duty imposed under this law or any other law with respect to the
enforcement of support obligations or to the transmittal of support
moneys to the division of child support enforcement for deposit in the
state treasury to the credit of the child support enforcement fund.

2. The director of the division of child support enforcement shall enter
into cooperative agreements with city or county governing bodies or
officers, including, but not necessarily limited to, circuit courts,
circuit clerks and prosecuting attorneys who choose to enter into a
cooperative agreement, except that the director of the division of child
support enforcement may, not less than sixty days prior to the expiration
date of an existing cooperative agreement, notify a city or county
governing body or officer that the division will not enter into a
cooperative agreement because the city or county governing body or
officer failed to comply with the terms of the existing cooperative
agreement, or with rules established by the division pursuant to
subsection 4 of this section. The notice shall be in writing and shall
set forth the reason for not entering into a new cooperative agreement.
The notice shall be sent by certified mail, return receipt requested, to
all city or county signatories of the existing cooperative agreement.
Within thirty days of receipt of the notice, the city or county governing
body or officer may submit to the director of the division of child
support enforcement objections to the findings of the director, or a
proposed plan to bring the city, county or officer into compliance. The
director shall respond to the objections or the proposed plan prior to
the expiration date of the existing cooperative agreement.

3. The cooperative agreements to be executed shall provide, as a minimum,
for the following:

(1) For the governing body of the city or county to hire such additional
stenographic, secretarial and administrative assistants as may be
required to administer the child support enforcement program within that
jurisdiction or, if the city or county is a participant in a multiple
county agreement, to participate in the cost of the additional staff;

(2) For the city or county, upon recommendation of the prosecuting
attorney, to hire such additional assistant prosecuting attorneys as may
be required to administer the child support enforcement program within
that jurisdiction or, if the city or county is a participant in a
multiple county agreement, to participate in the cost of attorneys
retained for that purpose;

(3) For the city or county to furnish office space and other
administrative requirements for the proper administration of the child
support enforcement program within that jurisdiction or, if the city or
county is a participant in a multiple county agreement, to participate in
the cost of the office space and other administrative requirements;

(4) For the reimbursement by the state from moneys received from the
federal government of reasonable and necessary costs, as determined by
the director of the division of child support enforcement, associated
with enforcement of support obligations by the county or city or, if
applicable, the multiple county unit, at the applicable rate, to be paid
at least monthly if properly authenticated vouchers are submitted by the
city or county. Payments shall be made no later than thirty days from the
date of submission of the vouchers;

(5) For the city or county or, if applicable, the multiple county unit,
to maintain financial and performance records required by federal
regulation to be available for inspection by representatives of the
department of social services, the state auditor, or the United States
Department of Health and Human Services; and

(6) For the payment of incentive payments by the state from moneys
received from the federal government as provided by the Social Security
Act and federal and state regulations promulgated thereunder. The
division of child support enforcement shall calculate and promptly pay to
the city or county a basic incentive payment not less than the minimum
incentive payment rate established by 45 CFR 303.52; provided, however,
that the total amount paid as incentives for non-AFDC collections shall
not exceed the total amount paid as incentives for AFDC collections,
unless otherwise agreed upon in the cooperative agreement between the
state and county or city. Incentive payments by the state to the counties
shall not occur for any period during which the state does not receive
incentive payments from the federal government.

4. The division of child support enforcement shall have the authority to
promulgate rules pursuant to this section, section 454.400 and chapter
536, RSMo, in order to establish criteria for record keeping and
performance relating to the effective administration of the child support
enforcement program, which shall apply to a city or county office or
officer, or multiple county unit, with whom a cooperative agreement is
entered. The division may cancel a cooperative agreement with a city or
county office if the office fails to comply with the rules established
under this subsection, or fails to comply with the terms of the
cooperative agreement. The division director shall notify the city or
county governing body or officer in writing, setting forth the reason for
the cancellation. Notice of cancellation shall be sent by certified mail,
return receipt requested, to all city or county signatories of the
cooperative agreement, and shall be mailed at least sixty days prior to
the effective date of cancellation. Within thirty days of receipt of the
notice, the city or county governing body or officer may submit to the
director of the division of child support enforcement objections to the
findings of the director, or a proposed plan to bring the city, county or
officer into compliance with the cooperative agreement or rules
established under this subsection. The director shall respond to the
objections or proposed plan prior to the effective date of cancellation.

5. At any time after the director determines not to enter into a
cooperative agreement under subsection 2 of this section or cancels a
cooperative agreement under subsection 4 of this section, the city or
county governing body or officer may request that a new cooperative
agreement be negotiated. At the time of the request, the city or county
governing body or officer shall submit a proposed plan for compliance
with a cooperative agreement or with rules established under this
section. After the request and submission of the proposed plan, the
director may enter into a cooperative agreement with the city or county
governing body or officer. The cooperative agreement shall contain the
provisions set out in subsection 3 of this section.

6. The limitations set out in chapter 56, RSMo, regarding the salaries
and the number of assistant prosecuting attorneys and the stenographic or
administrative personnel shall not apply, and the county or city
governing body shall appropriate sufficient funds to compensate such
additional staff or multiple county unit for implementing the provisions
of the child support enforcement program.

7. With the approval of the city or county governing body and the
director of the division of child support enforcement, and for the
purpose of investigating the child support cases, the prosecuting
attorney, circuit attorney or multiple county unit may employ sufficient
investigators to properly administer the provisions of the child support
enforcement program. (L. 1982 S.B. 468 § 2, A.L. 1984 H.B. 1275, A.L.
1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993 S.B. 52)

The division of child support enforcement:

(1) Shall determine whether a person who has applied for or is receiving
assistance from a program funded pursuant to Part A or Part E of Title IV
of the Social Security Act, Title XIX of the Social Security Act or the
Food Stamp Act is cooperating in good faith with the division in
establishing the paternity of, or in establishing, modifying or enforcing
a support order for any child of such person by providing the division
with the name of the noncustodial parent or any other information the
division may require. The division may, by regulation, excuse compliance
with the provisions of this subsection on a case-by-case basis for good
cause or other exceptions as the division may deem to be in the best
interest of the child;

(2) Shall require as a condition of cooperation that such person supply
additional information deemed necessary by the division and appear at any
interviews, hearings or legal proceedings;

(3) Shall require as a condition of cooperation that such person and such
person's child submit to genetic testing pursuant to a judicial or
administrative order;

(4) May request that such person sign a voluntary acknowledgment of
paternity, after notice of the rights and consequences of such an
acknowledgment, but may not require such person to sign an acknowledgment
or otherwise relinquish the right to a genetic test as a condition of
cooperation and eligibility for assistance from a state program funded
pursuant to Part A or Part E of Title IV of the Social Security Act,
Title XIX of the Social Security Act or the Food Stamp Act; and

(5) Shall promptly notify such person, the division of family services or
the division of medical services of every determination made pursuant to
this section, including a determination that such person is not
cooperative and the basis for such determination. (L. 1997 S.B. 361, A.L.
1998 S.B. 910)

Support rights assigned to the state shall constitute an
obligation owed to the state by the person responsible for providing such
support and the obligation shall be collectible pursuant to all legal
processes. (L. 1982 S.B. 468 § 3, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361)

Effective 7-1-97

CROSS REFERENCE: Lottery winnings subject to delinquent child support
payments, RSMo 313.321

1. The division shall establish a "State Case Registry" which
shall contain records of:

(1) Each case in which services are provided by the division pursuant to
this chapter; and

(2) Each support order established or modified in the state on or after
October 1, 1998.

2. The records in the state case registry shall use standardized data
elements for both parents, including, but not limited to, the names,
Social Security numbers, other uniform identification numbers, dates of
birth, case identification numbers and any other information as required
by federal statutes and regulations.

3. The clerk of the circuit court shall be responsible for providing the
division with data elements for each support order established or
modified by the circuit court on or after October 1, 1998. The data shall
be provided in a format established by the division and may be furnished
electronically.

4. Information in the state case registry shall be furnished to the
Federal Case Registry of Child Support Orders established as provided for
by 42 U.S.C. section 654A, and other federal and state agencies pursuant
to federal statutes and regulations. (L. 1997 S.B. 361)

Effective 7-1-97

1. Each party to a paternity or child support proceeding
establishing, modifying or enforcing a support order pursuant to chapter
210, RSMo, chapter 211, RSMo, chapter 452, RSMo, or this chapter, shall
file with the state case registry upon entry of an order, information on
the location and identity of such party including the party's Social
Security number, residential address, mailing address, telephone number,
driver's license number and the name, address and telephone number of the
party's employer. If such information changes, such party shall provide
the new information to the state case registry within thirty days of any
such change.

2. In any subsequent child support enforcement action between the
parties, the court or division shall deem that the due process
requirements for notice and service of process are met with respect to
such party upon a sufficient showing that diligent effort has been made
to ascertain the location of a party including written notice by
certified mail to the last known address of the party and attempted
service by publication, and written notice has been delivered to the most
recent residential or employer address of such party filed with the state
case registry. (L. 1997 S.B. 361, A.L. 1998 S.B. 910)

1. For the purposes of this section, the term "IV-A agency"
shall mean:

(1) An agency that has been designated by a state to administer programs
pursuant to Title IV-A of the Social Security Act;

(2) An agency that has been designated by a state to administer programs
pursuant to Title IV-D of the Social Security Act; or

(3) Any other entity entitled to receive and disburse child support
payments in that state.

2. When a court has ordered support payments to a person who has made an
assignment of support rights to the division of family services or the
IV-A agency of another state on behalf of this or such other state, the
division of child support enforcement shall notify the court.

(1) Until October 1, 1999, upon such notice, the court shall order all
support payments to be made to the clerk of the court as trustee for the
division of family services or the other state's IV-A agency, whichever
is appropriate, as assignee of the support rights. The clerk shall
forward all support payments to the department of social services, which
payments have been identified by the department for deposit in the
appropriate fund within the state treasury when assignments have been
made to the division of family services. The clerk shall forward support
payments to the other state's IV-D agency when assignments have been made
to that state's IV-A agency. Notification to the court by the division of
child support enforcement of the assignment of support rights shall, in
and of itself, authorize the court to make the clerk trustee,
notwithstanding any provision of any existing court order, statute, or
other law to the contrary, and the court need not hold a hearing on the
matter. The amount of the obligation owed to this state or the other
state's IV-A agency shall be the amount specified in a court order which
covers the assigned rights. The clerk shall keep an accurate record of
such orders and such payments and shall note such assignment in the case
file in such a manner as to make the fact of the assignment easily
discernible.

(2) Effective October 1, 1999, support payments are to be made to the
payment center pursuant to section 454.530 as trustee for the division of
family services or other state's IV-A agency, whichever is appropriate,
as assignee of the support rights. The payment center shall forward all
support payments to the state, which payments have been identified by the
division of child support enforcement for deposit in the appropriate fund
within the state treasury when assignments have been made to the division
of family services. The payment center shall forward support payments to
the other state's IV-D agency when assignments have been made to that
state's IV-A agency. Notification to the court by the division of child
support enforcement of the assignment of support rights shall, in and of
itself, make the payment center trustee, notwithstanding any provision of
any existing court order or state law to the contrary, and the court
shall not be required to hold a hearing on the matter. The amount of the
obligation owed to this state or the other state's IV-A agency shall be
the amount specified in a court order which covers the assigned rights.
The payment center shall keep an accurate record of such orders and
payments.

3. (1) Upon termination of the assignment for any case in which payments
are not to be made to the payment center pursuant to section 454.530, the
clerk of the court shall continue as trustee for the division of family
services or the other state's IV-A agency for any accrued unpaid support
at the time of the termination and as trustee for the obligee for any
support becoming due after the termination. If there has been an
assignment to the division of family services and there is no current
assignment to another state's IV-A agency, the clerk of the court shall
forward to the obligee all payments for support accruing subsequent to
the termination and shall forward to the department of social services
all payments for support which had accrued and were unpaid at the time of
the termination. If there has been an assignment to another state's IV-A
agency and there is no current assignment to the division of family
services, the clerk of the court shall continue to forward to that
state's IV-D agency all payments for support accruing subsequent to the
termination of the assignment as well as all payments for support which
had accrued and were unpaid at the time of the termination. When there
has been an assignment to the division of family services, the clerk of
the court shall apply payments first to support which has accrued
subsequent to the termination, to the extent thereof, and then to support
which accrued prior to termination, except such payments collected by the
division of child support enforcement through debt setoff or legal
process shall be forwarded to the department of social services, unless
the department of social services directs otherwise. After termination of
the assignment, the trusteeship may be dissolved upon motion of a party
after notice and hearing on behalf of all parties to the proceeding or
pursuant to subsections 3 to 7 of section 454.430. Prior to termination
of the assignment, no motion may be filed, nor maintained, for the
purpose of terminating or abating any trusteeship in favor of the
division of family services or another state's IV-A agency.

(2) Effective October 1, 1999, upon termination of the assignment for any
case in which payments are to be made to the payment center pursuant to
section 454.530, the payment center shall continue as trustee for the
division of family services or the other state's IV-A agency for any
accrued unpaid support at the time of the termination and as trustee for
the obligee for any support coming due after the termination. If there
has been an assignment to the division of family services and there is no
current assignment to another state's IV-A agency, the payment center
shall forward to the obligee all payments for support which accrue after
the termination and shall forward to the division of child support
enforcement all payments for support which had accrued and were unpaid at
the time of termination. If there has been an assignment to another
state's IV-A agency and there is no current assignment to the division of
family services, the payment center shall continue to forward to that
state's IV-D agency all payments for support which accrue after the
termination of the assignment as well as all payments for support which
had accrued and were unpaid at the time of termination. If there has been
an assignment to the division of family services, the payment center
shall apply payments first to support which accrues after the
termination, to the extent thereof, and then to support which accrued
prior to termination; except that such payments collected by the division
of child support enforcement through debt setoff or legal process shall
be forwarded to the division of child support enforcement, unless the
division directs otherwise. After termination of the assignment, the
trusteeship may be dissolved upon motion of a party after notice and
hearing on behalf of all parties to the proceeding or pursuant to
subsections 3 to 7 of section 454.430. Prior to termination of the
assignment, no motion shall be filed or maintained for the purpose of
terminating or abating any trusteeship in favor of the division of family
services or another state's IV-A agency.

4. For purposes of this section, "assignment" includes an assignment to
the state by a person who has applied or is receiving assistance under a
program funded pursuant to Part A of Title IV or Title XIX of the Social
Security Act. (L. 1982 S.B. 468 § 4, A.L. 1984 H.B. 1275, A.L. 1986 H.B.
1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291)

Effective 7-1-99

Any legal action necessary to establish or enforce support
obligations owed to the state shall be brought by prosecuting attorneys,
or other attorneys under cooperative agreement with the division of child
support enforcement, upon being furnished notice by the division of such
obligation. If the amount of the support obligation owed to the state has
not been determined because no court order exists, the division of child
support enforcement may refer the case to the appropriate prosecuting
attorney, or other attorney under cooperative agreement with the
division, for establishment and enforcement of a support order or order
for reimbursement. When a recipient is no longer eligible for aid to
families with dependent children benefits, the assignment shall
terminate, unless the recipient and the division of child support
enforcement agree otherwise, except for those unpaid support obligations
still owing to the state under the assignment at the time of the
discontinuance of aid. Upon referral from the division of child support
enforcement, such unpaid obligations shall be collected by the
prosecuting attorney, or other attorney under cooperative agreement with
the division, up to the amount of unreimbursed aid paid by the division
of family services prior to or after execution of the assignment of
support rights. Moneys collected pursuant to this section shall be paid
to the department of social services for deposit in the child support
enforcement fund in the state treasury. (L. 1982 S.B. 468 § 5, A.L. 1986
H.B. 1479)

The division of child support enforcement shall render child
support services authorized pursuant to this chapter to persons who are
not recipients of public assistance as well as to such recipients.
Services may be provided to children, custodial parents, noncustodial
parents and other persons entitled to receive support. An application may
be required by the division for services and fees may be charged by the
division pursuant to 42 U.S.C. section 654 and federal regulations.
Services provided under a state plan shall be made available to residents
of other states on the same terms as residents of this state. If a family
receiving services ceases to receive assistance under a state program
funded under Part A of Title IV of the Social Security Act, the division
shall provide appropriate notice to such family, and services shall
continue under the same terms and conditions as that provided to other
individuals under the state plan, except that an application for
continued services shall not be required and the requirement for payment
of fees shall not apply to the family. (L. 1982 S.B. 468 § 6, A.L. 1986
H.B. 1479, A.L. 1997 S.B. 361)

Effective 7-1-97

1. For the purposes of this section, the term "IV-D agency"
means an agency that has been designated by a state to administer
programs pursuant to Title IV-D of the Social Security Act or any other
entity entitled to receive and disburse child support payments in that
state.

2. When a court has ordered support payments to a person who is receiving
child support services pursuant to section 454.425, or pursuant to
application for IV-D agency services in another state, the division of
child support enforcement shall so notify the court. Until October 1,
1999, upon such notice the court shall order all support payments to be
made to the clerk of the court as trustee for such person. The
notification to the court by the division shall, in and of itself,
authorize the court to make the clerk trustee, notwithstanding any
provision of any existing court order, statute, or other law to the
contrary, and the court need not hold a hearing on the matter. The clerk
shall keep an accurate record of such orders and such payments, and shall
report all such collections to the division in the manner specified by
the division. The circuit clerk shall forward all such payments to the
person receiving child support services pursuant to section 454.425, or
to the IV-D agency in the state in which the person is currently
receiving IV-D services, as appropriate. Effective October 1, 1999, upon
notice by the division, all support payments shall be made to the payment
center pursuant to section 454.530 as trustee for such person. The
notification by the division shall, in and of itself, authorize the
payment center pursuant to section 454.530 to be trustee, notwithstanding
any provision of any existing court order or state law to the contrary,
and the court shall not be required to hold a hearing on the matter. The
payment center shall keep an accurate record of such orders and payments,
and shall report all such collections to the division in a manner
specified by the division. The payment center shall forward all such
payments to the person receiving child support services pursuant to
section 454.425 or to the IV-D agency in the state in which the person is
currently receiving IV-D services, as appropriate.

3. The division is authorized to terminate trusteeship responsibilities
for future support in IV-D cases pursuant to the procedures set forth in
this section. If the division determines that the order no longer
provides a continuing obligation for support or the custodial party is no
longer receiving child support enforcement services, the division shall
send a notice of its intent to terminate the trusteeship by regular mail
to the custodial and noncustodial parties. The notice shall advise each
party that unless written objection is received by the division within
fifteen days of the date the notice is sent, the trusteeship for current
support shall be terminated. Unless a party objects to the termination of
the trusteeship in writing within the specified period, the division
shall terminate the trusteeship for current support.

4. If an objection is filed by either party to the case, the trusteeship
may be terminated for future support only upon the filing of a motion
with the court in which the trusteeship is established and after notice
to all parties and hearing on the motion.

5. If the requirements of subsection 3 of this section have been met, the
trusteeship responsibilities for future support shall terminate. The
trusteeship shall remain in effect only to the extent that payments are
made to satisfy any accrued unpaid support that was due as of the date
of* the notice. The notice shall, in and of itself, terminate the
trusteeship responsibilities for future support, and the court need not
hold a hearing on the matter.

6. Any party whose trusteeship is terminated pursuant to this section may
reopen a trusteeship pursuant to section 452.345, RSMo.

7. Termination of a trusteeship pursuant to this section shall not, in
and of itself, constitute a judicial determination as to the rights of a
party to receive support or the obligation of a party to pay support
pursuant to a support order entered in the case. (L. 1982 S.B. 468 § 7,
A.L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1999 S.B. 291)

Effective 7-1-99

*Word "of" does not appear in original rolls.

1. The circuit clerk in a case that is not a IV-D case or the
division in a IV-D case shall record credits on the automated child
support system records established pursuant to this chapter or chapter
452, RSMo, for amounts not received by the clerk or the division.

2. Credits allowed pursuant to this section shall include, but not be
limited to, in-kind payments as provided in this section, amounts
collected from an obligor from federal and state income tax refunds,
state lottery payments, Social Security payments, unemployment and
workers' compensation benefits, income withholdings authorized by law,
liens, garnishment actions, abatements pursuant to section 452.340, RSMo,
and any other amounts required to be credited by statute or case law.

3. Credits shall be recorded on the trusteeship record for payments
received by the division of child support enforcement and, at the
discretion of the division of child support enforcement, and upon receipt
of waivers requested pursuant to subsection 4 of this section, credits
may be given on state debt judgments obtained pursuant to subsection 1 of
section 454.465 for completion of such activities as job training and
education, if mutually agreed upon by the division and the obligor. The
circuit clerk shall make such credits upon receipt of paper or electronic
notification of the amount of the credit from the division. The division
may record the credit or adjust the records to reflect payments and
disbursements shown on the trusteeship record when the trusteeship record
is contained or maintained in the automated child support system
established in this chapter.

4. The director of the department of social services shall apply to the
United States Secretary of Health and Human Services for all waivers of
requirements pursuant to federal law necessary to implement the
provisions of subsection 3 of this section.

5. Credits shall be entered on the automated child support system for
direct and in-kind payments received by the custodial parent when the
custodial parent files an affidavit stating the particulars of the direct
and in-kind payments to be credited on the court record with the circuit
clerk; however, no such credits shall be entered for periods during which
child support payments are assigned to the state pursuant to law. Such
credits may include, but shall not be limited to, partial and complete
satisfaction of judgment for support arrearages.

6. Nothing contained in this section shall prohibit satisfaction of
judgment as provided for in sections 511.570 to 511.620, RSMo, and by
supreme court rule.

7. Application for the federal earned income tax credit shall, when
applicable, be required as a condition of participating in the
alternative child support credit programs of subsection 3 of this
section. (L. 1993 S.B. 253 § 2, A.L. 1994 H.B. 1547 & 961, A.L. 1998 S.B.
910, A.L. 1999 S.B. 291)

Effective 7-1-99

1. When a tribunal of another state as defined in section
454.850 has ordered support payments to a person who has made an
assignment of child support rights to the division of family services or
who is receiving child support services pursuant to section 454.425, the
division of child support enforcement may notify the court of this state
in the county in which the obligor, obligee or the child resides or
works. Until October 1, 1999, upon such notice the circuit clerk shall
accept all support payments and remit such payments to the person or
entity entitled to receive the payments. Effective October 1, 1999, the
division shall order the payment center to accept all support payments
and remit such payments to the person or entity entitled to receive the
payments.

2. Notwithstanding any provision of law to the contrary, the notification
to the court by the division shall authorize the court to make the clerk
trustee. The clerk shall keep an accurate record of such payments and
shall report all collections to the division in the manner specified by
the division. Effective October 1, 1999, the duties of the clerk as
trustee pursuant to this section shall terminate and all payments shall
be made to the payment center pursuant to section 454.530. (L. 1996 H.B.
992, A.L. 1999 S.B. 291)

Effective 7-1-99

1. Each prosecuting attorney may enter into a cooperative
agreement or may enter into a multiple county agreement to litigate or
prosecute any action necessary to secure support for any person referred
to such office by the division of child support enforcement including,
but not limited to, reciprocal actions under this chapter, actions to
establish, modify and enforce support obligations, actions to enforce
medical support obligations ordered in conjunction with a child support
obligation, actions to obtain reimbursement for the cost of medical care
provided by the state for which an obligor is liable under subsection 9
of section 208.215, RSMo, and actions to establish the paternity of a
child for whom support is sought. In all cases where a prosecuting
attorney seeks the establishment or modification of a support obligation,
the prosecuting attorney shall, in addition to periodic monetary support,
seek and enforce orders from the court directing the obligated parent to
maintain medical insurance on behalf of the child for whom support is
sought, which insurance shall, in the opinion of the court, be sufficient
to provide adequate medical coverage; or to otherwise provide for such
child's necessary medical expenses.

2. In all cases where a prosecuting attorney has entered into a
cooperative agreement to litigate or prosecute an action necessary to
secure child support, and an information is not filed or civil action
commenced within sixty days of the receipt of the referral from the
division, the division may demand return of the referral and the case
filed and the prosecuting attorney shall return the referral and the case
file. The division may then use any other attorney which it employs or
with whom it has a cooperative agreement to establish or enforce the
support obligation.

3. As used in this section, the term "prosecuting attorney" means, with
reference to any city not within a county, the circuit attorney.

4. Prosecuting attorneys are hereby authorized to initiate judicial or
administrative modification proceedings on IV-D cases at the request of
the division. (L. 1982 S.B. 468 § 8, A.L. 1984 S.B. 675, A.L. 1986 H.B.
1479, A.L. 1987 H.B. 484 merged with S.B. 65, et al., A.L. 1988 H.B.
1272, et al., A.L. 1990 S.B. 834)

1. As used in this section, unless the context clearly indicates
otherwise, the following terms mean:

(1) "Business" includes any corporation, partnership, association,
individual, and labor or other organization including, but not limited
to, a public utility or cable company;

(2) "Division", the Missouri division of child support enforcement of the
department of social services;

(3) "Financial entity" includes any bank, trust company, savings and loan
association, credit union, insurance company, or any corporation,
association, partnership, or individual receiving or accepting money or
its equivalent on deposit as a business;

(4) "Government agency", any department, board, bureau or other agency of
this state or any political subdivision of the state;

(5) "Information" includes, but is not necessarily limited to, the
following items:

(a) Full name of the parent;

(b) Social Security number of the parent;

(c) Date of birth of the parent;

(d) Last known mailing and residential address of the parent;

(e) Amount of wages, salaries, earnings or commissions earned by or paid
to the parent;

(f) Number of dependents declared by the parent on state and federal tax
information and reporting forms;

(g) Name of company, policy numbers and dependent coverage for any
medical insurance carried by or on behalf of the parent;

(h) Name of company, policy numbers and cash values, if any, for any life
insurance policies or annuity contracts, carried by or on behalf of, or
owned by, the parent;

(i) Any retirement benefits, pension plans or stock purchase plans
maintained on behalf of, or owned by, the parent and the values thereof,
employee contributions thereto, and the extent to which each benefit or
plan is vested;

(j) Vital statistics, including records of marriage, birth or divorce;

(k) Tax and revenue records, including information on residence address,
employer, income or assets;

(l) Records concerning real or personal property;

(m) Records of occupational, professional or recreational licenses or
permits;

(n) Records concerning the ownership and control of corporations,
partnerships or other businesses;

(o) Employment security records;

(p) Records concerning motor vehicles;

(q) Records of assets or liabilities;

(r) Corrections records;

(s) Names and addresses of employers of parents;

(t) Motor vehicle records; and

(u) Law enforcement records;

(6) "Parent", a biological or adoptive parent, including a presumed or
putative father.

2. For the purpose of locating and determining financial resources of the
parents relating to establishment of paternity or to establish, modify or
enforce support orders, the division or other state IV-D agency may
request and receive information from the federal Parent Locator Service,
from available records in other states, territories and the District of
Columbia, from the records of all government agencies, and from
businesses and financial entities. A request for information from a
public utility or cable television company shall be made by subpoena
authorized pursuant to this chapter. The government agencies, businesses,
and financial entities shall provide information, if known or chronicled
in their business records, notwithstanding any other provision of law
making the information confidential. In addition, the division may use
all sources of information and available records and, pursuant to
agreement with the secretary of the United States Department of Health
and Human Services, or the secretary's designee, request and receive from
the federal Parent Locator Service information pursuant to 42 U.S.C.
Sections 653 and 663, to determine the whereabouts of any parent or child
when such information is to be used to locate the parent or child to
enforce any state or federal law with respect to the unlawful taking or
restraining of a child, or of making or enforcing a child custody or
visitation order.

3. Notwithstanding the provisions of subsection 2 of this section, no
financial entity shall be required to provide the information requested
by the division or other state IV-D agency unless the division or other
state IV-D agency alleges that the parent about whom the information is
sought is an officer, agent, member, employee, depositor, customer or the
insured of the financial institution, or unless the division or other
state IV-D agency has complied with the provisions of section 660.330,
RSMo.

4. Any business or financial entity which has received a request from the
division or other state IV-D agency as provided by subsections 2 and 3 of
this section shall provide the requested information or a statement that
any or all of the requested information is not known or available to the
business or financial entity, within sixty days of receipt of the request
and shall be liable to the state for civil penalties up to one hundred
dollars for each day after such sixty-day period in which it fails to
provide the information so requested. Upon request of the division or
other state IV-D agency, the attorney general shall bring an action in a
circuit court of competent jurisdiction to recover the civil penalty. The
court shall have the authority to determine the amount of the civil
penalty to be assessed.

5. Any business or financial entity, or any officer, agent or employee of
such entity, participating in good faith in providing information
requested pursuant to subsections 2 and 3 of this section shall be immune
from liability, civil or criminal, that might otherwise result from the
release of such information to the division.

6. Upon request of the division or other state IV-D agency, any parent
shall complete a statement under oath, upon such form as the division or
other state IV-D agency may specify, providing information, including,
but not necessarily limited to, the parent's monthly income, the parent's
total income for the previous year, the number and name of the parent's
dependents and the amount of support the parent provides to each, the
nature and extent of the parent's assets, and such other information
pertinent to the support of the dependent as the division or other state
IV-D agency may request. Upon request of the division or other state IV-D
agency, such statements shall be completed annually. Failure to comply
with this subsection is a class A misdemeanor.

7. The disclosure of any information provided to the business or
financial entity by the division or other state IV-D agency, or the
disclosure of any information regarding the identity of any applicant for
or recipient of public assistance, by an officer or employee of any
business or financial entity, or by any person receiving such information
from such employee or officer is prohibited. Any person violating this
subsection is guilty of a class A misdemeanor.

8. Any person who willfully requests, obtains or seeks to obtain
information pursuant to this section under false pretenses, or who
willfully communicates or seeks to communicate such information to any
agency or person except pursuant to this chapter, is guilty of a class A
misdemeanor.

9. For the protection of applicants and recipients of services pursuant
to sections 454.400 to 454.645, all officers and employees of, and
persons and entities under contract to, the state of Missouri are
prohibited, except as otherwise provided in this subsection, from
disclosing any information obtained by them in the discharge of their
official duties relative to the identity of applicants for or recipients
of services or relating to proceedings or actions to establish paternity
or to establish or enforce support, or relating to the contents of any
records, files, papers and communications, except in the administration
of the child support program or the administration of public assistance,
including civil or criminal proceedings or investigations conducted in
connection with the administration of the child support program or the
administration of public assistance. Such officers, employees, persons or
entities are specifically prohibited from disclosing any information
relating to the location of one party to another party:

(1) If a protective order has been entered against the other party; or

(2) If there is reason to believe that such disclosure of information may
result in physical or emotional harm to the other party.

In any judicial proceedings, except such proceedings as are directly
concerned with the administration of these programs, such information
obtained in the discharge of official duties relative to the identity of
applicants for or recipients of child support services or public
assistance, and records, files, papers, communications and their contents
shall be confidential and not admissible in evidence. Nothing in this
subsection shall be construed to prohibit the circuit clerk from
releasing information, not otherwise privileged, from court records for
reasons other than the administration of the child support program, if
such information does not identify any individual as an applicant for or
recipient of services pursuant to sections 454.400 to 454.645. Anyone who
purposely or knowingly violates this subsection is guilty of a class A
misdemeanor. (L. 1982 S.B. 468 § 9, A.L. 1984 H.B. 1275, A.L. 1986 H.B.
1479, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B.
361, A.L. 1998 S.B. 910)

No deposit or other filing fee, court fee, library fee, or fee
for making copies of documents shall be required to be paid by the
division of child support enforcement, or any attorney bringing action
pursuant to a referral by the division of child support enforcement, by
any circuit clerk or other county or state officer for the filing of any
action or document necessary to establish paternity, or to establish,
modify or enforce a child support obligation. (L. 1982 S.B. 468 § 10,
A.L. 1986 H.B. 1479, A.L. 1993 S.B. 253)

1. Whenever a custodian of a child, or other person, receives
support moneys paid to him or her, which moneys are paid in whole or in
part in satisfaction of a support obligation which is owed to the
division of family services pursuant to subsection 2 of section 454.465,
or which has been assigned to the division of family services pursuant to
subsection 2 of section 208.040, RSMo, the moneys shall be remitted to
the department of social services within ten days of receipt by such
custodian or other person. If not so remitted, such custodian or other
person shall be indebted to the department in an amount equal to the
amount of the support money received and not remitted. By not paying over
the moneys to the department, such custodian or other person is deemed,
without the necessity of signing any document, to have made an
irrevocable assignment to the division of family services of any support
delinquency owed which is not already assigned to the division of family
services or to any support delinquency which may accrue in the future in
an amount equal to the amount of the support money retained. The
department may utilize any available administrative or legal process to
collect the assigned delinquency to effect recoupment and satisfaction of
the debt incurred by reason of the failure of such custodian or other
person to remit. The department is also authorized to make a setoff to
effect satisfaction of the debt by deduction from support moneys in its
possession or in the possession of any clerk of the court or other
forwarding agent which would otherwise be payable to such custodian or
other person for the satisfaction of any support delinquency. Nothing in
this section authorizes the department to make a setoff as to current
support paid during the month for which the payment is due and owing.

2. A custodian of a child, or other person, who has made an assignment of
support rights to the division of family services, shall not make any
agreement with any private attorney or other person regarding the
collection of assigned support obligations without approval of the
department of social services. If any private attorney or other person
who in good faith and without knowledge of such assignment collects all
or part of the assigned support obligations, any agreement regarding the
distribution of the proceeds of the assigned support obligations by such
private attorney or other person shall not bind the department; provided,
however, the department shall be liable to such private attorney or other
person for a fee computed in accordance with subsection 3 of this
section. When a private attorney or other person has begun to collect a
support obligation, and thereafter a notice of assignment of support
rights to the division is filed with the court pursuant to section
454.415, notice of such assignment shall be given to that attorney or
other person as provided by supreme court rule 43.01.

3. (1) Where an assignment of support rights has been made to the
division of family services but notice of such assignment was not filed
with the court pursuant to section 454.415, a private attorney who in
good faith and without knowledge of such assignment collects all or part
of such assigned support obligation shall be awarded by the department a
fee of twenty-five percent of the support obligation collected. Such fees
shall be paid out of state funds in lieu of federal funds.

(2) Where an assignment of support rights has been made to the division
of family services and notice of the assignment was not filed with the
court pursuant to section 454.415 until after the private attorney has
begun collection proceedings, a private attorney who collects assigned
support obligations shall be awarded a fee, as the court shall determine,
based upon the time expended, but in no event shall the fee exceed
twenty-five percent of the support obligation collected.

(3) Where no assignment of support rights has been made to the division
of family services until after the private attorney has collected any
part of the support obligation, no recoupment shall be had by the
department of the portion collected, and the fee awarded to the private
attorney or other person shall be the fee negotiated between the client
and the private attorney or other person.

4. A person commits the crime of stealing, as defined by section 570.030,
RSMo, if he takes, obtains, uses, transfers, conceals, or retains
possession of child support payments which have been assigned to the
division of family services with the purpose to deprive the division
thereof, either without the consent of the division or by means of deceit
or coercion. (L. 1982 S.B. 468 § 11, A.L. 1986 H.B. 1479, A.L. 1988 H.B.
1272, et al.)

1. In any case wherein an order for child support has been
entered and the legal custodian and obligee pursuant to the order
relinquishes physical custody of the child to a caretaker relative
without obtaining a modification of legal custody, and the caretaker
relative makes an assignment of support rights to the division of family
services in order to receive aid to families with dependent children
benefits, the relinquishment and the assignment, by operation of law,
shall transfer the child support obligation pursuant to the order to the
division in behalf of the state. The assignment shall terminate when the
caretaker relative no longer has physical custody of the child, except
for those unpaid support obligations still owing to the state pursuant to
the assignment at that time.

2. As used in subsection 1 of this section, the term "caretaker relative"
includes only those persons listed in subdivision (2) of subsection 1 of
section 208.040, RSMo.

3. If an order for child support has been entered, no assignment of
support has been made, and the legal custodian and obligee under the
order relinquishes physical custody of the child to a caretaker relative
without obtaining a modification of legal custody, or the child is placed
by the court in the legal custody of a state agency, the division may,
thirty days after the transfer of custody and upon notice to the obligor
and obligee, direct the obligor or other payor to change the payee to the
caretaker relative or appropriate state agency. Such order shall
terminate when the caretaker relative no longer has physical custody of
the child, or the state agency is relieved of legal custody, except for
the unpaid support obligations still owed to the caretaker relative.

4. If there has been an assignment of support to an agency or division of
the state or a requirement to pay through a state disbursement unit, the
division may, upon notice to the obligor and obligee, direct the obligor
or other payor to change the payee to the appropriate state agency. (L.
1982 S.B. 468 § 12, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1998
S.B. 910)

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 division of child support
enforcement, or the director's designee;

(6) "Division", the division of child support enforcement 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 to whom payments are required to be made
pursuant to the terms of a court order for a child, spouse or former
spouse;

(10) "Obligor", any person required to make payments pursuant to the
terms of a court order for a child, spouse or former spouse;

(11) "Parent", the biological or adoptive father or mother of a dependent
child;

(12) "Public assistance", any cash or benefit pursuant to Part IV-A 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. (L. 1982 S.B. 468 § 13, A.L. 1986 H.B. 1479, A.L.
1988 H.B. 1272, et al., A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 1999
S.B. 291)

Effective 7-1-99

(1990) Federal regulations for calculating amount of child support
arrearages owed to a state as reimbursement of AFDC assistance paid to
custodial parent preempted Missouri statute authorizing director of
Missouri division of child support enforcement to "set or reset" amount
of arrearage in an amount not to exceed amount of public assistance paid.
Jackson v. Rapps, 746 F.Supp. 934 (W.D.Mo.).

1. 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 debt", which is due and owing to the department by the
parent, or parents, absent from the home where the dependent child
resided at the time the public assistance was paid. The amount of the
state debt shall be determined as follows:

(1) Where there exists a court order directed to a parent which covers
that parent's support obligation to a dependent during a period in which
the division of family services provided public assistance to or for the
benefit of that dependent, the state debt of that parent shall be an
amount equal to the obligation ordered by the court, including arrearages
and unpaid medical expenses, up to the full amount of public assistance
paid; or

(2) Where no court order covers a parent's support obligation to a
dependent during a period in which the division of family services
provided public assistance to or for the benefit of that dependent, the
state debt may be set or reset by the director in an amount not to exceed
the amount of public assistance so provided by the division of family
services.

2. No agreement between any obligee and any obligor regarding any duty of
support, or responsibility therefor, or purporting to settle past,
present, or future support obligations either as settlement or prepayment
shall act to reduce or terminate any rights of the division to recover
from that obligor for public assistance provided.

3. The division shall have the right to make a motion to a court or
administrative tribunal for modification of any court order creating a
support obligation which has been assigned to the division of family
services to the same extent as a party to that action.

4. The department, or any division thereof, as designated by the
department director is hereby authorized to promulgate such rules
pursuant to section 454.400 and chapter 536, RSMo, as may be necessary to
carry out the provisions of this chapter and the requirements of the
federal Social Security Act, including, but not necessarily limited to,
the opportunity for a hearing to contest an order of the division
establishing or modifying support rules for narrowing issues and
simplifying the methods of proof at hearings, and establishing procedures
for notice and the manner of service to be employed in all proceedings
and remedies instituted pursuant to sections 454.460 to 454.505.

5. Service pursuant to sections 454.460 to 454.505 may be made on the
parent or other party in the manner prescribed for service of process in
a civil action, by an authorized process server appointed by the
director, or by certified mail, return receipt requested. The director
may appoint any uninterested party, including, but not necessarily
limited to, employees of the division, to serve such process. For the
purposes of this subsection, a parent who refuses receipt of service by
certified mail is deemed to have been served.

6. Creation of or exemption from a state debt pursuant to this section
shall not limit any rights which the department has or may obtain
pursuant to common or statutory law, including, but not limited to, those
obtained pursuant to an assignment of support rights obtained pursuant to
section 208.040, RSMo. (L. 1982 S.B. 468 § 14, A.L. 1984 H.B. 1275, A.L.
1986 H.B. 1479, A.L. 1993 S.B. 52, A.L. 1997 S.B. 361)

Effective 7-1-97

(1991) Where statute authorizes director to set or reset amount of child
support arrearage in amount not to exceed amount of public assistance
paid and policy of director to set amount of arrearage at total amount of
public assistance paid conflicted with federal regulations that
arrearages owed to state be calculated in accordance with set formula.
Federal regulations preempted Missouri statute and policy. Jackson v.
Rapps, 947 F.2d 332 (8th Cir.).

(1991) Where former directors and current director of Missouri Division
of Child Support Enforcement decided not to use federally mandated
formula in setting amount of child support arrearage owed to state by
noncustodial parents, directors were not entitled to absolute immunity
from civil rights claims but since decisions were not adjudicatory in
nature but were purely administrative, there was no recourse available to
challenge directors' underlying policies. Jackson v. Rapps, 947 F.2d 332
(8th Cir.).

1. If a court order has not been previously entered or if a
support order has been entered but is not entitled to recognition
pursuant to sections 454.850 to 454.997, the director may issue a notice
and finding of financial responsibility to a parent who owes a state debt
or who is responsible for the support of a child on whose behalf the
custodian of that child is receiving support enforcement services from
the division pursuant to section 454.425. A copy of the notice and
finding shall be mailed to the last known address of both parents and any
person or agency having custody of the child within fourteen days of the
issuance of such notice and finding. When appropriate to the
circumstances of the individual action, the notice shall state:

(1) The name of the person or agency with custody of the dependent child
and the name of the dependent child for whom support is to be paid;

(2) The monthly future support for which the parent shall be responsible;

(3) The state debt, if any, accrued and accruing, and the monthly payment
to be made on the state debt which has accrued;

(4) A statement of the costs of collection, including attorney's fees,
which may be assessed against the parent;

(5) That the parent shall be responsible for providing medical insurance
for the dependent child;

(6) That if a parent desires to discuss the amount of support that should
be paid, the parent or person having custody of the child may, within
twenty days after being served, contact the division office which sent
the notice and request a negotiation conference. The other parent or
person having custody of the child shall be notified of the negotiated
conference and may participate in the conference. If no agreement is
reached on the monthly amount to be paid, the director may issue a new
notice and finding of financial responsibility, which may be sent to the
parent required to pay support by regular mail addressed to the parent's
last known address or, if applicable, the parent's attorney's last known
address. A copy of the new notice and finding shall be sent by regular
mail to the other parent or person having custody of the child;

(7) That if a parent or person having custody of the child objects to all
or any part of the notice and finding of financial responsibility and no
negotiation conference is requested, within twenty days of the date of
service the parent or person having custody of the child shall send to
the division office which issued the notice a written response which sets
forth any objections and requests a hearing; and, that if the director
issues a new notice and finding of financial responsibility, the parent
or person having custody of the child shall have twenty days from the
date of issuance of the new notice to send a hearing request;

(8) That if such a timely response is received by the appropriate
division office, and if such response raises factual questions requiring
the submission of evidence, the parent or person having custody of the
child shall have the right to a hearing before an impartial hearing
officer who is an attorney licensed to practice law in Missouri and, that
if no timely written response is received, the director may enter an
order in accordance with the notice and finding of financial
responsibility;

(9) That the parent has the right to be represented at the hearing by an
attorney of the parent's own choosing;

(10) That the parent or person having custody of the child has the right
to obtain evidence and examine witnesses as provided for in chapter 536,
RSMo, together with an explanation of the procedure the parent or person
having custody of the child shall follow in order to exercise such rights;

(11) That as soon as the order is entered, the property of the parent
required to pay support shall be subject to collection actions,
including, but not limited to, wage withholding, garnishment, liens, and
execution thereon;

(12) A reference to sections 454.460 to 454.510;

(13) That the parent is responsible for notifying the division of any
change of address or employment;

(14) That if the parent has any questions, the parent should telephone or
visit the appropriate division office or consult an attorney; and

(15) Such other information as the director finds appropriate.

2. The statement of periodic future support required by subdivision (2)
of subsection 1 of this section is to be computed as follows:

(1) If there is sufficient information available to the division
regarding the parent's financial and living situation, the scale and
formula provided for in section 454.480 shall be used; or

(2) If there is insufficient information available to use the scale and
formula, an estimate of ability to pay shall be the basis of the
statement.

3. Any time limits for notices or requests may be extended by the
director, and such extension shall have no effect on the jurisdiction of
the court, administrative body, or other entity having jurisdiction over
the proceedings.

4. If a timely written response setting forth objections and requesting a
hearing is received by the appropriate division office, and if such
response raises a factual question requiring the submission of evidence,
a hearing shall be held in the manner provided by section 454.475. If no
timely written response and request for hearing is received by the
appropriate division office, the director may enter an order in
accordance with the notice, and shall specify:

(1) The amount of periodic support to be paid, with directions on the
manner of payment;

(2) The amount of state debt, if any, accrued in favor of the department;

(3) The monthly payment to be made on state debt, if any;

(4) The amount of costs of collection, including attorney's fees,
assessed against the parent;

(5) The name of the person or agency with custody of the dependent child
and the name and birth date of the dependent child for whom support is to
be paid;

(6) That the property of the parent is subject to collection actions,
including, but not limited to, wage withholding, garnishment, liens, and
execution thereon; and

(7) If appropriate, that the parent shall provide medical insurance for
the dependent child, or shall pay the reasonable and necessary medical
expenses of the dependent child.

5. The parent or person having custody of the child shall be sent a copy
of the order by registered or certified mail, return receipt requested,
addressed to the parent's last known address or, if applicable, the
parent's attorney's last known address. The order is final, and action by
the director to enforce and collect upon the order, including arrearages,
may be taken from the date of issuance of the order. A copy of the order
shall also be sent by regular mail to the person having custody of a
child for whom an order is issued pursuant to this section.

6. Copies of the orders issued pursuant to this section shall be mailed
within fourteen days of the issuance of the order.

7. Any parent or person having custody of the child who is aggrieved as a
result of any allegation or issue of fact contained in the notice and
finding of financial responsibility shall be afforded an opportunity for
a hearing, upon the request in writing filed with the director not more
than twenty days after service of the notice and finding is made upon
such parent or person having custody of the child, and if in requesting
such hearing, the aggrieved parent or person having custody of the child
raises a factual issue requiring the submission of evidence. (L. 1982
S.B. 468 § 15. A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1997 S.B.
361)

Effective 7-1-97

No garnishment, withholding, or other financial legal proceeding
under chapter 454 to enforce a support order as defined in section
454.460 shall be levied or maintained by the division of child support
enforcement against a party who alleges that no current or unpaid child
support is due if, after review of the allegations and evidence, the
division determines that no current or unpaid child support is due. The
enforcement action may continue pending a review by the division, and the
division may only levy an enforcement action if current or unpaid support
should later become due and owing. The division shall advise a party to a
support obligation being enforced by the division of the amount currently
due under the support order and how that amount was calculated upon
request. (L. 1998 S.B. 910 § 2)

1. Hearings provided for in this section shall be conducted
pursuant to chapter 536, RSMo, by administrative hearing officers
designated by the Missouri department of social services. The hearing*
officer shall provide the parents, the person having custody of the
child, or other appropriate agencies or their attorneys with notice of
any proceeding in which support obligations may be established or
modified. The department shall not be stayed from enforcing and
collecting upon the administrative order during the hearing process and
during any appeal to the courts of this state, unless specifically
enjoined by court order.

2. If no factual issue has been raised by the application for hearing, or
the issues raised have been previously litigated or do not constitute a
defense to the action, the director may enter an order without an
evidentiary hearing, which order shall be a final decision entitled to
judicial review as provided in sections 536.100 to 536.140, RSMo.

3. After full and fair hearing, the hearing officer shall make specific
findings regarding the liability and responsibility, if any, of the
alleged responsible parent for the support of the dependent child, and
for repayment of accrued state debt or arrearages, and the costs of
collection, and shall enter an order consistent therewith. In making the
determination of the amount the parent shall contribute toward the future
support of a dependent child, the hearing officer shall use the scale and
formula for minimum support obligations established by the department
pursuant to section 454.480.

4. If the person who requests the hearing fails to appear at the time and
place set for the hearing, upon a showing of proper notice to that
parent, the hearing officer shall enter findings and order in accordance
with the provisions of the notice and finding of support responsibility
unless the hearing officer determines that no good cause therefor exists.

5. In contested cases, the findings and order of the hearing officer
shall be the decision of the director. Any parent or person having
custody of the child adversely affected by such decision may obtain
judicial review pursuant to sections 536.100 to 536.140, RSMo, by filing
a petition for review in the circuit court of proper venue within thirty
days of mailing of the decision. Copies of the decision or order of the
hearing* officer shall be mailed to any parent, person having custody of
the child and the division within fourteen days of issuance.

6. If a hearing has been requested, and upon request of a parent, a
person having custody of the child, the division or a IV-D agency, the
director shall enter a temporary order requiring the provision of child
support pending the final decision or order pursuant to this section if
there is clear and convincing evidence establishing a presumption of
paternity pursuant to section 210.822, RSMo. In determining the amount of
child support, the director shall consider the factors set forth in
section 452.340, RSMo. The temporary order, effective upon filing
pursuant to section 454.490, is not subject to a hearing pursuant to this
section. The temporary order may be stayed by a court of competent
jurisdiction only after a hearing and a finding by the court that the
order fails to comply with rule 88.01. (L. 1982 S.B. 468 § 18, A.L. 1984
H.B. 1275, A.L. 1997 S.B. 361)

Effective 7-1-97

*Word "hearings" appears in original rolls.

(1991) Where statute authorizes director to set or reset amount of child
support arrearage in amount not to exceed amount of public assistance
paid and policy of director to set amount of arrearage at total amount of
public assistance paid conflicted with federal regulations that
arrearages owed to state be calculated in accordance with set formula.
Federal regulations preempted Missouri statute and policy. Jackson v.
Rapps, 947 F.2d 332 (8th Cir.).

1. If a court order has previously been entered, the director
may enter an administrative order in accordance with the court order,
upon receiving from the obligee, a child support enforcement agency of
another state, or the court:

(1) A certified copy of the court order together with all modifications
thereto;

(2) A sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages under the court
order;

(3) A statement of the name, last known address and, if known, the Social
Security number of the obligor; and

(4) The name and address of the obligor's employer or other payor, if
known.

2. The obligor shall be sent a copy of the administrative order by
certified mail, return receipt requested, addressed to the obligor's last
known address or, if applicable, the obligor's attorney's last known
address. The obligee shall be sent a copy of the administrative order by
regular mail. Copies of the order shall be mailed within fourteen days of
issuance.

3. Upon entry of the order, the director shall issue an order directing
an employer or other payor to withhold and pay over money due or to
become due to the obligated parent as set out in section 454.505.

4. The obligor or obligee, within fourteen days after receiving notice of
the director's order, may request an administrative hearing as provided
in section 454.475 to contest the order or withholding thereunder. At
such hearing, the certified copy of the court order and the sworn or
certified statement of arrearages shall constitute prima facie evidence
that the director's order is valid and enforceable. Once the prima facie
case is established, the obligor may assert only mistake of fact as a
defense. Mistake of fact shall mean an error in the amount of arrearages
or an error as to the identity of the obligor. The obligor shall have the
burden of proof as to these issues. The obligor may not obtain relief
from the withholding by paying the overdue support.

5. If the obligor requests a hearing, the withholding will be implemented
unless the obligor posts a bond or other security satisfactory to the
director to insure payment of support.

6. Every order which contains a provision for the support of a child,
whether entered by a court or an administrative body of this or any other
state, and whether entered prior to or subsequent to enactment of this
section, shall be enforceable by an order to withhold as provided for by
section 454.505 immediately upon compliance with subsection 1 of this
section. (L. 1986 H.B. 1479, A.L. 1997 S.B. 361)

Effective 7-1-97

In cases where an administrative order is entered pursuant to
the provisions of section 454.470 or section 454.476, the director of the
division of child support enforcement may, upon petition of the party
obligated to pay support and upon good cause shown, order the recipient
to furnish the party obligated to pay support with a regular summary of
expenses paid by such parent on behalf of the child. The director shall
prescribe the form and substance of the summary. (L. 1998 S.B. 910)

In order to assist in determining the amount that a parent shall
be ordered to contribute toward the support of a dependent child, the
division shall establish by regulation a scale and formula for
determining minimum support obligations. The scale and formula shall take
into account the following factors:

(1) All earnings and income resources of the parents, including real and
personal property;

(2) The reasonable necessities of the parent;

(3) The needs of the dependent child for whom support is sought;

(4) The amount of public assistance which would be paid to the dependent
child under the full standard of need of the state's public assistance
plan;

(5) The existence of other dependents, except that the dependent child
for whom support is sought shall benefit from the income and resources of
the parent on an equitable basis in comparison with any other dependent
of the parent;

(6) Other reasonable criteria which the division may choose to
incorporate. (L. 1982 S.B. 468 § 16)

(1991) Where statute authorizes director to set or reset amount of child
support arrearage in amount not to exceed amount of public assistance
paid and policy of director to set amount of arrearage at total amount of
public assistance paid conflicted with federal regulations that
arrearages owed to state be calculated in accordance with set formula.
Federal regulations preempted Missouri statute and policy. Jackson v.
Rapps, 947 F.2d 332 (8th Cir.).

1. The director may enter an order establishing paternity of a
child in the course of a support proceeding pursuant to sections 454.460
to 454.510 when the man is presumed to be the child's father pursuant to
section 210.822, RSMo, or when both parents sign sworn statements that
the paternity of the dependent child for whom support is sought has not
been legally established and that the male parent is the father of the
child. For purposes of paternity establishment pursuant to this section,
a sworn statement shall include a statement verified by a person
authorized to take oaths pursuant to section 207.020, RSMo, or section
454.465.

2. The director may enter an order requiring genetic testing in the
course of an action to establish paternity pursuant to sections 454.460
to 454.510 or upon the request of a IV-D agency of another state that is
seeking to establish paternity. The order may require that the child, the
mother or an alleged father submit to tests performed by an expert
designated by the division to be qualified as an examiner of genetic
markers present on blood cells and components, or other tissue or fluid.
Such an examiner shall be qualified to be an expert as defined in section
210.834, RSMo, and shall be considered an expert pursuant to subdivision
(5) of subsection 1 of section 210.822, RSMo. In addition to any other
provisions for enforcement of the order, the order may be filed pursuant
to section 454.490 and refusal to comply with the order shall constitute
civil contempt.

3. The docketing, pursuant to section 454.490, of an order establishing
paternity pursuant to this section shall establish legal paternity for
all purposes. The division shall provide an additional copy of each
administrative order to be docketed and the circuit clerk shall, upon
docketing, forward such copy to the bureau of vital records of the
department of health and senior services. The bureau of vital records
shall enter the name of the father on the birth records pursuant to
sections 193.085 and 193.215, RSMo, and shall record the Social Security
account numbers of both parents, pursuant to section 193.075, RSMo.

4. In no event shall a hearing official conducting a hearing pursuant to
sections 454.460 to 454.510 be authorized to enter a finding of
nonpaternity in the case of a man presumed to be the biological father of
any child pursuant to Missouri law, or of the father of any child born
out of wedlock who has acknowledged paternity in writing under oath or
has acknowledged that he is responsible for the support, maintenance and
education of such child, unless such presumption has been overruled, or
such acknowledgment has been ruled void by a court of competent
jurisdiction.

5. In an action contesting paternity, the director shall require genetic
testing at the request of a party to such action if such request is
supported by a sworn statement of such party which:

(1) Alleges paternity and sets forth facts establishing a reasonable
possibility of sexual contact between the parties; or

(2) Denies paternity and sets forth facts establishing a reasonable
possibility that there was no sexual contact between the parties.

6. The division shall pay the cost of any genetic test ordered pursuant
to this section. If the paternity of the alleged father is established,
such father may be ordered to pay the cost of such tests. If a genetic
test is contested, the director shall not order additional genetic
testing when requested by the person contesting the test unless such
person pays in advance for such tests. (L. 1982 S.B. 468 § 17, A.L. 1984
H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253,
A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361)

Effective 7-1-97

1. A true copy of any order entered by the director pursuant to
sections 454.460 to 454.997, along with a true copy of the return of
service, may be filed with the clerk of the circuit court in the county
in which the judgment of dissolution or paternity has been entered, or if
no such judgment was entered, in the county where either the parent or
the dependent child resides or where the support order was filed. Upon
filing, the clerk shall enter the order in the judgment docket. Upon
docketing, the order shall have all the force, effect, and attributes of
a docketed order or decree of the circuit court, including, but not
limited to, lien effect and enforceability by supplementary proceedings,
contempt of court, execution and garnishment. Any administrative order or
decision of the division of child support enforcement filed in the office
of the circuit clerk of the court shall not be required to be signed by
an attorney, as provided by supreme court rule of civil procedures
55.03(a), or required to have any further pleading other than the
director's order.

2. In addition to any other provision to enforce an order docketed
pursuant to this section or any other support order of the court, the
court may, upon petition by the division, require that an obligor who
owes past due support to pay support in accordance with a plan approved
by the court, or if the obligor is subject to such plan and is not
incapacitated, the court may require the obligor to participate in work
activities.

3. In addition to any other provision to enforce an order docketed
pursuant to this section or any other support order of the court,
division or other IV-D agency, the director may order that an obligor who
owes past due support to pay support in accordance with a plan approved
by the director, or if the obligor is subject to such plan and is not
incapacitated, the director may order the obligor to participate in work
activities. The order of the director shall be filed with a court
pursuant to subsection 1 of this section and shall be enforceable as an
order of the court.

4. As used in this section, "work activities" include:

(1) Unsubsidized employment;

(2) Subsidized private sector employment;

(3) Subsidized public sector employment;

(4) Work experience (including work associated with the refurbishing of
publicly assisted housing) if sufficient private sector employment is not
available;

(5) On-the-job training;

(6) Job search and readiness assistance;

(7) Community services programs;

(8) Vocational educational training, not to exceed twelve months for any
individual;

(9) Job skills training directly related to employment;

(10) Education directly related to employment for an individual who has
not received a high school diploma or its equivalent;

(11) Satisfactory attendance at a secondary school or course of study
leading to a certificate of general equivalence for an individual who has
not completed secondary school or received such a certificate; or

(12) The provision of child care services to an individual who is
participating in a community service program. (L. 1982 S.B. 468 § 19,
A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)

(2002) Section's "force and effect" provision is constitutional as an
enforcement mechanism and does not transform administrative orders into
circuit court judgments. State ex rel. Hilburn v. Staeden, 91 S.W.3d 607
(Mo.banc).

1. Until October 1, 1999, when an administrative order has been
docketed pursuant to section 454.490, the court shall order all support
payments to be made to the circuit clerk as trustee for the division of
family services or other person entitled to receive such payments
pursuant to the order. The filing of such order by the director shall in
and of itself authorize the court to make the circuit clerk the trustee,
notwithstanding any existing court order, statute, or other law to the
contrary, and the court need not hold a hearing on the matter. The
circuit clerk shall:

(1) Forward all such payments to the department or other person entitled
to receive such payments pursuant to the order;

(2) Keep an accurate record of the orders and the payments; and

(3) Report all such collections to the department in the manner specified
by the department.

2. Effective October 1, 1999, and if an administrative order has been
docketed pursuant to section 454.490, the payment center pursuant to
section 454.530 shall be trustee for the division of family services or
other person entitled to receive such payments pursuant to the order. The
order by the director shall, in and of itself, authorize the payment
center to be the trustee, notwithstanding any existing court order or
state law to the contrary, and the court shall not be required to hold a
hearing on the matter. The payment center shall:

(1) Forward all such payments to the department or other person entitled
to receive such payments pursuant to the order;

(2) Keep an accurate record of the orders and payments; and

(3) Report all such collections to the division in the manner specified
by the division.

3. As used in this section, "assignment" includes an assignment to the
state by a person who has applied for or is receiving assistance under a
program funded pursuant to Part A of Title IV or Title XIX of the Social
Security Act. (L. 1982 S.B. 468 § 20, A.L. 1986 H.B. 1479, A.L. 1997 S.B.
361, A.L. 1999 S.B. 291)

Effective 7-1-99

1. At any time after the entry of a court order for child
support in a case in which support rights have been assigned to the state
pursuant to section 208.040, RSMo, or a case in which support enforcement
services are being provided pursuant to section 454.425, the obligated
parent, the obligee or the division of child support enforcement may file
a motion to modify the existing child support order pursuant to this
section, if a review has first been completed by the director of child
support enforcement pursuant to subdivision (13) of subsection 2 of
section 454.400. The motion shall be in writing in a form prescribed by
the director, shall set out the reasons for modification and shall state
the telephone number and address of the moving party. The motion shall be
served in the same manner provided for in subsection 5 of section 454.465
upon the obligated parent, the obligee and the division, as appropriate.
In addition, if the support rights are held by the division of family
services on behalf of the state, the moving party shall mail a true copy
of the motion by certified mail to the person having custody of the
dependent child at the last known address of that person. The party
against whom the motion is made shall have thirty days either to resolve
the matter by stipulated agreement or to serve the moving party and the
director, as appropriate, by regular mail with a written response setting
forth any objections to the motion and a request for hearing. When
requested, the hearing shall be conducted pursuant to section 454.475 by
hearing officers designated by the department of social services. In such
proceedings, the hearing officers shall have the authority granted to the
director pursuant to subsection 6 of section 454.465.

2. When no objections and request for hearing have been served within
thirty days, the director, upon proof of service, shall enter an order
granting the relief sought. Copies of the order shall be mailed to the
parties within fourteen days of issuance.

3. A motion to modify made pursuant to this section shall not stay the
director from enforcing and collecting upon the existing order unless so
ordered by the court in which the order is docketed.

4. The only support payments which may be modified are payments accruing
subsequent to the service of the motion upon all parties to the motion.

5. The party requesting modification shall have the burden of proving
that a modification is appropriate pursuant to the provisions of section
452.370, RSMo.

6. Notwithstanding the provisions of section 454.490 to the contrary, an
administrative order modifying a court order is not effective until the
administrative order is filed with and approved by the court that entered
the court order. The court may approve the administrative order if no
party affected by the decision has filed a petition for judicial review
pursuant to sections 536.100 to 536.140, RSMo. After the thirty-day time
period for filing a petition of judicial review pursuant to chapter 536,
RSMo, has passed, the court shall render its decision within fifteen
days. If a petition for judicial review is filed, the court shall review
all pleadings and the administrative record, as defined in section
536.130, RSMo, pursuant to section 536.140, RSMo. After such review, the
court shall determine if the administrative order complies with section
452.340 and applicable supreme court rules. If it so determines, the
court shall make a written finding on the record that the order complies
with section 452.340 and applicable supreme court rules and approve the
order or, if after review pursuant to section 536.140, RSMo, the court
finds that the administrative order does not comply with supreme court
rule 88.01, the court may select any of the remedies set forth in
subsection 5 of section 536.140, RSMo. The court shall notify the parties
and the division of any setting pursuant to this section.

7. Notwithstanding the venue provisions of chapter 536, RSMo, to the
contrary, for the filing of petitions for judicial review of final agency
decisions and contested cases, the venue for the filing of a petition for
judicial review contesting an administrative order entered pursuant to
this section modifying a judicial order shall be in the court which
entered the judicial order. In such cases in which a petition for
judicial review has been filed, the court shall consider the matters
raised in the petition and determine if the administrative order complies
with section 452.340 and applicable supreme court rules. If the court
finds that the administrative order should not be approved, the court
shall set the matter for trial de novo. The court shall notify the
parties and the division of the setting of such proceeding. If the court
determines that the matters raised in the petition are without merit and
that the administrative order complies with the provisions of section
452.340 and applicable supreme court rules, the court shall approve the
order. (L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B.
508, A.L. 1997 S.B. 361)

Effective 7-1-97

1. Notwithstanding section 452.370, RSMo, and sections 454.496
and 454.500, or any other section requiring a showing of substantial and
continuing change in circumstances to the contrary, and as provided for
in subdivision (13) of subsection 2 of section 454.400 and taking into
account the best interest of the child, the director shall:

(1) Modify, if appropriate, a support order being enforced under Title
IV-D of the Social Security Act in accordance with the guidelines and
criteria set forth in supreme court rule 88.01 if the amount in the
current order differs from the amount that would be awarded in accordance
with such guidelines; or

(2) Use automated methods (including automated comparisons with wage or
state income tax data) to identify orders eligible for review, conduct
the review, identify orders eligible for adjustment and apply the
adjustment to the orders eligible for adjustment under any threshold that
may be established by the state.

2. If the division conducts a review pursuant to subdivision (2) of
subsection 1 of this section, either party to the order may contest the
adjustment within thirty days after the date of the notice of adjustment
by requesting, if appropriate, a review and modification in accordance
with the guidelines and criteria set forth in supreme court rule 88.01.
If the review is timely requested, the division shall review and modify
the order, if appropriate, in accordance with supreme court rule 88.01.
The division may conduct a review pursuant to subdivision (2) of
subsection 1 of this section only if the division is unable to conduct a
review pursuant to subdivision (1) of subsection 1 of this section.

3. The division may review and adjust a support order upon request
outside the three-year cycle only upon a demonstration by the requesting
party of a substantial change in circumstances which shall be determined
by the division. If the division determines that an adjustment shall not
be made, the division shall, within fourteen days, mail notice of such
determination to the parents or other child support agency, if any. (L.
1997 S.B. 361)

Effective 7-1-97

1. At any time after the entry of an order pursuant to sections
454.470 and 454.475, the obligated parent, the division, or the person or
agency having custody of the dependent child may file a motion for
modification with the director. Such motion shall be in writing, shall
set forth the reasons for modification, and shall state the address of
the moving party. The motion shall be served by the moving party in the
manner provided for in subsection 5 of section 454.465 upon the obligated
parent or the party holding the support rights, as appropriate. In
addition, if the support rights are held by the division of family
services on behalf of the state, a true copy of the motion shall be
mailed by the moving party by certified mail to the person having custody
of the dependent child at the last known address of that person. A
hearing on the motion shall then be provided in the same manner, and
determinations shall be based on considerations set out in section
454.475, unless the party served fails to respond within thirty days, in
which case the director may enter an order by default. If the child for
whom the order applies is no longer in the custody of a person receiving
public assistance or receiving support enforcement services from the
department, or a division thereof, pursuant to section 454.425, the
director may certify the matter for hearing to the circuit court in which
the order was filed pursuant to section 454.490 in lieu of holding a
hearing pursuant to section 454.475. If the director certifies the matter
for hearing to the circuit court, service of the motion to modify shall
be had in accordance with the provisions of subsection 5 of section
452.370, RSMo. If the director does not certify the matter for hearing to
the circuit court, service of the motion to modify shall be considered
complete upon personal service, or on the date of mailing, if sent by
certified mail. For the purpose of 42 U.S.C. 666(a)(9)(C), the director
shall be considered the "appropriate agent" to receive the notice of the
motion to modify for the obligee or the obligor, but only in those
instances in which the matter is not certified to circuit court for
hearing, and only when service of the motion is attempted on the obligee
or obligor by certified mail.

2. A motion for modification made pursuant to this section shall not stay
the director from enforcing and collecting upon the existing order
pending the modification proceeding unless so ordered by the court.

3. Only payments accruing subsequent to the service of the motion for
modification upon all named parties to the motion may be modified.
Modification may be granted only upon a showing of a change of
circumstances so substantial and continuing as to make the terms
unreasonable. In a proceeding for modification of any child support
award, the director, in determining whether or not a substantial change
in circumstances has occurred, shall consider all financial resources of
both parties, including the extent to which the reasonable expenses of
either party are, or should be, shared by a spouse or other person with
whom he or she cohabits, and the earning capacity of a party who is not
employed. If the application of the guidelines and criteria set forth in
supreme court rule 88.01 to the financial circumstances of the parties
would result in a change of child support from the existing amount by
twenty percent or more, then a prima facie showing has been made of a
change of circumstances so substantial and continuing as to make the
present terms unreasonable.

4. The circuit court may, upon such terms as may be just, relieve a
parent from an administrative order entered against that parent because
of mistake, inadvertence, surprise, or excusable neglect.

5. No order entered pursuant to section 454.476 shall be modifiable
pursuant to this section, except that an order entered pursuant to
section 454.476 shall be amended by the director to conform with any
modification made by the court that entered the court order upon which
the director based his or her order.

6. When the party seeking modifications has met the burden of proof set
forth in subsection 3 of this section, then the child support shall be
determined in conformity with the criteria set forth in supreme court
rule 88.01.

7. The Social Security number of the parents shall be recorded on any
order entered pursuant to this section. (L. 1982 S.B. 468 § 21, A.L. 1984
H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1990 S.B. 834,
A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361)

Effective 7-1-97

Nothing contained in sections 454.465 to 454.510 shall deprive
courts of competent jurisdiction from determining the support duty of a
parent against whom an order is entered by the director pursuant to the
authority created by sections 454.460 to 454.505. Such a determination by
the court shall supersede the director's order as to support payments due
subsequent to the entry of the order by the court, but shall not affect
any support arrearage which may have accrued under the director's order.
The director's order shall be pleaded and received by the court as
evidence of the extent of the parent's duty of support. (L. 1984 H.B.
1275)

1. In addition to any other remedy provided by law for the
enforcement of support, if a support order has been entered, the director
shall issue an order directing any employer or other payor of the parent
to withhold and pay over to the division, the payment center pursuant to
section 454.530 or the clerk of the circuit court in the county in which
a trusteeship is or will be established, money due or to become due the
obligated parent in an amount not to exceed federal wage garnishment
limitations. For administrative child support orders issued pursuant to
sections other than section 454.476, the director shall not issue an
order to withhold and pay over in any case in which:

(1) One of the parties demonstrates, and the director finds, that there
is good cause not to require immediate income withholding. For purposes
of this subdivision, any finding that there is good cause not to require
immediate withholding shall be based on, at least, a written
determination and an explanation by the director that implementing
immediate wage withholding would not be in the best interests of the
child and proof of timely payments of previously ordered support in cases
involving the modification of support orders; or

(2) A written agreement is reached between the parties that provides for
an alternative payment arrangement.

If the income of an obligor is not withheld as of the effective date of
the support order, pursuant to subdivision (1) or (2) of this subsection,
or otherwise, such obligor's income shall become subject to withholding
pursuant to this section, without further exception, on the date on which
the obligor becomes delinquent in maintenance or child support payments
in an amount equal to one month's total support obligation.

2. An order entered pursuant to this section shall recite the amount
required to be paid as continuing support, the amount to be paid monthly
for arrearages and the Social Security number of the obligor if
available. In addition, the order shall contain a provision that the
obligor shall notify the division of child support enforcement regarding
the availability of medical insurance coverage through an employer or a
group plan, provide the name of the insurance provider when coverage is
available, and inform the division of any change in access to such
insurance coverage. A copy of section 454.460 and this section shall be
appended to the order.

3. An order entered pursuant to this section shall be served on the
employer or other payor either by regular mail or by certified mail,
return receipt requested or may be issued through electronic means, and
shall be binding on the employer or other payor two weeks after mailing
or electronic issuance of such service. A copy of the order and a notice
of property exempt from withholding shall be mailed to the obligor at the
obligor's last known address. The notice shall advise the obligor that
the withholding has commenced and the procedures to contest such
withholding pursuant to section 454.475 on the grounds that such
withholding or the amount withheld is improper due to a mistake of fact
by requesting a hearing thirty days from mailing the notice. At such a
hearing the certified copy of the court order and the sworn or certified
statement of arrearages shall constitute prima facie evidence that the
director's order is valid and enforceable. If a prima facie case is
established, the obligor may only assert mistake of fact as a defense.
For purposes of this section, "mistake of fact" means an error in the
amount of the withholding or an error as to the identity of the obligor.
The obligor shall have the burden of proof on such issues. The obligor
may not obtain relief from the withholding by paying the overdue support.
The employer or other payor shall withhold from the earnings or other
income of each obligor the amount specified in the order, and may deduct
an additional sum not to exceed six dollars per month as reimbursement
for costs, except that the total amount withheld shall not exceed the
limitations contained in the federal Consumer Credit Protection Act, 15
U.S.C. 1673(b). The employer or other payor shall transmit the payments
as directed in the order within seven business days of the date the
earnings, money due or other income was payable to the obligor. For
purposes of this section, "business day" means a day that state offices
are open for regular business. The employer or other payor shall, along
with the amounts transmitted, provide the date the amount was withheld
from each obligor. If the order does not contain the Social Security
number of the obligor, the employer or other payor shall not be liable
for withholding from the incorrect obligor.

4. If the order is served on a payor other than an employer, it shall be
a lien against any money due or to become due the obligated parent which
is in the possession of the payor on the date of service or which may
come into the possession of the payor after service until further order
of the director, except for any deposits held in two or more names in a
financial institution.

5. The division shall notify an employer or other payor upon whom such an
order has been directed whenever all arrearages have been paid in full,
and whenever, for any other reason, the amount required to be withheld
and paid over to the payment center pursuant to the order as to future
pay periods is to be reduced or redirected. If the parent's support
obligation is required to be paid monthly and the parent's pay periods
are at more frequent intervals, the employer or other payor may, at the
request of the obligee or the director, withhold and pay over to the
payment center an equal amount at each pay period cumulatively sufficient
to comply with the withholding order.

6. An order issued pursuant to subsection 1 of this section shall be a
continuing order and shall remain in effect and be binding upon any
employer or other payor upon whom it is directed until a further order of
the director. Such orders shall terminate when all children for whom the
support order applies are emancipated or deceased, or the support
obligation otherwise ends, and all arrearages are paid. No order to
withhold shall be terminated solely because the obligor has fully paid
arrearages.

7. An order issued pursuant to subsection 1 of this section shall have
priority over any other legal process pursuant to state law against the
same wages, except that where the other legal process is an order issued
pursuant to this section or section 452.350, RSMo, the processes shall
run concurrently, up to applicable wage withholding limitations. If
concurrently running wage withholding processes for the collection of
support obligations would cause the amounts withheld from the wages of
the obligor to exceed applicable wage withholding limitations and
includes a wage withholding from another state pursuant to section
454.932, the employer shall first satisfy current support obligations by
dividing the amount available to be withheld among the orders on a pro
rata basis using the percentages derived from the relationship each
current support order amount has to the sum of all current child support
obligations. Thereafter, arrearages shall be satisfied using the same pro
rata distribution procedure used for distributing current support, up to
the applicable limitation. If concurrently running wage withholding
processes for the collection of support obligations would cause the
amounts withheld from the wages of the obligor to exceed applicable wage
withholding limitations and does not include a wage withholding from
another state pursuant to section 454.932, the employer shall withhold
and pay to the payment center an amount equal to the wage withholding
limitations. The payment center shall first satisfy current support
obligations by dividing the amount available to be withheld among the
orders on a pro rata basis using the percentages derived from the
relationship each current support order amount has to the sum of all
current child support obligations. Thereafter, arrearages shall be
satisfied using the same pro rata distribution procedure used for
distributing current support, up to the applicable limitation.

8. No employer or other payor who complies with an order entered pursuant
to this section shall be liable to the parent, or to any other person
claiming rights derived from the parent, for wrongful withholding. An
employer or other payor who fails or refuses to withhold or pay the
amounts as ordered pursuant to this section shall be liable to the party
holding the support rights in an amount equal to the amount which became
due the parent during the relevant period and which, pursuant to the
order, should have been withheld and paid over. The director is hereby
authorized to bring an action in circuit court to determine the liability
of an employer or other payor for failure to withhold or pay the amounts
as ordered. If a court finds that a violation has occurred, the court may
fine the employer in an amount not to exceed five hundred dollars. The
court may also enter a judgment against the employer for the amounts to
be withheld or paid, court costs and reasonable attorney's fees.

9. The remedy provided by this section shall be available where the state
or any of its political subdivisions is the employer or other payor of
the obligated parent in the same manner and to the same extent as where
the employer or other payor is a private party.

10. An employer shall not discharge, or refuse to hire or otherwise
discipline, an employee as a result of an order to withhold and pay over
certain money authorized by this section. If any such employee is
discharged within thirty days of the date upon which an order to withhold
and pay over certain money is to take effect, there shall arise a
rebuttable presumption that such discharge was a result of such order.
This presumption shall be overcome only by clear, cogent and convincing
evidence produced by the employer that the employee was not terminated
because of the order to withhold and pay over certain money. The director
is hereby authorized to bring an action in circuit court to determine
whether the discharge constitutes a violation of this subsection. If the
court finds that a violation has occurred, the court may enter an order
against the employer requiring reinstatement of the employee and may fine
the employer in an amount not to exceed one hundred fifty dollars.
Further, the court may enter judgment against the employer for the back
wages, costs, attorney's fees, and for the amount of child support which
should have been withheld and paid over during the period of time the
employee was wrongfully discharged.

11. If an obligor for whom an order to withhold has been issued pursuant
to subsection 1 of this section terminates the obligor's employment, the
employer shall, within ten days of the termination, notify the division
of the termination, shall provide to the division the last known address
of the obligor, if known to the employer, and shall provide to the
division the name and address of the obligor's new employer, if known.
When the division determines the identity of the obligor's new employer,
the director shall issue an order to the new employer as provided in
subsection 1 of this section.

12. If an employer or other payor is withholding amounts for more than
one order issued pursuant to subsection 1 of this section, the employer
or other payor may transmit all such withholdings which are to be
remitted to the same circuit clerk, other collection unit or to the
payment center after October 1, 1999, as one payment together with a
separate list identifying obligors for whom a withholding has been made
and the amount withheld from each obligor so listed, and the withholding
date or dates for each obligor.

13. For purposes of this section, "income" means any periodic form of
payment due to an individual, regardless of source, including wages,
salaries, commissions, bonuses, workers' compensation benefits,
disability benefits, payments pursuant to a pension or a retirement
program, and interest.

14. The employer shall withhold funds as directed in the notice, except
if an employer receives an income withholding order issued by another
state, the employer shall apply the income withholding law of the state
of the obligor's principal place of employment in determining:

(1) The employer's fee for processing an income withholding order;

(2) The maximum amount permitted to be withheld from the obligor's income;

(3) The time periods within which the employer shall implement the income
withholding order and forward the child support payments;

(4) The priorities for withholding and allocating income withheld for
multiple child support obligees; and

(5) Any withholding terms and conditions not specified in the order.

15. If the secretary of the Department of Health and Human Services
promulgates a final standard format for an employer income withholding
notice, the director shall use such notice prescribed by the secretary.
(L. 1982 S.B. 468 § 22, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L.
1987 H.B. 484, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1997 S.B.
361, A.L. 1998 S.B. 910, A.L. 1999 S.B. 291, A.L. 2003 H.B. 613 merged
with S.B. 330 merged with S.B. 471)

(1994) Where statute prohibits employers from discharging employees in
response to wage-withholding order to satisfy child support obligation,
legislature did not clearly indicate its intent to establish private
cause of action for employees against employers. The failure to expressly
create a private cause of action gives rise to the implication that the
division director of child support enforcement has that exclusive right
to bring suit. Johnson v. Kraft General Foods, Inc., 885 S.W.2d 334 (Mo.
banc).

1. In addition to the authority of the division to request
information pursuant to section 454.440, the division may request
information from financial institutions pursuant to this section.

2. As used in this section:

(1) "Account" includes a demand deposit, checking or negotiable
withdrawal order account, savings account, time deposit account or money
market mutual fund account;

(2) "Encumbered assets", the noncustodial parent's interest in an account
which is encumbered by a lien arising by operation of law or otherwise;

(3) "Financial institution" includes:

(a) A depository institution as defined in Section 3(c) of the Federal
Deposit Insurance Act (12 U.S.C. Section 1813(c));

(b) An institution affiliated party as defined in Section 3(u) of the
Federal Deposit Insurance Act (12 U.S.C. Section 1813(u));

(c) Any federal credit union or state credit union, as defined in Section
101 of the Federal Credit Union Act (12 U.S.C. Section 1752), including
an institution affiliated party of such a credit union as defined in
Section 206(r) of the Federal Credit Union Act (12 U.S.C. Section
1786(r)); or

(d) Any benefit association, insurance company, safe deposit company,
money market fund or similar entity authorized to do business in the
state.

3. The division shall enter into agreements with financial institutions
to develop and operate a data match system which uses automated exchanges
to the maximum extent feasible. Such agreements shall require the
financial institution to provide to the division, for each calendar
quarter, the name, record address, Social Security number or other
taxpayer identification number, and other identifying information of each
noncustodial parent who maintains an account at such institution and who
owes past due support, as identified by the division by name and Social
Security number or other taxpayer identification number. The financial
institution shall only provide such information stated in this subsection
that is readily available through existing data systems, and as such data
systems are enhanced, solely at the financial institution's discretion
and for its business purposes, the financial institution shall provide
any original and additional information which becomes readily available
for any new data match request.

4. The division shall pay a reasonable fee to the financial institution
for conducting the data match pursuant to this section, but such amount
shall not exceed the costs incurred by the financial institution.

5. The division or a IV-D agency may issue liens against any account in a
financial institution and may release such liens.

6. (1) If a notice of lien is received from the division or a IV-D
agency, the financial institution shall immediately encumber the assets
held by such institution on behalf of any noncustodial parent who is
subject to such lien. However, if the account is in the name of a
noncustodial parent and such parent's spouse or parent, the financial
institution at its discretion may not encumber the assets and when it
elects not to encumber such assets, shall so notify the division or IV-D
agency. The amount of assets to be encumbered shall be stated in the
notice and shall not exceed the amount of unpaid support due at the time
of issuance. The financial institution shall, within ten business days of
receipt of a notice of lien, notify the division or IV-D agency of the
financial institution's response to the notice of lien.

(2) Within ten business days of notification by the financial institution
that assets have been encumbered, the division or IV-D agency shall
notify by mail the noncustodial parent of the issuance of the lien and
the reasons for such issuance. The notice shall advise the noncustodial
parent of the procedures to contest such lien pursuant to section 454.475
by requesting a hearing within thirty days from the date the notice was
mailed by the division to the noncustodial parent.

7. (1) Except as provided in subsection 6 of this section, the interest
of the noncustodial parent shall be presumed equal to all other joint
owners, unless at least one of the joint owners provides the division or
IV-D agency with a true copy of a written agreement entered prior to the
date of issuance of notice of lien, or other clear and convincing
evidence regarding the various ownership interests of the joint owners
within twenty days of the financial institution's mailing of the notice
of lien. The financial institution shall only encumber the amount
presumed to belong to the noncustodial parent. The division or IV-D
agency may proceed to issue an order for the amount in the account
presumed to belong to the noncustodial parent if no prior written
agreement or other evidence is provided.

(2) If a prior written agreement or other clear and convincing evidence
is furnished to the division, and based on such agreement or evidence the
division or IV-D agency determines that the interest of the noncustodial
parent is less than the presumed amount, the division or IV-D agency
shall amend the lien to reflect the amount in the account belonging to
the noncustodial parent or shall release the lien if the noncustodial
parent has no interest in the account. In no event shall the division or
IV-D agency obtain more than the presumed amount of the account without a
judicial determination that a greater amount of the account belongs to
the noncustodial parent. The division or IV-D agency may by levy and
execution on a judgment in a court of competent jurisdiction seek to
obtain an amount greater than the amount presumed to belong to the
noncustodial parent upon proof that the noncustodial parent's interest is
greater than the amount presumed pursuant to this subsection.

(3) For purposes of this subsection, accounts are not joint accounts when
the noncustodial parent has no legal right to the funds, but is either a
contingent owner or agent. Such nonjoint accounts shall include, but are
not limited to, a pay-on-death account or any other account in which the
noncustodial parent owner may act as agent by a power of attorney or
otherwise. Furthermore, when any account naming the noncustodial parent
has not been disclosed to the noncustodial parent which is evidenced by a
signature card or other deposit agreement not containing the signature of
such noncustodial parent, then for the purposes of this subsection, such
account shall not be treated as a joint account.

(4) Notwithstanding any other provision of this section, a financial
institution shall not encumber any account of less than one hundred
dollars.

8. Upon service of an order to surrender issued pursuant to this section,
any financial institution in possession of a jointly owned account may
interplead such property as otherwise provided by law.

9. Any other joint owner may petition a court of competent jurisdiction
for a determination that the interests of the joint owners are
disproportionate. The party filing the petition shall have the burden of
proof on such a claim. If subject to the jurisdiction of the court, all
persons owning affected accounts with a noncustodial parent shall be made
parties to any proceeding to determine the respective interests of the
joint owners. The court shall enter an appropriate order determining the
various interests of each of the joint owners and authorizing payment
against the obligor's share for satisfaction of the child support or
maintenance obligation.

10. The court may assess costs and reasonable attorney's fees against the
noncustodial parent if the court determines that the noncustodial parent
has an interest in the affected joint account.

11. The division may order the financial institution to surrender all or
part of the encumbered assets. The order shall not issue until sixty days
after the notice of lien is sent to the financial institution. The
financial institution shall, within seven days of receipt of the order,
pay the encumbered amount as directed in the order to surrender.

12. A financial institution shall not be liable pursuant to any state or
federal law, including 42 U.S.C. Section 669A, to any person for:

(1) Any disclosure of information to the division pursuant to this
section;

(2) Encumbering or surrendering any assets held by the financial
institution in response to a lien or order pursuant to this section and
notwithstanding any other provisions in this section to the contrary,
encumbering or surrendering assets from any account in the financial
institution connected in any way to the noncustodial parent; or

(3) Any other action taken in good faith to comply with the requirements
of this section.

13. A financial institution that fails without due cause to comply with a
notice of lien or order to surrender issued pursuant to this section
shall be liable for the amount of the encumbered assets and the division
may bring an action against the financial institution in circuit court
for such amount. For purposes of this subsection, "due cause" shall
include, but not be limited to, when a financial institution demonstrates
to a court of competent jurisdiction that the institution established in
good faith a routine to comply with the requirements of this section and
that one or more transactions to enforce the lien or order to surrender
were not completed due to an accidental error, a misplaced computer
entry, or other accidental human or mechanical problems. (L. 1997 S.B.
361, A.L. 2002 S.B. 895)

The supreme court of the state of Missouri may provide rules for
expeditious hearings on all matters referred to the circuit court
pursuant to this act*. (L. 1982 S.B. 468 § 23)

*Original rolls contain words "this act". The act (S.B. 468, 1982)
contains numerous sections. Consult Disposition of Sections table for
definitive listing.

The division may certify a person who owes a child support
arrearage in an amount exceeding five thousand dollars to the appropriate
federal government agency for the purpose of denying a passport to such
person, or revoking, suspending or limiting a passport previously issued
to such person. Such person shall be mailed, by the division or on behalf
of the division, a notice of the proposed certification and the
consequences thereof upon such person. Within thirty days of receipt of
the notice, the person may contest the proposed certification by
requesting in writing a hearing pursuant to the procedures in section
454.475. At such hearing the obligor may assert only mistake of fact as a
defense. For purposes of this section, "mistake of fact" means an error
in the amount of arrearages or an error as to the identity of the
obligor. The obligor shall have the burden of proof on such issues. The
division shall not certify the person until after a final decision has
been reached. (L. 1997 S.B. 361)

Effective 7-1-97

1. The division shall periodically report the name of any
noncustodial parent who is delinquent in the payment of support and the
amount of overdue support owed by such parent to consumer reporting
agencies defined in 15 U.S.C. Section 1681a(f).

2. The noncustodial parent shall be provided notice and a reasonable
opportunity to contest the accuracy of the information before such
information is reported to a consumer reporting agency under procedures
adopted by the division.

3. Before referring information to any entity pursuant to this section,
the division shall ensure that such entity has provided evidence that is
qualified as a consumer reporting agency. (L. 1986 H.B. 1479, A.L. 1997
S.B. 361)

1. Any attorney initiating any legal proceedings at the request
of the Missouri division of child support enforcement shall represent the
state of Missouri, department of social services, division of child
support enforcement exclusively. An attorney/client relationship shall
not exist between the attorney and any applicant or recipient of child
support enforcement services for and on behalf of a child or children,
without regard to the name in which legal proceedings are initiated. The
provisions of this section shall apply to a prosecuting attorney, circuit
attorney, attorney employed by the state or attorney under contract with
the division of child support enforcement.

2. An attorney representing the division in a proceeding in which a child
support obligation may be established or modified shall, whenever
possible, notify an applicant or recipient of child support enforcement
services of such proceedings if such applicant or recipient is a party to
such a proceeding but is not represented by an attorney. (L. 1993 S.B.
253 § 1, A.L. 1997 S.B. 361)

Effective 7-1-97

1. The director, IV-D agency or the obligee may cause a lien for
unpaid and delinquent child or spousal support to be placed upon an
obligor's distributive share of a decedent's estate.

2. No such lien shall be effective unless and until a written notice is
filed with the clerk of the probate court in which the decedent's estate
is being administered, a copy of the notice is sent by regular United
States mail to the personal representative of the decedent, and, if the
obligor's distributive share includes real estate, in the real estate
records of the county where the real estate is located. The notice shall
contain the name and address of the delinquent obligor, the Social
Security number of the obligor, if known, the name of the obligee, and
the amount of delinquent child or spousal support.

3. The lien shall attach to the obligor's distributive share upon the
filing of the notice of the lien with the clerk. Thereafter, the personal
representative of the decedent shall pay to the obligee, director or the
director's designated agent, the lesser of the obligor's distributive
share or the unpaid and delinquent child or spousal support. If the
personal representative fails to pay the obligee or the state of
Missouri, as the case may be, the personal representative shall be liable
upon the representative's bond to the obligee or the state of Missouri.

4. In cases which are not IV-D cases to cause a lien pursuant to the
provisions of this section the obligee or the obligee's attorney shall
file notice of the lien with the lienholder or payor. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages. (L. 1986 H.B.
1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

1. A judgment or order for child support or maintenance payable
in periodic installments shall not be a lien on the real estate of the
person against whom the judgment or order is rendered until the person
entitled to receive payments pursuant to the judgment or order, the
division or IV-D agency files a lien and the lien is recorded in the
office of the circuit clerk of any county in this state in which such
real estate is situated in the manner provided for by the supreme court
and chapter 511, RSMo. Thereafter, the judgment shall become a lien on
all real property of the obligor in such county, owned by the obligor at
the time, or which the obligor may acquire afterwards and before the lien
expires.

2. Liens pursuant to this section shall commence on the day filed and
shall continue for a period of three years. A judgment creditor, the
division or IV-D agency may revive a lien by filing another lien on or
before each three-year anniversary of the original judgment. At the time
each lien is revived, all unpaid installments shall remain a lien for the
subsequent three-year period.

3. The lien shall state the name, last known address of the obligor, the
obligor's Social Security number, the obligor's date of birth, if known,
and the amount of support or maintenance due and unpaid.

4. A copy of the lien shall be mailed by the person entitled to receive
payments under the judgment or order, the division or IV-D agency to the
last known address of the obligor.

5. The person entitled to receive payments pursuant to the judgment or
order, the division or IV-D agency may execute a partial or total release
of the liens created by this section, either generally or as to specific
property. (L. 1982 S.B. 468 § 24, A.L. 1984 H.B. 1275, A.L. 1997 S.B. 361)

Effective 7-1-97

1. The director or IV-D agency may cause a lien pursuant to
subsections 2 and 3 of this section or the obligee may cause a lien
pursuant to subsection 8 of this section for unpaid and delinquent child
support to block the issuance of a certificate of ownership for motor
vehicles, motor boats, outboard motors, manufactured homes and trailers
that are registered in the name of a delinquent child support obligor.

2. The director or IV-D agency shall notify the department of revenue
with the required information necessary to impose a lien pursuant to this
section by filing a notice of lien.

3. The director or IV-D agency shall not notify the department of revenue
and the department of revenue shall not register lien except as provided
in this subsection. After the director or IV-D agency decide that such
lien qualifies pursuant to this section and forward it to the department
of revenue, the director of revenue or the director's designee shall only
file such lien against the obligor's certificate of ownership when:

(1) The obligor has unpaid child support which exceeds one thousand
dollars;

(2) The property has a value of more than three thousand dollars as
determined by current industry publications that provide such estimates
to dealers in the business, and the property's year of manufacture is
within seven years of the date of filing of the lien except in the case
of a motor vehicle that has been designated a historic vehicle;

(3) The property has no more than two existing liens for child support;

(4) The property has had no more than three prior liens for child support
in the same calendar year.

4. In the event that a lien is placed and the obligor's total support
obligation is eliminated, the director shall notify the department of
revenue that the lien shall be removed.

5. Upon notification that a lien exists pursuant to this section, the
department of revenue shall register the lien on the records of the
department of revenue. Such registration shall contain the type and model
of the property and the serial number of the property.

6. Upon notification by the director that the lien shall be removed
pursuant to subsection 4 of this section, the department of revenue shall
register such removal of lien on its database, that shall contain the
type and model of the property and the serial number of the property.

7. A good faith purchaser for value without notice of the lien or a
lender without notice of the lien takes free of the lien.

8. In cases which are not IV-D cases, to cause a lien pursuant to the
provisions of this section the obligee or the obligee's attorney shall
file notice of the lien with the department of revenue. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages.

9. Notwithstanding any other law to the contrary, the department of
revenue shall maintain a child support lien database that may be
collected against the owner on a certificate of ownership provided for by
chapters 301, 306 and 700, RSMo. To determine any existing liens for
child support pursuant to this section, the lienholder, dealer or buyer
may inquire electronically into the database. A good faith purchaser for
value without notice of the lien or a lender without notice of the lien
takes free of the lien. (L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997
S.B. 361, A.L. 2002 H.B. 2008)

*This section was amended by both H.B. 2008 and S.B. 895 during the
Ninety-first General Assembly, Second Regular Session, 2002. Due to
possible conflict, both versions are printed here.

1. The director or IV-D agency may cause a lien pursuant to
subsections 2 and 3 of this section or the obligee may cause a lien
pursuant to subsection 7 of this section for unpaid and delinquent child
support to block the issuance of a certificate of ownership for motor
vehicles, motor boats, outboard motors, manufactured homes and trailers
that are registered in the name of a delinquent child support obligor.

2. The director or IV-D agency shall notify the department of revenue
with the required information necessary to impose a lien pursuant to this
section by filing a notice of lien.

3. The director or IV-D agency shall not notify the department of revenue
and the department of revenue shall not register such lien except as
provided in this subsection. After the director or IV-D agency decides
that such lien qualifies pursuant to this section and forward it to the
department of revenue, the director of revenue or the director's designee
shall only file such lien against the obligor's certificate of ownership
when:

(1) The obligor has unpaid child support which exceeds one thousand
dollars;

(2) The property has a value of more than three thousand dollars as
determined by current industry publications that provide such estimates
to dealers in the business, and the property's year of manufacture is
within seven years of the date of filing of the lien except in the case
of a motor vehicle that has been designated a historic vehicle;

(3) The property has no more than two existing liens for child support;

(4) The property has had no more than three prior liens for child support
in the same calendar year.

4. In the event that a lien is placed and the obligor's total support
obligation is eliminated, the director shall notify the department of
revenue that the lien shall be removed.

5. Upon notification that a lien exists pursuant to this section, the
department of revenue shall register the lien on the records of the
department of revenue. Such registration shall contain the type and model
of the property and the serial number of the property.

6. Upon notification by the director that the lien shall be removed
pursuant to subsection 4 of this section, the department of revenue shall
register such removal of lien on its datebank, that shall contain the
type and model of the property and the serial number of the property. The
division or IV-D agency may hold any satisfaction of the registered lien
until the child support obligation is satisfied, or levy and execute on
the motor vehicle, motor boat, outboard motor, manufactured home or
trailer and sell same, at public sale, in order to satisfy the debt.

7. In cases which are not IV-D cases, to cause a lien pursuant to the
provisions of this section the obligee or the obligee's attorney shall
file notice of the lien with the department of revenue. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages.

8. Notwithstanding any other law to the contrary, the department of
revenue shall maintain a child support lien database for outstanding
child support liens against the owner's certificate of ownership provided
for by chapters 301, 306, and 700, RSMo. To determine any existing liens
for child support pursuant to this section, the lienholder, dealer, or
buyer may inquire electronically into the database. A good faith
purchaser for value without notice of the lien in the database or a
lender without notice of the lien in the database takes free of the lien.
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361, A.L. 2002
S.B. 895)

Effective 7-1-03

*This section was amended by both H.B. 2008 and S.B. 895 during the
Ninety-first General Assembly, Second Regular Session, 2002. Due to
possible conflict, both versions are printed here.

1. The director, IV-D agency or the obligee may cause a lien for
unpaid and delinquent child or spousal support to be placed upon any
workers' compensation benefits payable to an obligor delinquent in child
or spousal support payments.

2. No such lien shall be effective unless and until a written notice is
filed with the director of the division of workers' compensation. The
notice shall contain the name and address of the delinquent obligor, the
Social Security number of the obligor, if known, the name of the obligee,
and the amount of delinquent child or spousal support.

3. Notice of lien shall not be filed unless the delinquent child or
spousal support obligation exceeds one hundred dollars.

4. Any person or persons, firm or firms, corporation or corporations,
including an insurance carrier, making any payment of workers'
compensation benefits to such obligor or to such obligor's attorneys,
heirs or legal representative, after receipt of such notice, as defined
in subsection 5 of this section, shall be liable to the obligee or, if
support has been assigned pursuant to subsection 2 of section 208.040,
RSMo, to the state or IV-D agency in an amount equal to the lesser of the
workers' compensation benefits paid or delinquent child or spousal
support. In such event, the lien may be enforced by a suit at law against
any person or persons, firm or firms, corporation or corporations making
the workers' compensation benefit payment.

5. Upon the filing of a notice pursuant to this section, the director of
the division of workers' compensation shall mail to the obligor and to
all attorneys and insurance carriers of record, a copy of the notice. The
obligor, attorneys and insurance carriers shall be deemed to have
received the notice within five days of the mailing of the notice by the
director of the division of workers' compensation. The lien described in
this section shall attach to all workers' compensation benefits which are
thereafter payable.

6. In cases which are not IV-D cases, to cause a lien pursuant to the
provisions of this section the obligee or the obligor's attorney shall
file notice of the lien with the lienholder or payor. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages. (L. 1986 H.B.
1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

1. The director, IV-D agency or the obligee may cause a lien for
unpaid and delinquent child or spousal support to be placed upon any and
all claims, counterclaims, or suits at law of any obligor delinquent in
child or spousal support payments.

2. No such lien shall be effective unless and until a written notice is
filed with the clerk of the court in which the claim, counterclaim or
suit at law is pending, and the clerk of the court mails the notices
required by subsection 5 of this section. The notice shall contain the
name and address of the delinquent obligor, the Social Security number of
the obligor, if known, the name of the obligee, and the amount of
delinquent child or spousal support.

3. Notice of this lien shall not be filed unless the delinquent child or
spousal support obligation exceeds one hundred dollars.

4. Any person or persons, firm or firms, corporation or corporations,
including an insurance carrier, making any payment or settlement in full
or partial satisfaction of the claim, counterclaim or suit at law, after
receipt of such notice, as defined in subsection 5 of this section, shall
be liable to the obligee or, if support has been assigned pursuant to
subsection 2 of section 208.040, RSMo, to the state or IV-D agency in an
amount equal to the lesser of the payment or settlement, or the
delinquent child or spousal support. In such event, the lien may be
enforced by a suit at law against any person or persons, firm or firms,
corporation or corporations making the payment or settlement.

5. Upon the filing of a notice pursuant to this section, the clerk of the
court shall mail to the obligor and to all attorneys of record a copy of
the notice. The obligor and attorneys of record shall be deemed to have
received the notice within five days of the mailing by the clerk. The
lien described in this section shall attach to any payment or settlement
made more than five days after the clerk mailed the notice.

6. In cases which are not IV-D cases, to cause a lien pursuant to the
provisions of this section the obligee or the obligee's attorney shall
file notice of the lien with the lienholder or payor. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages. (L. 1986 H.B.
1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

1. The director, IV-D agency or the obligee may cause a lien for
unpaid and delinquent child or spousal support to be placed upon any and
all demands or rights of action for negligence or personal injury which
any obligor delinquent in child or spousal support payments may have.

2. No such lien shall be effective unless and until a written notice is
mailed by certified mail, return receipt requested, to the alleged
tort-feasor or the attorney of record, if any. The notice shall contain
the name and address of the delinquent obligor, the Social Security
number of the obligor, if known, the name of the obligee, and the amount
of delinquent child or spousal support. The notice shall also instruct
the tort-feasor to mail a copy of the notice of lien to the tort-feasor's
insurance carrier, if any.

3. Notice of this lien shall not be mailed unless the delinquent child or
spousal support obligation exceeds one hundred dollars.

4. Any person or persons, firm or firms, corporation or corporations,
including an insurance carrier, making any payment or settlement in full
or partial satisfaction of the demand or right of action, after receipt
by the tort-feasor of the notice of lien, shall be liable to the obligee
or, if support has been assigned pursuant to subsection 2 of section
208.040, RSMo, to the state or IV-D agency in an amount equal to the
lesser of the payment or settlement, or the delinquent child or spousal
support. In such event, the lien may be enforced by a suit at law against
any person or persons, firm or firms, corporation or corporations making
the payment or settlement.

5. In cases which are not IV-D cases to cause a lien pursuant to the
provisions of this section the obligee or the obligee's attorney shall
file notice of the lien with the lienholder or payor. This notice shall
have attached a certified copy of the court order with all modifications
and a sworn statement by the obligee or a certified statement from the
court attesting to or certifying the amount of arrearages. (L. 1986 H.B.
1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

1. All delinquent child support and maintenance payments which
have accrued based upon judgments or orders of courts of this state
entered prior to September 29, 1979, shall draw interest at the rate of
six percent per annum through September 28, 1979; at the rate of nine
percent per annum from September 29, 1979, through August 31, 1982; and
thereafter at the rate of one percent per month.

2. All delinquent child support and maintenance payments which have
accrued based upon judgments or orders of courts of this state entered
after September 28, 1979, but prior to September 1, 1982, shall draw
interest at the rate of nine percent per annum through August 31, 1982,
and thereafter at the rate of one percent per month.

3. All delinquent child support and maintenance payments which accrue
based upon judgments of courts of this state entered on or after
September 1, 1982, shall draw interest at the rate of one percent per
month.

4. The interest imposed pursuant to subsections 1 to 3 of this section
shall be simple interest. Interest shall accrue at the close of the
business day on the last day of each month and shall be calculated by
multiplying the total arrearage existing at the end of the day, less the
amount of that month's installments, by the applicable rate of interest.
The total amount of interest collectible is the sum of the interest which
has accrued on the last day of each month following the first delinquent
payment. This interest computation method shall apply to all support and
maintenance orders, regardless of the frequency of the installments
required by the court. If the order does not specify the date on which
support or maintenance payments are to begin, it shall be assumed that
the first installment was due on the date the order was entered, and
subsequent installments fall due on the same day of the week, or date of
the month, as is appropriate. Payments which were to begin on the
twenty-ninth, thirtieth or thirty-first of any month shall be deemed due
on the last day of any month not containing such date. The interest
imposed pursuant to this section shall automatically accrue and attach to
the underlying support or maintenance judgment or order, and may be
collected together with the arrearage, except that no payment or
collection shall be construed to be interest until the entire support
arrearage has been satisfied. Such interest shall be considered support
or maintenance for the purposes of exemptions, restrictions on amounts
which may be recovered by garnishment, and nondischargeability in
bankruptcy.

5. As a condition precedent to execution for interest on delinquent child
support or maintenance payments, the obligee shall present to the circuit
clerk a sworn affidavit setting forth the payment history of the obligor
under the judgment or order, together with a statement which details the
computation of the interest claimed to be due and owing; except, that the
payment history affidavit shall not be required for periods during which
the clerk is acting as trustee pursuant to section 452.345, RSMo, or the
division is acting as trustee pursuant to this chapter or any other
provision of the laws of this state. It shall not be the responsibility
of the circuit clerk to compute the interest due and owing. The payment
history affidavit and statement of interest shall be entered in the case
record by the circuit clerk. If the obligor disputes the payment history
as sworn to by the obligee, or the interest claimed, the obligor may
petition the court for a determination. The court shall hold a hearing
and shall make such a determination prior to the return date of the
execution, or if this is not possible, the court shall direct the sheriff
to pay the proceeds of the execution into the court pending such
determination. If the determination as made by the court is inconsistent
with the payment history affidavit of the obligee, or the interest
claimed, the amount of the execution shall be so amended. (L. 1982 S.B.
468 § 25, A.L. 1999 S.B. 291)

Effective 7-1-99

1. The director of revenue shall subordinate any lien filed
pursuant to the provisions of subsection 1 of section 143.902, RSMo, or
any lien filed pursuant to the provisions of subsection 1 of section
144.380, RSMo, to any lien for child support filed pursuant to chapter
454, without regard to whether the lien filed pursuant to subsection 1 of
section 143.902, RSMo, or subsection 1 of section 144.380, RSMo, was
filed earlier in time. This subsection shall not apply unless the child,
or at least one of two or more children, on whose behalf a lien for child
support has been filed pursuant to chapter 454 resides in Missouri. This
subsection shall not apply if the effect of the subordination of the lien
filed pursuant to subsection 1 of section 143.902, RSMo, or subsection 1
of section 144.380, RSMo, is to permit other lienholders senior to the
child support lien to receive all the proceeds from the sale of the
assets to which the lien filed pursuant to subsection 1 of section
143.902, RSMo, or subsection 1 of section 144.380, RSMo, attaches, with
no part of the proceeds going to the child or children on whose behalf
the lien has been filed pursuant to chapter 454.

2. Any collusive attempt between a child support obligor and obligee to
use the provisions of subsection 1 of this section to evade or defeat any
tax imposed by sections 143.011 to 143.996, RSMo, or the payment thereof,
shall be considered a criminal offense which may be prosecuted pursuant
to section 143.911, RSMo, in addition to any other penalty provided by
law.

3. Any collusive attempt between a child support obligor and obligee to
use the provisions of subsection 1 of this section to evade or defeat any
tax imposed by sections 144.010 to 144.525, RSMo, or the payment thereof,
shall be considered a violation subject to the penalties provided in
sections 144.500 and 144.510, RSMo. (L. 1998 S.B. 910 § 7)

1. For purposes of this section, an "obligor" is a person who
owes a duty of support as determined by a court or administrative agency
of competent jurisdiction.

2. Any conveyance of real or personal property made by the obligor,
including conveyances made by the obligor to himself and his spouse as
tenants by the entirety, for the purpose and with the intent to delay,
hinder or defraud the person to whom the support obligation is owed shall
be voidable, as long as the tenancy by the entirety exists and until a
good faith purchaser for value gains title to the property. This
subsection shall not operate to impair the commercial banks' defense
under section 362.470, RSMo.

3. Any party owed a support obligation may maintain an action for the
purpose of setting aside a fraudulent conveyance by filing an appropriate
motion in the cause of action that produced the support order, or if the
order was established pursuant to sections 454.440 to 454.510, by filing
a petition in the court in which the order was filed pursuant to section
454.490. Where the party seeking to set aside the conveyance presents
evidence that the conveyance was made voluntarily and without adequate
consideration or in anticipation of entry or enforcement of a judicial or
administrative support order, a presumption shall arise that the
conveyance was made with fraudulent intent. Upon such a showing, the
burden of* proving that the conveyance was made in good faith shall rest
with the obligor.

4. If after a hearing the court determines that the conveyance was made
for the purpose and with the intent to delay, hinder or defraud the
person to whom the support obligation is owed, the court shall set the
conveyance aside and subject the property to execution for satisfaction
of the support judgment subject to the interest of the good faith
purchaser for value, mortgagee, or commercial bank. (L. 1986 H.B. 1479 §
2)

*Word "or" appears in original rolls.

1. The interests of one or more owners of any real or personal
property held in joint tenancy with right of survivorship, or otherwise
held in any form of joint interest, except for property held in the name
of a husband and wife and no other, are subject to execution as provided
in this section for the sole purpose of enforcing judgments or orders for
child support or maintenance.

2. For purposes of this section, an "obligor" is a person who owes a duty
of support as determined by a court or administrative agency of competent
jurisdiction.

3. Any party in possession of a judgment or order for child support or
maintenance may request levy and execution from a court of competent
jurisdiction against real or personal property held by the obligor
jointly with another person as provided in this section. Unless one or
more of the joint owners presents to the court, within ten days after the
return date of the execution, a true copy of a prior written agreement
setting forth the various interests of the joint owners, or the court
determines otherwise after holding a hearing as provided for in
subsection 5 of this section, it shall be presumed that the interests of
the joint owners are equal. Upon levy, the execution shall constitute a
lien against the obligor's presumed interest in the property. Any one or
more of the joint owners may obtain relief from the lien by filing with
the court a copy of a prior written agreement setting forth the various
interests of the joint owners, without the necessity of filing a petition
under subsection 5 of this section. A copy of the written agreement shall
be sent by regular United States mail to the party requesting execution,
who may challenge the validity or authenticity of the agreement by filing
a petition pursuant to subsection 5 of this section.

4. Upon being served with an execution issued pursuant to this section,
any third party in possession of jointly owned property may interplead
said property as otherwise provided by law. Commercial banks may utilize
the interpleader procedure authorized by the provisions of section
362.360, RSMo. The third party shall notify the owners of the property
that the property has been levied upon if the owners have addresses of
record with the third party.

5. Either party, or any other joint owner as provided in subsection 1 of
this section, may petition the court for a determination that the
interests of the joint owners are disproportionate by filing a proper
motion in the cause of action from which the levy and execution was
issued. The party filing the motion shall have the burden of proof as to
the claim that the interests of the joint owners are disproportionate. If
subject to the jurisdiction of the court, all persons owning affected
real or personal property jointly with an obligor shall be made parties
to any proceeding to determine the respective interests of the joint
owners. After a hearing on the motion, the court shall enter an
appropriate order determining the various interests of each of the joint
owners, and authorizing execution against the obligor's share for
satisfaction of the child support or maintenance obligation.

6. The court may assess costs and reasonable attorney's fees against the
obligor, if the court determines that the obligor has an interest in the
affected jointly held property. If the court determines that the obligor
has no interest in the property, costs and attorney's fees may be
assessed against the party who requested the execution. (L. 1986 H.B.
1479 § 3)

CROSS REFERENCE: Roth IRA not exempt from attachment for child support
and maintenance, RSMo 513.430

(1988) Partnership funds are not property held in the form of joint
interest under this section. Under the Uniform Partnership Law, the
proper method to "seize" the interest of an individual partner in a
partnership is to apply to the court for a charging order. (Mo.App.E.D.)
Wills v. Wills, 750 S.W.2d 567.

1. On or before October 1, 1999, the division of child support
enforcement shall establish and operate a state disbursement unit to be
known as the "Family Support Payment Center" for the receipt and
disbursement of payments pursuant to support orders for:

(1) All cases enforced by the division pursuant to section 454.400; and

(2) Any case required by federal law to be collected or disbursed by the
payment center including, but not limited to, cases in which a support
order is initially issued on or after January 1, 1994, in which the
income of the obligor is subject to withholding; and

(3) Beginning July 1, 2001:

(a) Any other case with a support order in which payments are ordered or
directed by a court or the division to be made to the payment center or
in which the income of the obligor is subject to withholding; and

(b) Any case prior to July 1, 2001, in which support payments are ordered
paid to the clerk of the court as trustee pursuant to section 452.345,
RSMo.

2. The family support payment center shall be operated by the division,
in conjunction with other state agencies pursuant to a cooperative
agreement, or by a contractor responsible directly to the division.
Notwithstanding any other provision of law to the contrary, after notice
by the division or the court that issued the support order to the obligor
that all future payments shall be made to the payment center, the payment
center shall become trustee for payments made by parents, employers,
states and other entities, and all future payments shall be made to the
payment center. The payment center shall disburse payments to custodial
parents and other obligees, the state or agencies of other states. If the
payment center is operated by a contractor and the contractor receives
and disburses the payments, the contractor shall have an annual audit
conducted by an independent certified public accountant. The audit will
determine whether funds received are disbursed or otherwise accounted
for, and make recommendations as to the procedures and changes that the
contractor should take to protect the funds received from
misappropriation and theft. A copy of the audit shall be delivered to the
division, the office of administration and the office of the state courts
administrator.

3. Except as otherwise provided in sections 454.530 to 454.560, the
payment center shall disburse support payments within two business days
after receipt from the employer or other source of periodic income, if
sufficient information identifying the payee is provided. As used in
sections 454.530 to 454.560, "business day" means a day state government
offices are open for regular business. Disbursement of payments made
toward arrearages may be delayed until the resolution of any timely
appeal with respect to such arrearage or upon order of a court.

4. The family support payment center shall establish an electronic funds
transfer system for the transfer of child support payments. Any person or
employer may, without penalty, choose to receive payments from or
disburse payments to the payment center by check or draft instead of by
electronic transfer. (L. 1997 S.B. 361, A.L. 1999 S.B. 291)

Effective 7-1-99

1. Whenever a parent or other person receives support moneys for
a child paid to him or her by the division of child support enforcement
pursuant to the provisions of chapter 454, and the division subsequently
determines that such payment, through no fault of the division, was
erroneously made, either in good faith, or due to fraud or receipt of
inaccurate information from the recipient of such support, such parent or
other person shall be indebted to the division in an amount equal to the
amount of the support money received by the parent or other person for
that child. The division may utilize any available administrative or
legal process to collect the erroneously paid support to effect
recoupment and satisfaction of the debt incurred by reason of the failure
of such parent or other person to reimburse the division for such
erroneously paid child support. The division is also authorized to make a
setoff to effect satisfaction of the debt by deduction from support
moneys for that child in its possession or in the possession of any clerk
of the court or other forwarding agent which would otherwise be payable
to such parent or other person for the satisfaction of any support
reimbursement. Nothing in this section authorizes the division to make a
setoff as to current support paid during the month for which the payment
is due and owing.

2. A person commits the crime of stealing, as defined by section 570.030,
RSMo, if he or she knowingly retains possession of child support payments
which have been erroneously paid by the division through no fault of the
division and the division has requested reimbursement of such support
paid, if the purpose is to deprive the division of such reimbursement,
either without the consent of the division or by means of deceit or
coercion. (L. 1998 S.B. 910 § 4)

1. All support payments collected by the payment center shall be
deposited in a special trust fund, which is hereby created, to be known
as the "Family Support Trust Fund". Interest, if any, earned by the money
in the trust fund shall be deposited into the general revenue fund in the
state treasury.

2. The moneys in the family support trust fund shall not be deemed to be
state funds and shall not be commingled with any state funds. Any moneys
that are payable to the state of Missouri from the trust fund shall be
deposited in the state's general revenue fund.

3. The payment center shall keep accurate record of the money received
and disbursed through the trust fund and such records shall be available
for inspection by state and federal officers and employees, obligors,
obligees and the courts authorized by law.

4. The director or division may authorize the state treasurer to make
refunds to the trust fund for erroneous payments and overpayments to the
state. (L. 1999 S.B. 291)

Effective 7-1-99

1. The division shall maintain or cause to be maintained records
showing payments and disbursements made by the payment center. The
records shall be maintained in the automated child support system
established pursuant to this chapter. The records shall include the
amount of current support due and the total amount due for past unpaid
support, and payment and disbursement records previously maintained by
the circuit clerks of this state.

2. The circuit clerk shall certify the records of past payments and
disbursements to the payment center at the time payments are directed to
be made to the center. The payment and disbursement records of the
circuit clerks, as shown on the automated child support system, shall be
deemed certified by the clerks. The division or circuit clerk shall
record or cause to be recorded other credits against a support order.
Credits allowed pursuant to this section shall include, but not be
limited to, abatements pursuant to section 452.340, RSMo, in-kind
payments pursuant to section 454.432, amounts collected from an obligor
from federal and state income tax refunds, state lottery payments, Social
Security payments, unemployment and workers' compensation benefits,
income withholdings authorized by law, liens, garnishment* actions, and
any other amounts required to be credited by state law.

3. In a case that is not a IV-D case, the division shall only record
payments that are received by the payment center, with all other credits
recorded by the clerk. The division may change the name and address
information as shown on the automated child support system based on
information received by the payment center. In cases in which payments
are to be made to the payment center, obligors and obligees shall notify
the payment center of any changes in their names or addresses. Such
notice shall be sufficient notice for the division for purposes of
section 454.413. (L. 1999 S.B. 291)

Effective 7-1-99

*Word "garnishments" appears in original rolls.

1. A copy of records of payments to and disbursements by the
payment center, including but not limited to the records maintained in
the automated child support system, or a circuit clerk, including but not
limited to copies produced by electronic or optically scanned means,
whether certified by the division, circuit clerk or an employee of the
payment center, shall be admissible without further proof or foundation
in any judicial or administrative proceeding as proof of credits and
payments made to or by the payment center or circuit clerk. Records
include, but are not limited to, records maintained in the automated
child support system.

2. The records shall be certified by the director, a circuit clerk or
such clerk's designee, or an employee of the payment center, and
additional proof of the official character of the person certifying such
record or the authenticity of his or her signature shall not be required.
The director, circuit clerk or such clerk's designee, or an employee of
the payment center may certify payment and disbursement records contained
or maintained in, or shown by, the automated child support system. The
certification of the director, circuit clerk or such clerk's designee, or
an employee of the payment center shall certify payments or disbursements
regardless of who made the entry of the payment or disbursement. Such
records shall constitute prima facie evidence of the amount of support
paid. (L. 1999 S.B. 291)

Effective 7-1-99

If an employee of the division, a circuit clerk or an employee
of the payment center is served* with a subpoena, subpoena duces tecum or
an order to produce records, the employee or clerk may comply with the
subpoena or order by transmitting a certified copy of the record to the
requesting party. No party shall offer such records into evidence in
response to a subpoena pursuant to this section unless all other parties
to the action have been served with copies of such records and
certification at least seven days prior to the commencement of the trial.
A copy of properly certified records shall be admissible as evidence in
all court or administrative proceedings. (L. 1999 S.B. 291)

Effective 7-1-99

*Word "serviced" appears in original rolls.

1. A copy of a judicial order and other documents on file with
the court which are transmitted, whether transmitted by facsimile or
other electronic means, to the division shall be rebuttably presumed to
be true and correct copies of the original document, and may be offered
into evidence without authentication or verification in any hearing or
proceeding pursuant to this chapter.

2. A person contesting the authenticity of the document may rebut the
presumption with a certified copy. The clerk shall furnish the division
with certified copies upon request and without charge. (L. 1999 S.B. 291)

Effective 7-1-99

In addition to any fees imposed pursuant to section 454.425 and
if allowed by federal law, the division may charge and collect a fee of
ten dollars from support received through the payment center for each
order for every year or portion of a year during which payments are
received by the payment center. Such fee shall be used to reimburse the
state for the costs associated with processing support payments. (L. 1999
S.B. 291)

Effective 7-1-99

1. The division may require, after notice to the obligor, that
any check paid to the payment center by the obligor must be certified or
guaranteed for payment. An originator of a check other than a payor shall
not be required to pay by certified or guaranteed check, unless an
insufficient funds check is received and the provisions of this section
have been followed.

2. In addition to any fees imposed pursuant to section 454.425, the
payment center, when authorized by the division, or the state may charge
a fee not to exceed twenty-five dollars for processing an insufficient
funds check as a reimbursement for the costs of processing such check,
and may issue a notice to the originator of any such check that no
further checks will be accepted unless the check is certified or
guaranteed for payment. The division may collect the fee which shall be
considered a support order for enforcement pursuant to this chapter. (L.
1999 S.B. 291)

Effective 7-1-99

If not required by an existing order, the division or circuit
clerk shall notify by first class mail any obligor under a support order,
and an employer or other payor who has or will be withholding income to
direct support payments to the payment center. The division shall file a
copy of the notice with the court with jurisdiction over the support
order. Any obligor, employer or other payor who receives notice to direct
payments to the payment center and thereafter fails to direct payments to
the payment center shall receive a second written notice by certified
mail, return receipt requested. Failure to pay the payment center after a
second notice shall be grounds for contempt and a motion for contempt may
be filed in the county or city not within a county in which the support
order is filed. (L. 1999 S.B. 291)

Effective 7-1-99

1. A current support obligation shall not be recorded in the
records maintained in the automated child support system in the following
cases:

(1) In a IV-D case with a support order pursuant to section 454.465 or
454.470 when the division determines that payments for current support
are no longer due and should no longer be made to the payment center. The
division shall notify by first class mail the obligor and obligee under
the support orders that payments shall no longer be made to the payment
center, and any withholding of income shall be terminated unless it is
subsequently determined by the division or court having jurisdiction that
payments will continue. The division's determination shall terminate the
division's support order, but shall not terminate any obligation of
support established by court order. The obligor and obligee may contest
the decision of the division to terminate the division's support order by
requesting a hearing within thirty days of the mailing of the notice
provided pursuant to this section. The hearing shall comply with the
provisions of section 454.475;

(2) In a IV-D case with a support order entered by a court when the court
that issued the support order terminates such order and notifies the
division. The division shall also cease enforcing the order if no past
support is due; or

(3) In all cases when the child is twenty-two years of age, unless a
court orders support to continue. The obligor or obligee may contest the
decision of the division to terminate accruing support orders by
requesting a hearing within thirty days of the mailing of notice by the
division. The hearing shall comply with the provisions of section
454.475. The issue at the hearing, if any, shall be limited to a mistake
of fact as to the age of the child or the existence of a court order
requiring support after the age of twenty-two.

2. Nothing in this section shall affect or terminate the amount due for
unpaid past support. (L. 1999 S.B. 291)

Effective 7-1-99

The court shall order payments to be made to the payment center
upon request of the division or attorneys representing the division. (L.
1999 S.B. 291)

Effective 7-1-99

Payment on a support order to the payment center shall authorize
the division to endorse a negotiable instrument payable to the obligee,
the circuit clerk, the state or the state agency. (L. 1999 S.B. 291)

Effective 7-1-99

Beginning in 2000, the division of child support enforcement
shall report to the general assembly regarding the family support payment
center by December 1, 2000, and by each December first thereafter. Such
report shall include recommendations and an analysis of the efficiency
and effectiveness of the system. (L. 1999 S.B. 291)

Effective 7-1-99

As used in sections 454.600 to 454.645, the following terms mean:

(1) "Court", any circuit court establishing a support obligation pursuant
to an action under this chapter, chapter 210, RSMo, chapter 211, RSMo, or
chapter 452, RSMo;

(2) "Director", the director of the division of child support enforcement
of the department of social services;

(3) "Division", the division of child support enforcement of the
department of social services;

(4) "Employer", any individual, organization, agency, business or
corporation hiring an obligor for pay;

(5) "Health benefit plan", any benefit plan or combination of plans,
other than public assistance programs, providing medical or dental care
or benefits through insurance or otherwise, including but not limited to
health service corporations, as defined in section 354.010, RSMo; prepaid
dental plans, as defined in section 354.700, RSMo; health maintenance
organization plans, as defined in section 354.400, RSMo; and
self-insurance plans, to the extent allowed by federal law;

(6) "Minor child", a child for whom a support obligation exists under law;

(7) "Obligee", a person to whom a duty of support is owed or a person,
including any division of the department of social services, who has
commenced a proceeding for enforcement of an alleged duty of support or
for registration of a support order, regardless of whether the person to
whom a duty of support is owed is a recipient of public assistance;

(8) "Obligor", a person owing a duty of support or against whom a
proceeding for the enforcement of a duty of support or registration of a
support order is commenced; and

(9) "IV-D case", a case in which support rights have been assigned to the
state of Missouri pursuant to section 208.040, RSMo, or in which the
division of child support enforcement is providing support enforcement
services pursuant to section 454.425, RSMo. (L. 1993 S.B. 253 § 3)

Effective 5-26-93

1. At any state of a proceeding in which the circuit court or
the division has jurisdiction to establish or modify an order for child
support, including but not limited to actions brought pursuant to this
chapter, chapters 210, 211, and 452, RSMo, the court or the division
shall determine whether to require a parent to provide medical care for
the child through a health benefit plan.

2. With or without the agreement of the parents, the court or the
division may require that a child be covered under a health benefit plan.
Such a requirement shall be imposed whenever a health benefit plan is
available at reasonable cost through a parent's employer or union or in
any IV-D case. If such a plan is not available at reasonable cost through
an employer or union and the case is not a IV-D case, the court in
determining whether to require a parent to provide such coverage, shall
consider:

(1) The best interests of the child;

(2) The child's present and anticipated needs for medical care;

(3) The financial ability of the parents to afford the cost of a health
benefit plan; and

(4) The extent to which the cost of the health benefit plan is subsidized
or reduced by participation on a group basis or otherwise.

3. To the extent that such options are available under the terms of the
health benefit plan, an order may specify required terms of the health
benefit plan, including:

(1) Minimum required policy limits;

(2) Minimum required coverage;

(3) Maximum terms for deductibles or required co-payments; or

(4) Other significant terms, including, but not limited to, any provision
required for a health benefit plan under the federal Employee Retirement
Income Security Act of 1974, as amended.

4. If the child is not covered by a health benefit plan but such a plan
is available to one of the parents, the court or the division shall order
that coverage under the health benefit plan be provided for the child
unless there is available to the other parent a health benefit plan with
comparable or better benefits at comparable or reduced cost. If health
benefit plans are available to both parents upon terms which provide
comparable benefits and costs, the court or the division shall determine
which health benefit plan, if any, shall be required, giving due regard
to the possible advantages of each plan.

5. The court shall require the obligor to be liable for all or a portion
of the medical or dental expenses of the minor child that are not covered
by the required health benefit plan coverage if:

(1) The court finds that the health benefit plan coverage required to be
obtained by the obligor or available to the obligee does not pay all the
reasonable and necessary medical or dental expenses of the minor child;
and

(2) The court finds that the obligor has the financial resources to
contribute to the payment of these medical or dental expenses; and

(3) The court finds the obligee has substantially complied with the terms
of the health benefit coverage.

6. The cost of health benefit plan employee contributions or premiums
shall not be a direct offset to child support awards established pursuant
to this chapter, chapters 210, 211, and 452, RSMo, but it shall be
considered when determining the amount of child support to be paid by the
obligor.

7. If two or more health benefit plans are available to one or both
parents that are complementary to one another or are compatible as
primary and secondary coverage for the child, the court or the division
may order each parent to maintain one or more health benefit plans for
the child.

8. Prior to terminating enrollment in a health benefit plan or changing
from one health benefit plan to another, consideration by the court or
division shall be given to the child's medical condition and best
interests and whether there is reason to believe that a new health
benefit plan would omit or limit benefits because of a preexisting
condition.

9. An abatement of a parent's child support obligation shall not
automatically abate that parent's duty to provide for the child's health
care needs. Unless an order of the court or the division specifically
provides for abatement or termination of health care coverage, an order
to maintain health benefits or otherwise provide for a child's health
care needs shall continue in force until further order of the court or
the division, or until the child's right to parental support terminates.
(L. 1993 S.B. 253 § 4, A.L. 1997 S.B. 361)

Effective 7-1-97

1. In all IV-D cases in which income withholding for child
support is to be initiated on the effective date of the order pursuant to
section 452.350, RSMo, and section 454.505, respectively, the circuit
clerk or division, as appropriate, shall send a notice to the employer or
union of the parent who has been ordered to provide the health benefit
plan coverage at the same time the support order withholding notice is
issued. In cases in which the division enforces an order to obtain health
benefit plan coverage, it also shall send a notice to the employer or
union of the parent who has been ordered to provide the health benefit
plan coverage.

2. The notice shall be sent to the employer or union either by regular
mail or by certified mail, return receipt requested.

3. The division shall use the National Medical Support Notice required by
42 U.S.C. Section 666(a)(19) and 45 C.F.R. Section 303.32 to enforce
health benefit plan coverage under this chapter. All employers, unions,
and plan administrators shall comply with the terms of the National
Medical Support Notice, including the instructions therein, whether
issued by the division or the IV-D agency of another state which appears
regular on its face. The division shall:

(1) Transfer the National Medical Support Notice to an employer within
two business days after the date of entry of an employee who is an
obligor in a IV-D case in the state directory of new hires; and

(2) Promptly notify the appropriate employer or union if a current order
for medical support for which the division is responsible is no longer in
effect.

4. The notice issued by the circuit clerk shall contain, at a minimum,
the following information:

(1) The parent's name and Social Security number;

(2) A statement that the parent is required to provide and maintain
health benefit plan coverage for a dependent minor child; and

(3) The name, date of birth, and Social Security number, if available,
for each child.

5. The notice to withhold sufficient funds from the earnings due the
obligor to cover employee contributions or premiums, when necessary to
comply with the order to provide health benefit plan coverage, is binding
on current and successor employers for current and subsequent periods of
employment. Such notice shall continue until further notice by the court
or division.

6. The withholding of health benefit plan employee contributions or
premiums from income, if required to comply with the order, shall not be
held in abeyance pending the outcome of any hearing provided pursuant to
section 454.609. (L. 1993 S.B. 253 § 5, A.L. 2002 S.B. 923, et al., A.L.
2003 S.B. 330)

1. At the same time an employer or union notice is sent pursuant
to section 454.606, the circuit clerk or the division, as appropriate,
shall send a notice to the obligor by any form of mail to the obligor's
last known address. The information contained in that notice shall
include:

(1) A statement that the parent has been directed to provide and maintain
health benefit plan coverage for the benefit of a minor child;

(2) The name and date of birth of the minor child;

(3) A statement that the income withholding for health benefit coverage
applies to current and subsequent periods of employment;

(4) A statement that the parent may within thirty days of the mailing
date of the order or notice submit a written contest to the withholding
on the grounds that the withholding is not proper because of mistake of
fact or because the obligor provides other insurance that was obtained
prior to issuance of the withholding order or notice that is comparable
to the health benefit plan available through the employer or union or
nonemployer or nonunion group;

(5) A statement that if the obligor contests the withholding, the obligor
shall be afforded an opportunity to present his or her case to the court
or the division within thirty days of receipt of the notice of contest;

(6) A statement of exemptions which may apply to limit the portion of the
obligated party's disposable earnings which are subject to the
withholding under federal or state law;

(7) The Social Security number of the obligor, if available;

(8) A statement that state law prohibits employers from retaliating
against an obligor under an order to provide health benefit plan coverage
and that the court or the division should be contacted if the obligor has
been retaliated against by his or her employer as a result of the order
for health benefit plan coverage.

2. The only grounds to contest a withholding order or notice for health
benefit plan coverage sent to an employer or union shall be mistake of
fact or that the obligor obtained other insurance prior to issuance of
the withholding order or notice that is comparable to the health benefit
plan available through the employer or union, or nonemployer or nonunion
group. For purposes of sections 454.600 to 454.645, "mistake of fact"
means an error as to the identity of the obligor.

3. If the obligor contests the withholding order or notice for health
plan coverage because of mistake of fact or because the obligor obtained
comparable insurance prior to issuance of the withholding order or
notice, the court or the director shall hold a hearing, enter an order
disposing of all issues disputed by the obligor and notify the obligated
party of the determination and date, within forty-five days of the date
of receipt of the obligated party's notice of contest. (L. 1993 S.B. 253
§ 6, A.L. 2002 S.B. 923, et al.)

1. In cases other than IV-D cases, the obligor shall provide to
the obligee within thirty days of receipt of effective notice of a court
order for health benefit plan coverage pursuant to sections 454.600 to
454.645 written proof of the obligor's compliance with that order.
Compliance means either that the health benefit plan coverage has been
obtained or that a correct and complete application for such coverage has
been made.

2. The obligee shall forward a copy of the court order for health benefit
plan coverage issued pursuant to sections 454.600 to 454.645 to the
obligor's employer or union when ordered to do so by the court or when:

(1) The obligor fails to provide written proof of compliance with the
court order to the obligee within thirty days of the obligor's receipt of
effective written notice of the court order;

(2) The obligee serves by mail at the obligor's known post office address
written notice on the obligor of the obligee's intent to enforce the
order;

(3) The obligor fails to provide, within fifteen days after the date the
obligee mailed the notice provided for in this section, written proof to
the obligee that the obligor has obtained the health benefit plan
coverage ordered by the court or has applied for such coverage; and

(4) The obligee files an affidavit with the circuit clerk alleging that
the obligor failed to provide written proof of compliance after mailing
the notice required by this section to the obligor. (L. 1993 S.B. 253 § 7)

Effective 5-26-93

1. Upon receipt of a court or administrative order, or notice,
for health benefit plan coverage, the employer or union shall transfer
the order or notice to the appropriate group health plan providing the
health plan coverage for which the child is eligible, excluding any
severable notice to withhold for health care coverage directing the
employer or union to withhold any mandatory employee contribution to the
plan, within twenty business days after the date of the order or notice.

2. Within forty business days after the date of the order or notice, the
plan administrator shall:

(1) Notify the issuing agency whether coverage of the child is available
under the terms of the plan and, if so, whether such child is covered
under the plan and either the effective date of such coverage or, if
necessary, any steps to be taken by the custodial parent or issuing
agency to effectuate such coverage; and

(2) Provide to the custodial parent or issuing agency a description of
the coverage available and any forms or documents necessary to effectuate
such coverage. (L. 1993 S.B. 253 § 8, A.L. 2002 S.B. 923, et al.)

1. Upon receipt of the court or administrative order, or notice,
for health benefit plan coverage, or upon application of the obligor
pursuant to that order, the employer or union shall take necessary action
to enroll the minor child as an eligible dependent in the health benefit
plan and, upon enrollment, withhold any required employee contribution or
premium from the obligor's income or wages necessary for the coverage of
the child and send any amount withheld directly to the health benefit
plan administrator. If more than one health benefit plan is offered by
the employer or union, the minor child shall be enrolled in the plan in
which the obligor is enrolled. When one or more plans are available and
the obligor is not enrolled in a plan that covers dependents or is not
enrolled in any plan, the minor child and the obligor if necessary shall
be enrolled under the least costly plan that provides service to the area
where the child resides if the order or notice for health benefit plan
coverage is not a National Medical Support Notice issued by the division
or IV-D agency of another state. If the notice for health benefit plan
coverage is a National Medical Support Notice issued by the division or
IV-D agency of another state, the health benefit plan administrator shall
provide to the issuing agency copies of the applicable summary plan
descriptions or other documents that describe available coverage,
including the additional participant contribution necessary to obtain
coverage for the child under each option and whether there is a limited
service area for any option. The issuing agency, in consultation with the
custodial parent, must promptly select from the available plan options.
If the issuing agency does not make such selection within twenty business
days from the date the plan administrator provided the option, the plan
administrator shall enroll the child in the plan's default option, if
any. If the plan does not have a default option, the plan administrator
shall enroll the child in the option selected by the issuing agency.

2. In those instances where the obligor fails or refuses to execute any
document necessary to enroll the minor child in the health benefit plan
ordered by the court, the required information and authorization may be
provided by the division or the custodial parent or guardian of the minor
child.

3. Information and authorization provided by the division or the
custodial parent or guardian of the minor child shall be valid for the
purpose of meeting enrollment requirements of the health benefit plan and
shall not affect the obligation of the employer or union and the insurer
to enroll the minor child in the health benefit plan for which other
eligibility, enrollment, underwriting terms and other requirements are
met. However, any health benefit plan provision which denies or restricts
coverage to a minor child of the obligor due to birth out of wedlock
shall be void as against public policy.

4. A minor child that an obligor is required to cover as an eligible
dependent pursuant to sections 454.600 to 454.645 shall be considered for
health benefit plan coverage purposes as a dependent of the obligor until
the child's right to parental support terminates or until further order
of the court, but in no event past the limiting age set forth in the
health benefit plan. (L. 1993 S.B. 253 § 9, A.L. 1994 H.B. 1491 & 1134,
A.L. 2002 S.B. 923, et al.)

No health benefit plan shall be required to change coverages
provided as a result of sections 454.600 to 454.645. Nothing in sections
454.600 to 454.645 shall be construed as creating a regulatory authority
over the business of insurance. (L. 1993 S.B. 253 § 10)

Effective 5-26-93

In the case of any claim submitted by the custodial parent for
care provided to a minor child who is enrolled as an eligible dependent
pursuant to an order or notice of health benefit plan coverage, the
health benefit plan administrator or insurer shall, in the absence of an
assignment of benefits to the health care provider with respect to such
claim or proof of payment by the noncustodial parent, pay to the
custodial parent any benefit due. The health benefit plan administrator
or insurer shall be fully discharged from any and all liability on the
claim to the extent of such payments to the custodial parent. (L. 1993
S.B. 253 § 11)

Effective 5-26-93

When an order for health benefit plan coverage pursuant to
sections 454.600 to 454.645 is in effect, upon termination of the
obligor's employment, or upon termination of the health benefit plan
coverage, the employer, union or health benefit plan administrator, as
appropriate, shall make a good faith effort to notify the obligee, or in
IV-D cases, the division, within ten days of the termination date with
notice of continuation or conversion privileges. In addition, in IV-D
cases, upon termination of the obligor's employment, the employer shall
promptly notify the division or IV-D agency of another state, as
applicable, of the obligor's last known address and the name and address
of the obligor's new employer, if known. (L. 1993 S.B. 253 § 12, A.L.
2002 S.B. 923, et al.)

When an order for health benefit plan coverage pursuant to
sections 454.600 to 454.645 is in effect, the obligor's employer or union
shall* release to the division or obligee, upon request, information on
such coverage, including the name of the administrator or insurer. (L.
1993 S.B. 253 § 13)

Effective 5-26-93

*Word "shall" not in original rolls, an apparent typographical error.

1. An obligor who fails to maintain the health benefit plan
coverage for the benefit of a minor child as ordered pursuant to sections
454.600 to 454.645 shall be liable to the obligee or to the state of
Missouri for any medical and dental expenses or health benefit plan
employee contributions or premiums incurred or paid by the obligee or the
state, from the date of the court or administrative order.

2. Proof of failure to maintain health benefit plan coverage as ordered
constitutes a showing of increased need by the obligee and provides a
basis for an increase of the obligor's child support order.

3. As between a health care provider and the parents of a child, the
parents shall be jointly and severally liable to the provider for the
reasonable costs of the child's necessary medical care. As between
parents, responsibility for the child's care expenses that are not
covered by a health benefit plan may be equitably apportioned between the
parents by the court or the division, in percentage shares based on their
income, or based on a written agreement of the parties. If the order or
agreement fails to designate the shares applicable to the parents, then
each parent shall be liable for fifty percent of such expenses.

4. The director is hereby authorized to bring an action in circuit court
on behalf of the custodial parent to collect from the obligor the
appropriate percentage share of medical care expenses which were paid by
the obligee and were not covered by a health care benefit plan. (L. 1993
S.B. 253 § 14)

Effective 5-26-93

1. An order of income withholding for health benefit plan
coverage shall have priority over all other legal processes under state
law against money, income or periodic earnings of the noncustodial parent
except an order of income withholding for current child support.

2. Notwithstanding the provisions of section 452.350, RSMo, and section
454.505, or any other provision of law to the contrary, the amount
contained in an order of income withholding for health benefit plan
coverage issued pursuant to sections 454.600 to 454.645, shall be
considered a current child support obligation for purposes of applying
the limitations contained in the federal Consumer Credit Protection Act,
15 U.S.C. 1673(b), and shall run concurrently with orders issued pursuant
to section 452.350, RSMo, and section 454.505. However, when concurrently
running wage withholding processes for the collection of support
obligations, including an order for health benefit plan coverage, cause
the amounts withheld from the obligor to exceed applicable wage
withholding limitations, the employer shall not include the amount
contained in the order of income withholding for health benefit plan
coverage in determining the pro rata distribution, and shall not withhold
any amount for health benefit plan coverage from an employee's wages. (L.
1993 S.B. 253 § 15)

Effective 5-26-93

All remedies available for collection and enforcement of child
support apply to medical support ordered pursuant to sections 454.600 to
454.645. The remedies established by sections 454.600 to 454.645 are in
addition to and not in substitution for other remedies provided by law
and apply without regard to when the order was entered. Either parent or
the division may initiate modification proceedings to seek the addition
of a provision for health benefit plan coverage to an existing court or
administrative order, notwithstanding the requirement under this chapter,
chapters 210, 211, and 452, RSMo, to allege or prove a substantial and
continuing change in circumstances. (L. 1993 S.B. 253 § 16)

Effective 5-26-93

1. Compliance by an employer or union with the order for health
benefit plan coverage operates as a discharge of liability to the obligor
as to any part of the obligor's periodic earnings or other income so
affected.

2. The court or the director, upon motion of the obligor and for good
cause shown, may terminate the respective judicial or administrative
order for health benefit plan coverage. (L. 1993 S.B. 253 § 17)

Effective 5-26-93

1. An employer shall not discharge or otherwise discipline, or
refuse to hire, an employee as a result of an order or notice issued
pursuant to the provisions of sections 454.600 to 454.645. If any such
employee is discharged within thirty days of the date upon which an order
for health benefit plan coverage is to take effect, there shall arise a
rebuttable presumption that such discharge was a result of such order.
This presumption shall be overcome only by clear, cogent and convincing
evidence produced by the employer that the employee was not terminated
because of the order.

2. Any obligor who is aggrieved as a result of a violation of this
section may bring a civil contempt proceeding against the employer by
filing an appropriate motion in the cause of action from which the order
for health benefit plan coverage was issued. The director is also
authorized to bring an action in circuit court to determine whether there
has been a wrongful discharge or discipline under this section.

3. In either action cited above, if the court finds that the employer
discharged, disciplined, or refused to hire the obligated parent as a
result of the order or notice, the court may order the employer to
reinstate or hire the obligor, or rescind any wrongful disciplinary
action. Further, the court may enter judgment against the employer for
the back wages, costs, attorney's fees, and for the amount of health
benefit plan employee or employer contributions or premiums and child
support which should have been withheld and paid over by the employer
during the period of time the employee was wrongfully discharged. If,
after the entry of such an order, the employer refuses without good cause
to comply with the court's order, or if the employer fails to comply with
the health benefit plan coverage notice, the court may, after notice to
the employer and a hearing, impose a fine against the employer, not to
exceed five hundred dollars. (L. 1993 S.B. 253 § 18)

Effective 5-26-93

1. In any case in which a parent is required by a court or
administrative order to provide medical coverage for a child, under any
health benefit plan, as defined in section 454.600, and a parent is
eligible through employment, under the provisions of the federal
Comprehensive Omnibus Budget Reconciliation Act (COBRA) or the provisions
of section 376.892, RSMo, or for health coverage through an insurer or
group health plan, any insurers, including group health plans as defined
in Section 607(1) of the federal Employee Retirement Income Security Act
of 1974, offering, issuing, or renewing policies in this state on or
after July 1, 1994, shall:

(1) Permit such parent to enroll under such coverage any such child who
is otherwise eligible for such coverage, without regard to any enrollment
season restrictions;

(2) Permit enrollment of a child under coverage upon application by the
child's other parent, the division of child support enforcement, the
division of medical services, or the tribunal of another state, if the
parent required by a court or administrative order to provide health
coverage fails to make application to obtain coverage for such child;

(3) Not disenroll or eliminate coverage of a child unless:

(a) The insurer is provided satisfactory written evidence that such court
or administrative order is no longer in effect; or

(b) The insurer is provided satisfactory written evidence that the child
is or will be enrolled in comparable health coverage through another
insurer which will take effect no later than the effective date of the
disenrollment; or

(c) The employer or union eliminates family health coverage for all of
its employees or members; or

(d) Any available continuation coverage is not elected or the period of
such coverage expires.

2. In any case in which a parent is required by a court or administrative
order to provide medical coverage for a child, under any health benefit
plan, as defined in section 454.600, and the parent is eligible for such
health coverage through an employer doing business in Missouri, the
employer or union shall:

(1) Permit such parent to enroll under such family coverage any such
child who is otherwise eligible for such coverage, without regard to any
enrollment season restrictions;

(2) Enroll a child under family coverage upon application by the child's
other parent, the division of child support enforcement, the division of
medical services, or a tribunal of another state, if a parent is enrolled
but fails to make application to obtain coverage of such child; and

(3) Not disenroll or eliminate coverage of any such child unless:

(a) The employer or union is provided satisfactory written evidence that
such court or administrative order is no longer in effect; or

(b) The employer or union is provided satisfactory written evidence that
the child is or will be enrolled in comparable health coverage through
another insurer which will take effect not later than the effective date
of such disenrollment; or

(c) The employer or union has eliminated family health coverage for all
of its employees or members.

3. No insurer may impose any requirements on a state agency, which has
been assigned the rights of an individual eligible for medical assistance
under chapter 208, RSMo, and covered for health benefits from the
insurer, that are different from requirements applicable to an agent or
assignee of any other individual so covered.

4. All insurers shall in any case in which a child has health coverage
through the insurer of a noncustodial parent:

(1) Provide such information to the custodial parent or legal guardian as
may be necessary for the child to obtain benefits through such coverage;

(2) Permit the custodial parent or legal guardian, or provider, with the
custodial parent's approval, to submit claims for covered services
without the approval of the noncustodial parent; and

(3) Make payment on claims submitted in accordance with subdivision (2)
of this subsection directly to the parent, the provider, or the division
of medical services.

5. The division of medical services may garnish the wages, salary, or
other employment income of, and require withholding amounts from state
tax refunds, pursuant to section 143.783, RSMo, to any person who:

(1) Is required by court or administrative order to provide coverage of
the costs of health services to a child who is eligible for medical
assistance under Medicaid; and

(2) Has received payment from a third party for the costs of such
services to such child, but has not used such payment to reimburse, as
appropriate, either the other parent or guardian of such child or the
provider of such services, to the extent necessary to reimburse the
division of medical services for expenditures for such costs under its
plan. However, claims for current or past due child support shall take
priority over claims by the division of medical services.

6. The remedies for the collection and enforcement of medical support
established in this section are in addition to and not in substitution
for other remedies provided by law and apply without regard to when the
order was entered. (L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L.
2002 S.B. 923, et al.)

As used in sections 454.800 to 454.808, the following terms mean:

(1) "Advance planning documents", a series of documents including updates
covering the various phases of the project submitted to the federal
Office of Child Support Enforcement for review and approval;

(2) "Project" or "system", the comprehensive, statewide automated system
developed and implemented by the division of child support enforcement in
compliance with section 454 of the Social Security Act (42 U.S.C. 654);

(3) "Steering committee", the statewide automated system steering
committee. (L. 1990 S.B. 834 § 1)

Effective 7-12-90

The director of the department of social services shall appoint
a "Statewide Automated System Steering Committee", which shall be
composed of the following members:

(1) The state courts administrator or his designee;

(2) The director of the department of social services or his designee;

(3) The director of the division of child support enforcement or his
designee;

(4) The director of the division of family services or his designee;

(5) The director of the division of data processing of the department of
social services or his designee;

(6) Three or more prosecuting attorneys or their designees. Such
prosecuting attorneys shall be appointed from a list submitted to the
director from the Missouri office of prosecution services;

(7) Two or more circuit clerks or their designees;

(8) Three or more representatives from the private sector, two of whom
shall be representatives of business and one of whom shall be a custodial
parent; and

(9) Such other interested parties as the director may deem appropriate.
(L. 1990 S.B. 834 § 2)

Effective 7-12-90

Steering committee members shall serve as long as they hold the
position that made them eligible for the membership on the steering
committee, or until they are replaced by the director of the department
of social services. Members shall serve without additional compensation,
but may be reimbursed for all actual and necessary expenses incurred in
the performance of their official duties for the commission. (L. 1990
S.B. 834 § 3)

Effective 7-12-90

The steering committee shall advise the department of social
services regarding the development and implementation of a comprehensive
statewide automated system for child support enforcement that meets all
functional requirements for federal funding under 42 U.S.C. 654. The
automated system shall not alter program functions delegated to the
department of social services, prosecuting attorneys, circuit attorneys,
and circuit clerks by chapters 208, 210, 452, and 454, RSMo. The system
shall be the sole child support enforcement system undertaken by the
state. (L. 1990 S.B. 834 § 4)

Effective 7-12-90

The system shall be installed in accordance with federal
statutes and regulations by October 1, 1997, for all requirements
mandated under federal law up to and including the Family Support Act of
1988, as amended. The system shall be in accordance with the requirements
of the Personal Responsibility and Work Opportunity Reconciliation Act,
as amended, by October 1, 2000, unless extended under federal law. (L.
1990 S.B. 834 § 5, A.L. 1997 S.B. 361)

Effective 7-1-97

1. For all IV-D cases as defined by section 452.345, RSMo, the
division of child support enforcement shall determine support arrearages
and credits by consent of the parties to the support order or by use of
the administrative order process set out in section 454.476.

2. Notwithstanding any provisions of section 454.475 to the contrary,
hearings pursuant to this section may be requested by either party and
may be conducted by nonattorney hearing officers specially designated by
the department of social services. Any person adversely affected by any
hearing decisions pursuant to this section may obtain judicial review
pursuant to sections 536.100 to 536.140, RSMo.

3. Any support arrearage and credit determination established pursuant to
this section and all documentation that forms the basis for the
determination shall be filed with the circuit clerk and shall be
considered part of the official trusteeship record if filed prior to
October 1, 1999, or if filed after such date, as part of the records of
the payment center pursuant to this chapter for all purposes. (L. 1993
S.B. 253, A.L. 1999 S.B. 291)

Effective 7-1-99

In sections 454.850 to 454.997:

(1) "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of a
support order directed to the parent.

(2) "Child support order" means a support order for a child, including a
child who has attained the age of majority under the law of the issuing
state.

(3) "Duty of support" means an obligation imposed or imposable by law to
provide support for a child, spouse, or former spouse, including an
unsatisfied obligation to provide support.

(4) "Home state" means the state in which a child lived with a parent or
a person acting as parent for at least six consecutive months immediately
preceding the time of filing of a petition or comparable pleading for
support and, if a child is less than six months old, the state in which
the child lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month or other
period.

(5) "Income" includes earnings or other periodic entitlements to money
from any source and any other property subject to withholding for support
under the law of this state.

(6) "Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by section
452.350, RSMo, or 454.505, to withhold support from the income of the
obligor.

(7) "Initiating state" means a state from which a proceeding is forwarded
or in which a proceeding is filed for forwarding to a responding state
under the provisions of sections 454.850 to 454.997 or a law or procedure
substantially similar to sections 454.850 to 454.997, or under a law or
procedure substantially similar to the uniform reciprocal enforcement of
support act, or the revised uniform reciprocal enforcement of support act
.

(8) "Initiating tribunal" means the authorized tribunal in an initiating
state.

(9) "Issuing state" means the state in which a tribunal issues a support
order or renders a judgment determining parentage.

(10) "Issuing tribunal" means the tribunal that issues a support order or
renders a judgment determining parentage.

(11) "Law" includes decisional and statutory law and rules and
regulations having the force of law.

(12) "Obligee" means:

(i) an individual to whom a duty of support is or is alleged to be owed
or in whose favor a support order has been issued or a judgment
determining parentage has been rendered;

(ii) a state or political subdivision to which the rights under a duty of
support or support order have been assigned or which has independent
claims based on financial assistance provided to an individual obligee; or

(iii) an individual seeking a judgment determining parentage of the
individual's child.

(13) "Obligor" means an individual, or the estate of a decedent:

(i) who owes or is alleged to owe a duty of support;

(ii) who is alleged but has not been adjudicated to be a parent of a
child; or

(iii) who is liable under a support order.

(14) "Register" means to record or file a support order or judgment
determining parentage in the tribunal having jurisdiction in such action.

(15) "Registering tribunal" means a tribunal in which a support order is
registered.

(16) "Responding state" means a state in which a proceeding is filed or
to which a proceeding is forwarded for filing from an initiating state
under the provisions of sections 454.850 to 454.997 or a law
substantially similar to sections 454.850 to 454.997, or under a law or
procedure substantially similar to the uniform reciprocal enforcement of
support act, or the revised uniform reciprocal enforcement of support act.

(17) "Responding tribunal" means the authorized tribunal in a responding
state.

(18) "Spousal-support order" means a support order for a spouse or former
spouse of the obligor.

(19) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or insular
possession subject to the jurisdiction of the United States. The term
"state" includes:

(i) an Indian tribe; and

(ii) a foreign jurisdiction that has enacted a law or established
procedures for issuance and enforcement of support orders which are
substantially similar to the procedures under sections 454.850 to 454.997
or the procedures under the uniform reciprocal enforcement of support act
or the revised uniform reciprocal enforcement of support act.

(20) "Support enforcement agency" means a public official or agency
authorized to seek:

(i) enforcement of support orders or laws relating to the duty of support;

(ii) establishment or modification of child support;

(iii) determination of parentage; or

(iv) to locate obligors or their assets.

(21) "Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a child,
a spouse, or a former spouse, which provides for monetary support, health
care, arrearages, or reimbursement, and may include related costs and
fees, interest, income withholding, attorney's fees, and other relief.

(22) "Tribunal" means a court, administrative agency, or quasi-judicial
entity authorized to establish, enforce, or modify support orders or to
determine parentage. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

The courts and the division of child support enforcement are the
tribunals of this state. (L. 1996 H.B. 992)

Effective 1-1-97

Remedies provided by sections 454.850 to 454.997 are cumulative
and do not affect the availability of remedies under other law. (L. 1996
H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

In a proceeding to establish, enforce, or modify a support order
or to determine parentage, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual or the individual's guardian
or conservator if:

(1) the individual is personally served with notice within this state;

(2) the individual submits to the jurisdiction of this state by consent,
by entering a general appearance, or by filing a responsive document
having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses
or support for the child;

(5) the child resides in this state as a result of the acts or directives
of the individual;

(6) the individual engaged in sexual intercourse in this state and the
child may have been conceived by that act of intercourse;

(7) the individual asserted parentage in the putative father registry
maintained in this state by the department of health and senior services;
or

(8) there is any other basis consistent with the constitutions of this
state and the United States for the exercise of personal jurisdiction.
(L. 1996 H.B. 992)

Effective 1-1-97

A tribunal of this state exercising personal jurisdiction over a
nonresident under section 454.857 may apply section 454.917 to receive
evidence from another state, and section 454.922 to obtain discovery
through a tribunal of another state. In all other respects, sections
454.880 to 454.983 do not apply and the tribunal shall apply the
procedural and substantive law of this state, including the rules on
choice of law other than those established by sections 454.850 to
454.997. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

Under sections 454.850 to 454.997, a tribunal of this state may
serve as an initiating tribunal to forward proceedings to another state
and as a responding tribunal for proceedings initiated in another state.
(L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) A tribunal of this state may exercise jurisdiction to
establish a support order if the petition or comparable pleading is filed
after a petition or comparable pleading is filed in another state only if:

(1) the petition or comparable pleading in this state is filed before the
expiration of the time allowed in the other state for filing a responsive
pleading challenging the exercise of jurisdiction by the other state;

(2) the contesting party timely challenges the exercise of jurisdiction
in the other state; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed before a
petition or comparable pleading is filed in another state if:

(1) the petition or comparable pleading in the other state is filed
before the expiration of the time allowed in this state for filing a
responsive pleading challenging the exercise of jurisdiction by this
state;

(2) the contesting party timely challenges the exercise of jurisdiction
in this state; and

(3) if relevant, the other state is the home state of the child. (L. 1996
H.B. 992)

Effective 1-1-97

(a) A tribunal of this state issuing a support order consistent
with the law of this state has continuing, exclusive jurisdiction over a
child support order:

(1) as long as this state remains the residence of the obligor, the
individual obligee, or the child for whose benefit the support order is
issued; or

(2) until each individual party has filed written consent with the
tribunal of this state for a tribunal of another state to modify the
order and assume continuing, exclusive jurisdiction.

(b) A tribunal of this state issuing a child support order consistent
with the law of this state may not exercise its continuing jurisdiction
to modify the order if the order has been modified by a tribunal of
another state pursuant to sections 454.850 to 454.997 or a law
substantially similar to sections 454.850 to 454.997.

(c) If a child support order of this state is modified by a tribunal of
another state pursuant to sections 454.850 to 454.997 or a law
substantially similar to sections 454.850 to 454.997, a tribunal of this
state loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this state, and may only:

(1) enforce the order that was modified as to amounts accruing before the
modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which
occurred before the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child
support order pursuant to sections 454.850 to 454.997 or a law
substantially similar to sections 454.850 to 454.997.

(e) A temporary support order issued ex parte or pending resolution of a
jurisdictional conflict does not create continuing, exclusive
jurisdiction in the issuing tribunal.

(f) A tribunal of this state issuing a support order consistent with the
law of this state has continuing, exclusive jurisdiction over a spousal
support order throughout the existence of the support obligation. A
tribunal of this state may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction over
that order under the law of that state. (L. 1996 H.B. 992, A.L. 1997 S.B.
361)

Effective 7-1-97

(a) A tribunal of this state may serve as an initiating tribunal
to request a tribunal of another state to enforce or modify a support
order issued in that state.

(b) A tribunal of this state having continuing, exclusive jurisdiction
over a support order may act as a responding tribunal to enforce or
modify the order. If a party subject to the continuing, exclusive
jurisdiction of the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply section 454.917 to receive
evidence from another state and section 454.922 to obtain discovery
through a tribunal of another state.

(c) A tribunal of this state which lacks continuing, exclusive
jurisdiction over a spousal support order may not serve as a responding
tribunal to modify a spousal support order of another state. (L. 1996
H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) If a proceeding is brought under sections 454.850 to
454.997, and only one tribunal has issued a child support order, the
order of that tribunal is controlling and must be recognized.

(b) If a proceeding is brought under sections 454.850 to 454.997, and two
or more child support orders have been issued by tribunals of this state
or another state with regard to the same obligor and child, a tribunal of
this state shall apply the following rules in determining which order to
recognize for purposes of continuing, exclusive jurisdiction:

(1) If only one of the tribunals would have continuing, exclusive
jurisdiction under sections 454.850 to 454.997, the order of that
tribunal is controlling and must be recognized.

(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under sections 454.850 to 454.997, an order issued by a
tribunal in the current home state of the child must be recognized, but
if an order has not been issued in the current home state of the child,
the order most recently issued is controlling and must be recognized.

(3) If none of the tribunals would have continuing exclusive jurisdiction
under sections 454.850 to 454.997, the tribunal of this state having
jurisdiction over the parties must issue a child support order, which is
controlling and must be recognized.

(c) If two or more child support orders have been issued for the same
obligor and child and if the obligor or the individual obligee resides in
this state, a party may request a tribunal of this state to determine
which order controls and must be recognized under subsection (b) of this
section. The request must be accompanied by a certified copy of every
support order in effect. Every party whose rights may be affected by a
determination of the controlling order must be given notice of the
request for that determination.

(d) The tribunal that issued the order that must be recognized as
controlling under subsection (a), (b) or (c) of this section is the
tribunal that has continuing, exclusive jurisdiction in accordance with
section 454.867.

(e) A tribunal of this state which determines by order the identity of
the controlling child support order under subsection (b)(1) or (b)(2) of
this section or which issues a new controlling child support order under
subsection (b)(3) shall include in that order the basis upon which the
tribunal made its determination.

(f) Within thirty days after issuance of the order determining the
identity of the controlling order, the party obtaining that order shall
file a certified copy of it with each tribunal that had issued or
registered an earlier order of child support. Failure of the party
obtaining the order to file a certified copy as required subjects that
party to appropriate sanctions by a tribunal in which the issue of
failure to file arises, but that failure has no effect on the validity or
enforceability of the controlling order. (L. 1996 H.B. 992, A.L. 1997
S.B. 361)

Effective 7-1-97

In responding to multiple registrations or petitions for
enforcement of two or more child support orders in effect at the same
time with regard to the same obligor and different individual obligees,
at least one of which was issued by a tribunal of another state, a
tribunal of this state shall enforce those orders in the same manner as
if the multiple orders had been issued by a tribunal of this state. (L.
1996 H.B. 992)

Effective 1-1-97

Amounts collected and credited for a particular period pursuant
to a support order issued by a tribunal of another state must be credited
against the amounts accruing or accrued for the same period under a
support order issued by the tribunal of this state. (L. 1996 H.B. 992,
A.L. 1997 S.B. 361)

Effective 7-1-97

(a) Except as otherwise provided in sections 454.850 to 454.997,
this article applies to all proceedings under sections 454.850 to 454.997.

(b) Sections 454.850 to 454.997, provide for the following proceedings:

(1) establishment of an order for spousal support or child support
pursuant to section 454.930;

(2) enforcement of a support order and income withholding order of
another state without registration pursuant to sections 454.932 to
454.946;

(3) registration of an order for spousal support or child support of
another state for enforcement pursuant to sections 454.948 to 454.981;

(4) modification of an order for child support or spousal support issued
by a tribunal of this state pursuant to sections 454.862 to 454.869;

(5) registration of an order for child support of another state for
modification pursuant to sections 454.948 to 454.981;

(6) determination of parentage pursuant to section 454.983; and

(7) assertion of jurisdiction over nonresidents pursuant to sections
454.857 to 454.860.

(c) An individual petitioner or a support enforcement agency may commence
a proceeding authorized under sections 454.850 to 454.997, by filing a
petition in an initiating tribunal for forwarding to a responding
tribunal or by filing a petition or a comparable pleading directly in a
tribunal of another state which has or can obtain personal jurisdiction
over the respondent. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

A minor parent, or a guardian or other legal representative of a
minor parent, may maintain a proceeding on behalf of or for the benefit
of the minor's child. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

Except as otherwise provided by sections 454.850 to 454.997, a
responding tribunal of this state:

(1) shall apply the procedural and substantive law, including the rules
on choice of law, generally applicable to similar proceedings originating
in this state and may exercise all powers and provide all remedies
available in those proceedings; and

(2) shall determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state. (L. 1996
H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) Upon the filing of a petition authorized by sections 454.850
to 454.997, an initiating tribunal of this state shall forward three
copies of the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency
in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state
information agency of the responding state with a request that they be
forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If a responding state has not enacted the uniform interstate family
support act or a law or procedure substantially similar to the uniform
interstate family support act, a tribunal of this state may issue a
certificate or other documents and make findings required by the law of
the responding state. If the responding state is a foreign jurisdiction,
the tribunal may specify the amount of support sought and provide other
documents necessary to satisfy the requirements of the responding state.
(L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) When a responding tribunal of this state receives a petition
or comparable pleading from an initiating tribunal or directly pursuant
to subsection (c) of section 454.880, it shall cause the petition or
pleading to be filed and notify the petitioner where and when it was
filed.

(b) A responding tribunal of this state, to the extent otherwise
authorized by law, may do one or more of the following:

(1) issue or enforce a support order, modify a child support order, or
render a judgment to determine parentage;

(2) order an obligor to comply with a support order, specifying the
amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of
payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's
current residential address, telephone number, employer, address of
employment, and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper
notice to appear at a hearing ordered by the tribunal and enter the bench
warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified
methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include a support order
issued under sections 454.850 to 454.997, or in the documents
accompanying the order, the calculations on which the support order is
based.

(d) A responding tribunal of this state may not condition the payment of
a support order issued under sections 454.850 to 454.997, upon compliance
by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under sections
454.850 to 454.997, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any. (L.
1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

If a petition or comparable pleading is received by an
inappropriate tribunal of this state, it shall forward the pleading and
accompanying documents to an appropriate tribunal in this state or
another state and notify the petitioner by first class mail where and
when the pleading was sent. (L. 1996 H.B. 992)

Effective 1-1-97

(a) A support enforcement agency of this state, upon request,
shall provide services to a petitioner in a proceeding under sections
454.850 to 454.997.

(b) A support enforcement agency that is providing services to the
petitioner as appropriate shall:

(1) take all steps necessary to enable an appropriate tribunal in this
state or another state to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a
hearing;

(3) make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties;

(4) within two days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of a written notice from an initiating, responding, or
registering tribunal, send a copy of the notice to the petitioner;

(5) within two days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of a written communication from the respondent or the
respondent's attorney, send a copy of the communication to the
petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be
obtained.

(c) Sections 454.850 to 454.997, do not create or negate a relationship
of attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

If the attorney general determines that the support enforcement
agency is neglecting or refusing to provide services to an individual,
the attorney general may order the agency to perform its duties under
sections 454.850 to 454.997 or may provide those services directly to the
individual. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

An individual may employ private counsel to represent the
individual in proceedings authorized by sections 454.850 to 454.997. (L.
1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) The division of child support enforcement is the state
information agency under sections 454.850 to 454.997.

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the
tribunals in this state which have jurisdiction under sections 454.850 to
454.997, and any support enforcement agencies in this state and transmit
a copy to the state information agency of every other state;

(2) maintain a register of tribunals and support enforcement agencies
received from other states;

(3) forward to the appropriate tribunal in the place in this state in
which the individual obligee or the obligor resides, or in which the
obligor's property is believed to be located, all documents concerning a
proceeding under sections 454.850 to 454.997, received from an initiating
tribunal or the state information agency of the initiating state; and

(4) obtain information concerning the location of the obligor and the
obligor's property within this state not exempt from execution, by such
means as postal verification and federal or state locator services,
examination of telephone directories, requests for the obligor's address
from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor vehicles, driver's
licenses, and Social Security. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) A petitioner seeking to establish or modify a support order
or to determine parentage in a proceeding under sections 454.850 to
454.997, must verify the petition. Unless otherwise ordered under section
454.907, the petition or accompanying documents must provide, so far as
known, the name, residential address, and Social Security numbers of the
obligor and the obligee, and the name, sex, residential address, Social
Security number, and date of birth of each child for whom support is
sought. The petition must be accompanied by a certified copy of any
support order in effect. The petition may include any other information
that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and
accompanying documents must conform substantially with the requirements
imposed by the forms mandated by federal law for use in cases filed by a
support enforcement agency. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

Upon a finding, which may be made ex parte, that the health,
safety, or liberty of a party or child would be unreasonably put at risk
by the disclosure of identifying information, or if an existing order so
provides, a tribunal shall order that the address of the child or party
or other identifying information not be disclosed in a pleading or other
document filed in a proceeding under sections 454.850 to 454.997. (L.
1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) The petitioner may not be required to pay a filing fee or
other costs.

(b) If an obligee prevails, a responding tribunal may assess against an
obligor filing fees, reasonable attorney's fees, other costs, and
necessary travel and other reasonable expenses incurred by the obligee
and the obligee's witnesses. The tribunal may not assess fees, costs, or
expenses against the obligee or the support enforcement agency of either
the initiating or the responding state, except as provided by other law.
Attorney's fees may be taxed as costs, and may be ordered paid directly
to the attorney, who may enforce the order in the attorney's own name.
Payment of support owed to the obligee has priority over fees, costs and
expenses.

(c) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested primarily
for delay. In a proceeding under sections 454.948 to 454.981, a hearing
is presumed to have been requested primarily for delay if a registered
support order is confirmed or enforced without change. (L. 1996 H.B. 992,
A.L. 1997 S.B. 361)

Effective 7-1-97

(a) Participation by a petitioner in a proceeding before a
responding tribunal, whether in person, by private attorney, or through
services provided by the support enforcement agency, does not confer
personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while
physically present in this state to participate in a proceeding under
sections 454.850 to 454.997.

(c) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under sections 454.850
to 454.997, committed by a party while present in this state to
participate in the proceeding. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

A party whose parentage of a child has been previously
determined by or pursuant to law may not plead nonparentage as a defense
to a proceeding under sections 454.850 to 454.997. (L. 1996 H.B. 992,
A.L. 1997 S.B. 361)

Effective 7-1-97

(a) The physical presence of the petitioner in a responding
tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a
judgment determining parentage.

(b) A verified petition, affidavit, document substantially complying with
federally mandated forms, and a document incorporated by reference in any
of them, not excluded under the hearsay rule if given in person, is
admissible in evidence if given under oath by a party or witness residing
in another state.

(c) A copy of the record of child support payments certified as a true
copy of the original by the custodian of the record may be forwarded to a
responding tribunal. The copy is evidence of facts asserted in it, and is
admissible to show whether payments were made.

(d) Copies of bills for testing for parentage, and for prenatal and
postnatal health care of the mother and child, furnished to the adverse
party at least ten days before trial, are admissible in evidence to prove
the amount of the charges billed and that the charges were reasonable,
necessary, and customary.

(e) Documentary evidence transmitted from another state to a tribunal of
this state by telephone, telecopier, or other means that do not provide
an original writing may not be excluded from evidence on an objection
based on the means of transmission.

(f) In a proceeding under sections 454.850 to 454.997, a tribunal of this
state may permit a party or witness residing in another state to be
deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with tribunals of other
states in designating an appropriate location for the deposition or
testimony.

(g) If a party called to testify at a civil hearing refuses to answer on
the ground that the testimony may be self-incriminating, the trier of
fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does
not apply in a proceeding under sections 454.850 to 454.997.

(i) The defense of immunity based on the relationship of husband and wife
or parent and child does not apply in a proceeding under sections 454.850
to 454.997. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

A tribunal of this state may communicate with a tribunal of
another state in writing, or by telephone or other means, to obtain
information concerning the laws of that state, the legal effect of a
judgment, decree, or order of that tribunal, and the status of a
proceeding in the other state. A tribunal of this state may furnish
similar information by similar means to a tribunal of another state. (L.
1996 H.B. 992)

Effective 1-1-97

A tribunal of this state may:

(1) request a tribunal of another state to assist in obtaining discovery;
and

(2) upon request, compel a person over whom it has jurisdiction to
respond to a discovery order issued by a tribunal of another state. (L.
1996 H.B. 992)

Effective 1-1-97

A support enforcement agency or tribunal of this state shall
disburse promptly any amounts received pursuant to a support order, as
directed by the order. The agency or tribunal shall furnish to a
requesting party or tribunal of another state a certified statement by
the custodian of the record of the amounts and dates of all payments
received. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) If a support order entitled to recognition under sections
454.850 to 454.997, has not been issued, a responding tribunal of this
state may issue a support order if:

(1) the individual seeking the order resides in another state; or

(2) the support enforcement agency seeking the order is located in
another state.

(b) The tribunal may issue a temporary child support order if:

(1) the respondent has signed a verified statement acknowledging
parentage;

(2) the respondent has been determined by or pursuant to law to be the
parent; or

(3) there is other clear and convincing evidence that the respondent is
the child's parent.

(c) Upon finding, after notice and opportunity to be heard, that an
obligor owes a duty of support, the tribunal shall issue a support order
directed to the obligor and may issue other orders pursuant to section
454.890. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

An income withholding order issued in another state may be sent
to the person or entity defined as the obligor's employer under section
452.350, RSMo, or section 454.505 without first filing a petition or
comparable pleading or registering the order with a tribunal of this
state. (L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-1-97

(a) Upon receipt of the order, the obligor's employer shall
immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income withholding order issued in
another state which appears regular on its face as if it had been issued
by a tribunal of this state.

(c) Except as provided in subsection (d) of this section and section
454.936, the employer shall withhold and distribute the funds as directed
in the withholding order by complying with the terms of the order, as
applicable, that specify:

(1) the duration and the amount of periodic payments of current child
support, stated as a sum certain;

(2) the person or agency designated to receive payments and the address
to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment, stated
as a sum certain, or ordering the obligor to provide health insurance
coverage for the child under a policy available through the obligor's
employment;

(4) the amount of periodic payments of fees and costs for a support
enforcement agency, the issuing tribunal, and the obligee's attorney,
stated as sums certain; and

(5) the amount of periodic payments of arrears and interest on arrears,
stated as sums certain.

(d) The employer shall comply with the law of the state of the obligor's
principal place of employment for withholding from income with respect to:

(1) the employer's fee for processing an income withholding order;

(2) the maximum amount permitted to be withheld from the obligor's income;

(3) the time periods within which the employer must implement the
withholding order and forward the child support payment. (L. 1997 S.B.
361)

Effective 7-1-97

If the obligor's employer receives multiple orders to withhold
support from the earnings of the same obligor, the employer shall be
deemed to have satisfied the terms of the multiple orders if the employer
complied with the law of the state of the obligor's principal place of
employment to establish the priorities for withholding and allocating
income withheld for multiple child support orders. (L. 1997 S.B. 361)

Effective 7-1-97

An employer who complies with an income withholding order issued
in another state in accordance with sections 454.932 to 454.946, is not
subject to civil liability to any individual or agency with regard to the
employer's withholding child support from the obligor's income. (L. 1997
S.B. 361)

Effective 7-1-97

An employer who willfully fails to comply with an income
withholding order issued by another state and received for enforcement is
subject to the same penalties that may be imposed for noncompliance with
an order issued by a tribunal of this state. (L. 1997 S.B. 361)

Effective 7-1-97

(a) An obligor may contest the validity or enforcement of an
income withholding order issued in another state and received directly by
an employer in this state in the same manner as if the order had been
issued by a tribunal of this state. Section 454.956 applies to the
contest.

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer which has directly received an income withholding
order; and

(3) the person or agency designated to receive payments in the income
withholding order, or if no person or agency is designated, to the
obligee. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A party seeking to enforce a support order or an income
withholding order, or both, issued by a tribunal of another state may
send the documents required for registering the order to a support
enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and, if
appropriate, use any administrative procedure authorized by the law of
this state to enforce a support order or an income withholding order, or
both. If the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency
shall register the order pursuant to sections 454.850 to 454.997. (L.
1997 S.B. 361)

Effective 7-1-97

A support order or an income withholding order issued by a
tribunal of another state may be registered in this state for
enforcement. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A support order or income withholding order of another state
may be registered in this state by sending the following documents and
information to the appropriate tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and
enforcement;

(2) two copies, including one certified copy, of all orders to be
registered, including any modification of an order;

(3) a sworn statement by the party seeking registration or a certified
statement by the custodian of the records showing the amount of any
arrearage;

(4) the name of the obligor and, if known:

(i) the obligor's address and Social Security number;

(ii) the name and address of the obligor's employer and any other source
of income of the obligor; and

(iii) a description and the location of property of the obligor in this
state not exempt from execution; and

(5) the name and address of the obligee and, if applicable, the agency or
person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal
shall cause the order to be filed as a foreign judgment, together with
one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be
affirmatively sought under other law of this state may be filed at the
same time as the request for registration or later. The pleading must
specify the grounds for the remedy sought. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A support order or income withholding order issued in
another state is registered when the order is filed in the registering
tribunal of this state.

(b) A registered order issued in another state is enforceable in the same
manner and is subject to the same procedures as an order issued by a
tribunal of this state.

(c) Except as otherwise provided in sections 454.948 to 454.981, a
tribunal of this state shall recognize and enforce, but may not modify, a
registered order if the issuing tribunal had jurisdiction. (L. 1997 S.B.
361)

Effective 7-1-97

(a) The law of the issuing state governs the nature, extent,
amount, and duration of current payments and other obligations of support
and the payment of arrearages under the order.

(b) In a proceeding for arrearages, the statute of limitation under the
laws of this state or of the issuing state, whichever is longer, applies.
(L. 1997 S.B. 361)

Effective 7-1-97

(a) When a support order or income withholding order issued in
another state is registered, the registering tribunal shall notify the
nonregistering party. The notice must be accompanied by a copy of the
registered order and the documents and relevant information accompanying
the order.

(b) The notice must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration
in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the
registered order must be requested within twenty days after the date of
mailing or personal service of the notice;

(3) that failure to contest the validity or enforcement of the registered
order in a timely manner will result in confirmation of the order and
enforcement of the order and the alleged arrearages and precludes further
contest of that order with respect to any matter that could have been
asserted; and

(4) of the amount of any alleged arrearages.

(c) Upon registration of an income withholding order for enforcement, the
registering tribunal shall notify the obligor's employer pursuant to
section 452.350, RSMo, or section 454.505. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a hearing
within twenty days after the date of mailing or personal service of
notice of the registration. The nonregistering party may seek to vacate
the registration, to assert any defense to an allegation of noncompliance
with the registered order, or to contest the remedies being sought or the
amount of any alleged arrearages pursuant to section 454.963.

(b) If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity
or enforcement of the registered order, the registering tribunal shall
schedule the matter for hearing and give notice to the parties of the
date, time, and place of the hearing. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A party contesting the validity or enforcement of a
registered order or seeking to vacate the registration has the burden of
proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting
party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; or

(7) the statute of limitation under section 454.956 precludes enforcement
of some or all of the arrearages.

(b) If a party presents evidence establishing a full or partial defense
under subsection (a), a tribunal may stay enforcement of the registered
order, continue the proceeding to permit production of additional
relevant evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all remedies available
under the law of this state.

(c) If the contesting party does not establish a defense under subsection
(a) to the validity or enforcement of the order, the registering tribunal
shall issue an order confirming the order. (L. 1997 S.B. 361)

Effective 7-1-97

Confirmation of a registered order, whether by operation of law
or after notice and hearing, precludes further contest of the order with
respect to any matter that could have been asserted at the time of
registration. (L. 1997 S.B. 361)

Effective 7-1-97

A party or support enforcement agency seeking to modify, or to
modify and enforce, a child support order issued in another state shall
register that order in this state in the same manner provided in sections
454.948 to 454.956 if the order has not been registered. A petition for
modification may be filed at the same time as a request for registration,
or later. The pleading must specify the grounds for modification. (L.
1997 S.B. 361)

Effective 7-1-97

A tribunal of this state may enforce a child support order of
another state registered for purposes of modification, in the same manner
as if the order had been issued by a tribunal of this state, but the
registered order may be modified only if the requirements of section
454.973 have been met. (L. 1997 S.B. 361)

Effective 7-1-97

(a) After a child support order issued in another state has been
registered in this state, unless the provisions of section 454.978 apply,
the responding tribunal of this state may modify that order only if,
after notice and hearing, it finds that:

(1) the following requirements are met:

(i) the child, the individual obligee, and the obligor do not reside in
the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification;
and

(iii) the respondent is subject to the personal jurisdiction of the
tribunal of this state; or

(2) an individual party or the child is subject to the personal
jurisdiction of the tribunal and all of the individual parties have filed
a written consent in the issuing tribunal providing that a tribunal of
this state may modify the support order and assume continuing, exclusive
jurisdiction over the order. However, if the issuing state is a foreign
jurisdiction which has not enacted the Uniform Interstate Family Support
Act, as amended, the written consent of the individual party residing in
this state is not required for the tribunal to assume jurisdiction to
modify the child support order.

(b) Modification of a registered child support order is subject to the
same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the order
may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support
order that may not be modified under the law of the issuing state. If two
or more tribunals have issued child support orders for the same obligor
and child, the order that is controlling and must be recognized under the
provisions of section 454.871 establishes the nonmodifiable aspects of
the support order.

(d) On issuance of an order modifying a child support order issued in
another state, a tribunal of this state becomes the tribunal of
continuing, exclusive jurisdiction. (L. 1997 S.B. 361)

Effective 7-1-97

A tribunal of this state shall recognize a modification of its
earlier child support order by a tribunal of another state which assumed
jurisdiction pursuant to sections 454.850 to 454.997 or a law
substantially similar to sections 454.850 to 454.997 and, upon request,
except as otherwise provided in sections 454.850 to 454.997 shall:

(1) enforce the order that was modified only as to amounts accruing
before the modification;

(2) enforce only nonmodifiable aspects of that order;

(3) provide other appropriate relief only for violations of that order
which occurred before the effective date of the modification; and

(4) recognize the modifying order of the other state, upon registration,
for the purpose of enforcement. (L. 1997 S.B. 361)

Effective 7-1-97

(a) If all of the individual parties reside in this state and
the child does not reside in the issuing state, a tribunal of this state
has jurisdiction to enforce and to modify the issuing state's child
support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction as provided in this
section shall apply the provisions of sections 454.850 to 454.877 and
sections 454.948 to 454.981 to the enforcement or modification
proceeding. Sections 454.880 to 454.946 and sections 454.983 to 454.989
do not apply and the tribunal shall apply the procedural and substantive
law of this state. (L. 1997 S.B. 361)

Effective 7-1-97

Within thirty days after issuance of a modified child support
order, the party obtaining the modification shall file a certified copy
of the order with the issuing tribunal which had continuing, exclusive
jurisdiction over the earlier order, and in each tribunal in which the
party knows that earlier order has been registered. Failure of the party
obtaining the order to file a certified copy as required subjects that
party to appropriate sanctions by a tribunal in which the issue of
failure to file arises, but that failure has no effect on the validity or
enforceability of the modified order of the new tribunal of continuing,
exclusive jurisdiction. (L. 1997 S.B. 361)

Effective 7-1-97

(a) A tribunal of this state may serve as an initiating or
responding tribunal in a proceeding brought under sections 454.850 to
454.997 or a law or procedure substantially similar to sections 454.850
to 454.997, or a law or procedure substantially similar to the uniform
reciprocal enforcement of support act, or the revised uniform reciprocal
enforcement of support act to determine that the petitioner is a parent
of a particular child or to determine that a respondent is a parent of
that child.

(b) In a proceeding to determine parentage, a responding tribunal of this
state shall apply the procedural and substantive law of this state and
the rules of this state on choice of law. (L. 1997 S.B. 361)

Effective 7-1-97

(a) For purposes of this article, "governor" includes an
individual performing the functions of governor or the executive
authority of a state covered by sections 454.850 to 454.997.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual
found in the other state who is charged criminally in this state with
having failed to provide for the support of an obligee; or

(2) on the demand by the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with
sections 454.850 to 454.997, applies to the demand even if the individual
whose surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom. (L. 1997 S.B. 361)

Effective 7-1-97

(a) Before making demand that the governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the governor of this
state may require a prosecutor of this state to demonstrate that at least
sixty days previously the obligee had initiated proceedings for support
pursuant to sections 454.850 to 454.997 or that the proceeding would be
of no avail.

(b) If, under sections 454.850 to 454.997 or a law substantially similar
to sections 454.850 to 454.997, the uniform reciprocal enforcement of
support act, or the revised uniform reciprocal enforcement of support
act, the governor of another state makes a demand that the governor of
this state surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual
to whom a duty of support is owed, the governor may require a prosecutor
to investigate the demand and report whether a proceeding for support has
been initiated or would be effective. If it appears that a proceeding
would be effective but has not been initiated, the governor may delay
honoring the demand for a reasonable time to permit the initiation of a
proceeding.

(c) If a proceeding for support has been initiated and the individual
whose rendition is demanded prevails, the governor may decline to honor
the demand. If the petitioner prevails and the individual whose rendition
is demanded is subject to a support order, the governor may decline to
honor the demand if the individual is complying with the support order.
(L. 1997 S.B. 361)

Effective 7-1-97

Sections 454.850 to 454.997 shall be applied and construed to
effectuate its general purpose to make uniform the law with respect to
the subject of sections 454.850 to 454.997 among states enacting it. (L.
1997 S.B. 361)

Effective 7-1-97

Sections 454.850 to 454.997 may be cited as the "Uniform
Interstate Family Support Act". (L. 1997 S.B. 361)

Effective 7-1-97

If any provision of sections 454.850 to 454.997 or its
application to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of sections 454.850 to
454.997, which can be given effect without the invalid provision or
application, and to this end the provisions of 454.850 to 454.997 are
severable. (L. 1997 S.B. 361)

Effective 7-1-97

The provisions of sections 454.850 to 454.997 shall become
effective July 1, 1997, or upon its passage and approval, whichever later
occurs. (L. 1997 S.B. 361)

Effective 7-1-97

UNIFORM INTERSTATE FAMILY SUPPORT ACT CONVERSION CHART Section in RSMo
Section in UIFSA Article Section 454.850 1 101 454.853 1 102 454.855 1
103 454.857 2 201 454.860 2 202 454.862 2 203 454.865 2 204 454.867 2 205
454.869 2 206 454.871 2 207 454.874 2 208 454.877 2 209 454.880 3 301
454.882 3 302 454.885 3 303 454.887 3 304 454.890 3 305 454.892 3 306
454.895 3 307 454.897 3 308 454.900 3 309 454.902 3 310 454.905 3 311
454.907 3 312 454.910 3 313 454.912 3 314 454.915 3 315 454.917 3 316
454.920 3 317 454.922 3 318 454.927 3 319 454.930 4 401 454.932 5 501
454.934 5 502 454.936 5 503 454.938 5 504 454.941 5 505 454.943 5 506
454.946 5 507 454.948 6 601 454.951 6 602 454.953 6 603 454.956 6 604
454.958 6 605 454.961 6 606 454.963 6 607 454.966 6 608 454.968 6 609
454.971 6 610 454.973 6 611 454.976 6 612 454.978 6 613 454.981 6 614
454.983 7 701 454.986 8 801 454.989 8 802 454.991 9 901 454.993 9 902
454.995 9 903 454.997 9 904

The provisions of sections 210.822 and 210.834, RSMo, shall
apply to a proceeding under sections 454.850 to 454.997, but no other
provisions of sections 210.817 through 210.852, RSMo, shall apply. (L.
1998 S.B. 910)

As used in sections 454.1000 to 454.1025, the following terms
mean:

(1) "Arrearage", the amount created by a failure to provide:

(a) Support to a child pursuant to an administrative or judicial support
order; or

(b) Support to a spouse if the judgment or order requiring payment of
spousal support also requires payment of child support and such spouse is
the custodial parent;

(2) "Child", a person for whom child support is due pursuant to a support
order;

(3) "Court", any circuit court of the state that enters a support order
or a circuit court in which such order is registered or filed;

(4) "Director", the director of the division of child support enforcement;

(5) "Division", the division of child support enforcement of the
department of social services;

(6) "IV-D case", a case in which support rights are assigned to the state
pursuant to section 208.040, RSMo, or the division is providing support
enforcement services pursuant to section 454.425;

(7) "License", a license, certificate, registration or authorization
issued by a licensing authority granting a person a right or privilege to
engage in a business, occupation, profession, recreation or other related
privilege that is subject to suspension, revocation, forfeiture or
termination by the licensing authority prior to its date of expiration,
except for any license issued by the department of conservation. Licenses
include licenses to operate motor vehicles pursuant to chapter 302, RSMo,
but shall not include motor vehicle registrations pursuant to chapter
301, RSMo;

(8) "Licensing authority", any department, except for the department of
conservation, division, board, agency or instrumentality of this state or
any political subdivision thereof that issues a license. Any board or
commission assigned to the division of professional registration is
included in the definition of licensing authority;

(9) "Obligee":

(a) A person to whom payments are required to be made pursuant to a
support order; or

(b) A public agency of this or any other state which has the right to
receive current or accrued support payments or provides support
enforcement services pursuant to this chapter;

(10) "Obligor", a person who owes a duty of support;

(11) "Order suspending a license", an order issued by a court or the
director to suspend a license. The order shall contain the name of the
obligor, date of birth of the obligor, the type of license and the Social
Security number of the obligor;

(12) "Payment plan" includes, but is not limited to, a written plan
approved by the court or division that incorporates an income withholding
pursuant to sections 452.350, RSMo, and 454.505 or a similar plan for
periodic payment of an arrearage, and current and future support, if
applicable;

(13) "Support order", an order providing a determinable amount for
temporary or final periodic payment of support. Such order may include
payment of a determinable amount of insurance, medical or other expenses
of the child issued by:

(a) A court of this state;

(b) A court or administrative agency of competent jurisdiction of another
state, an Indian tribe, or a foreign country; or

(c) The director of the division. (L. 1997 S.B. 361)

Effective 7-1-97

1. A court or the director of the division of child support
enforcement may issue an order, or in the case of a business,
professional or occupational license, only a court may issue an order,
suspending an obligor's license and ordering the obligor to refrain from
engaging in a licensed activity in the following cases:

(1) When the obligor is not making child support payments in accordance
with a court order and owes an arrearage in an amount greater than or
equal to three months support payments or two thousand five hundred
dollars, whichever is less, as of the date of service of a notice of
intent to suspend such license; or

(2) When the obligor or any other person, after receiving appropriate
notice, fails to comply with a subpoena of a court or the director
concerning actions relating to the establishment of paternity, or to the
establishment, modification or enforcement of support orders, or order of
the director for genetic testing.

2. In any case but a IV-D case, upon the petition of an obligee alleging
the existence of an arrearage, a court with jurisdiction over the support
order may issue a notice of intent to suspend a license. In a IV-D case,
the director, or a court at the request of the director, may issue a
notice of intent to suspend.

3. The notice of intent to suspend a license shall be served on the
obligor personally or by certified mail. If the proposed suspension of
license is based on the obligor's support arrearage, the notice shall
state that the obligor's license shall be suspended sixty days after
service unless, within such time, the obligor:

(1) Pays the entire arrearage stated in the notice;

(2) Enters into and complies with a payment plan approved by the court or
the division; or

(3) Requests a hearing before the court or the director.

4. In a IV-D case, the notice shall advise the obligor that hearings are
subject to the contested case provisions of chapter 536, RSMo.

5. If the proposed suspension of license is based on the alleged failure
to comply with a subpoena relating to paternity or a child support
proceeding, or order of the director for genetic testing, the notice of
intent to suspend shall inform the person that such person's license
shall be suspended sixty days after service, unless the person complies
with the subpoena or order.

6. If the obligor fails to comply with the terms of repayment agreement,
a court or the division may issue a notice of intent to suspend the
obligor's license.

7. In addition to the actions to suspend or withhold licenses pursuant to
this chapter, a court or the director of the division of child support
enforcement may restrict such licenses in accordance with the provisions
of this chapter. (L. 1997 S.B. 361)

Effective 7-1-97

1. To show cause why suspension of a license may not be
appropriate, the obligor shall request a hearing from the court or
division that issued the notice of intent to suspend the license. The
request shall be made within sixty days of the date of service of notice.

2. If an obligor fails to respond, without good cause, to a notice of
intent to suspend a license, timely request a hearing or comply with a
payment plan, the obligor's defenses and objections shall be considered
to be without merit and the court or director may enter an order
suspending the obligor's license and ordering the obligor to refrain from
engaging in the licensed activity.

3. Upon timely receipt of a request for hearing from an obligor, the
court or director shall schedule a hearing to determine if suspension of
the obligor's license is appropriate. The court or director shall stay
suspension of the license pending the outcome of the hearing.

4. If the action involves an arrearage, the only issues that may be
determined in a hearing pursuant to this section are:

(1) The identity of the obligor;

(2) Whether the arrearage is in an amount greater than or equal to three
months of support payments or two thousand five hundred dollars,
whichever is less, by the date of service of a notice of intent to
suspend; and

(3) Whether the obligor has entered a payment plan.

If the action involves a failure to comply with a subpoena or order, the
only issues that may be determined are the identity of the obligor and
whether the obligor has complied with the subpoena or order.

5. If the court or director, after hearing, determines that the obligor
has failed to comply with any of the requirements in subsection 4 of this
section, the court or director shall issue an order suspending the
obligor's license and ordering the obligor to refrain from engaging in
the licensed activity.

6. The court or division shall send a copy of the order suspending a
license to the licensing authority and the obligor by certified mail.

7. The determination of the director, after a hearing pursuant to this
section, shall be a final agency decision and shall be subject to
judicial review pursuant to chapter 536, RSMo. Administrative hearings
held pursuant to this section shall be conducted by hearing officers
appointed by the director of the department pursuant to subsection 1 of
section 454.475.

8. A determination made by the court or division pursuant to this section
is independent of any proceeding of the licensing authority to suspend,
revoke, deny, terminate or renew a license. (L. 1997 S.B. 361)

Effective 7-1-97

1. Upon receipt of an order suspending a license, a licensing
authority shall:

(1) Determine if the licensing authority has issued a license to the
obligor whose name appears on the order;

(2) Enter the suspension as effective from the date of the order issued
by the court or division;

(3) Issue the notice of the suspension to the licensee; and

(4) If required by law, demand surrender of the suspended license.

2. An order issued by a court or the director suspending a license shall
be processed by the licensing authority without any additional review or
hearing by such licensing authority.

3. Notwithstanding the provisions of any other law regarding the
suspension, revocation, denial, termination or renewal of a license to
the contrary, an order issued by a court or the director suspending a
license shall be implemented by the licensing authority and continue
until the court or division advises the licensing authority that such
suspension has been stayed or terminated. The obligor may not appeal the
suspension of a license pursuant to sections 454.1000 to 454.1025
pursuant to any other law, including, but not limited to, section
302.311, RSMo. The exclusive procedure for appeal is provided in sections
454.1000 to 454.1025.

4. If a license is suspended, any funds paid by the obligor to the
licensing authority for costs related to issuance, renewal or maintenance
of a license shall not be refunded to the obligor.

5. Unless acting pursuant to an order of a court or the director which
stays the suspension of a license, an obligor who continues to engage in
the business, occupation, profession or other licensed activity while the
license is suspended pursuant to this section is guilty of a class A
misdemeanor, unless a penalty is otherwise provided. The division or the
licensing authority may refer the obligor to the appropriate prosecuting
or circuit attorney or the attorney general for prosecution pursuant to
this section in addition to any other remedy provided by law for engaging
in a licensed activity without a license or while a license is suspended.

6. The licensing authority shall be exempt from liability to the licensee
for activities conducted pursuant to this section.

7. The licensing authority shall not modify, remand, reverse, vacate or
stay an order of the court or director suspending a license.

8. If the license suspended is a driver's license, the obligor shall have
no rights pursuant to section 302.311, RSMo. (L. 1997 S.B. 361)

Effective 7-1-97

1. An obligor may, at any time, petition a court or the
director for an order to stay the suspension of a license. Any petition
seeking to stay an order of the director shall be served on the director.

2. The court or director may consider the obligor's petition for a stay
separately from any determination on the suspension of a license.

3. The court, but not the director, may stay suspension of a license upon
a showing that a suspension or continued suspension of a license would
create a significant hardship to the obligor, the obligor's employees,
any legal dependents residing in the obligor's household, or persons,
businesses or other entities served by the obligor.

4. The court or director may stay suspension of a license upon entry of a
payment plan or receipt of adequate assurance that the obligor shall
comply with an existing payment plan.

5. A stay shall terminate if:

(1) A court determines that the significant hardship circumstance
pursuant to subsection 3 of this section has ended;

(2) The court or division determines that the obligor has failed to abide
by the terms and conditions of a payment plan; or

(3) The order staying suspension of a license has a termination date and
such date has been reached.

6. If the licensing authority is notified of an order suspending a
license, the court or division shall send a copy of any order staying or
reimposing suspension of the license to the licensing authority and the
obligor by certified mail.

7. Upon receipt of an order staying or reimposing suspension of the
license, the licensing authority shall:

(1) Enter the information on appropriate records;

(2) Issue notice of the action to the licensee; and

(3) If required by law, demand surrender of the suspended license or
return the reinstated license.

8. No additional action by the licensing authority shall be required to
implement a stay or reinstatement of suspension of a license.

9. This section shall be the exclusive remedy for the obligor to obtain
an order staying suspension of a license pursuant to sections 454.1000 to
454.1025. Any other provisions providing for the issuance of hardship
licenses, including, but not limited to, those provided in section
302.309, RSMo, do not apply to suspensions pursuant to sections 454.1000
to 454.1025.

10. No person shall be required to file proof of financial responsibility
with the department of revenue as a condition of reinstatement of a
driver's license suspended solely pursuant to the provisions of sections
454.1000 to 454.1025.

11. Any person whose license to operate a motor vehicle in this state has
been suspended pursuant to this section shall, before having the license
reinstated, pay to the director of revenue a reinstatement fee of twenty
dollars. (L. 1997 S.B. 361)

Effective 7-1-97

1. If a court or the division determines that an arrearage has
been paid in full, or the obligor has complied with the subpoena or order
of the director, the court or division shall terminate the order
suspending the license and immediately send a copy of the order
terminating the suspension of the license to the licensing authority and
the obligor by certified mail.

2. Entry of an order terminating suspension of a license shall not
prevent a court or the director from issuing a new order suspending the
license of the same obligor in the event of another arrearage. (L. 1997
S.B. 361)

Effective 7-1-97

A licensing authority may charge the obligor a reasonable fee
for the administrative costs incurred by such licensing authority in
taking action against the obligor's license pursuant to sections 454.1000
to 454.1025. (L. 1997 S.B. 361)

Effective 7-1-97

The division shall promulgate rules necessary for the
implementation and administration of sections 454.1000 to 454.1025. No
rule or portion of a rule promulgated pursuant to the authority of this
section shall become effective unless it is promulgated pursuant to
section 536.024, RSMo. (L. 1997 S.B. 361)

Effective 7-1-97

1. Upon request by the division, all state licensing
authorities subject to sections 454.1000 to 454.1025 shall provide
specified information, on magnetic tape or other machine-readable form,
to the division pursuant to the standards established by the division
regarding applicants for licensure and all current licenses. Such
information shall include the following, if available:

(1) Name;

(2) Address of record;

(3) Date of birth;

(4) Federal employer identification number or Social Security number;

(5) Type of license;

(6) Effective date of the license or renewal;

(7) Expiration date of the license; and

(8) Active or inactive status.

2. All licensing authorities not providing the information required by
subsection 1 of this section shall, upon request by the division, provide
such information in any readable format for any licensee of the licensing
authority.

3. The provisions of this section shall, at no time, preclude the
division from requesting the information provided by a licensing
authority pursuant to section 454.440, RSMo. (L. 1997 S.B. 361)

Effective 7-1-97

The division of child support enforcement is hereby authorized,
pursuant to a cooperative agreement with the supreme court, to develop
procedures which shall permit the clerk of the supreme court to furnish
the division, at least once each year, with a list of persons currently
licensed to practice law in this state. If any such person has an
arrearage in an amount equal to or greater than three months of support
payments or two thousand five hundred dollars, the division shall notify
the clerk of the supreme court that such person has an arrearage. (L.
1997 S.B. 361)

Effective 7-1-97

By July 1, 1998, the supreme court is requested to have in
effect a rule in accordance with 42 U.S.C. section 666(a)(16) which shall
permit the suspension or other sanctioning of a law license for any
person who owes an arrearage in an amount equal to or greater than three
months of support payments or two thousand five hundred dollars,
whichever first occurs. (L. 1997 S.B. 361)

Effective 7-1-97

Notwithstanding any provision of sections 454.1000 to 454.1027
to the contrary, the following procedures shall apply between the
division of child support enforcement and the department of conservation
regarding the suspension of hunting and fishing licenses:

(1) The division of child support enforcement shall be responsible for
making the determination whether an individual's license should be
suspended based on the reasons specified in section 454.1003, after
ensuring that each individual is provided due process, including
appropriate notice and opportunity for administrative hearing;

(2) If the division of child support enforcement determines, after
completion of all due process procedures available to an individual, that
an individual's license should be suspended, the division shall notify
the department of conservation. The department or commission shall
develop a rule consistent with a cooperative agreement between the
division of child support enforcement, the department of conservation and
the conservation commission, and in accordance with 42 U.S.C. Section
666(a)(16) which shall require the suspension of a license for any person
based on the reasons specified in section 454.1003. Such suspension shall
remain in effect until the department is notified by the division that
such suspension should be stayed or terminated because the individual is
now in compliance with applicable child support laws. (L. 1997 S.B. 361)

Effective 7-1-97

For obligors that have been making regular child support
payments in accordance with an agreement entered into with the division
of child support enforcement, the license shall not be suspended while
the obligor honors such agreement. (L. 1997 S.B. 361 § 3)

Effective 7-1-97

All penalties that apply to an obligor in sections 454.1000 to
454.1029 shall also apply to any person who has, without good cause as
determined by a court with jurisdiction, denied or interfered with any
order for visitation or custody for two or more consecutive periods. Any
such penalties shall be imposed by a court with jurisdiction, and may be
modified or vacated by the court for good cause shown, and the division
shall have no jurisdiction over such matters. (L. 1998 S.B. 910)

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