Missouri Department of Social Services, Family Support Division v. J & J Industrial Supply, Inc.
459 S.W.3d 478
| Mo. Ct. App. | 2015Background
- J&J Industrial Supply, employer of Charles White, received five Division income-withholding orders (2006–2010) directing withholding for White’s child-support arrears; White did not contest them.
- J&J combined multiple employees’ withholdings into periodic lump-sum checks and failed to itemize; between 2006 and 2013 it paid $18,856.96 of $57,832.50 owed, leaving $39,003.54 unpaid.
- In March 2013 the Division sued J&J under § 454.505.8 to recover withheld-but-not-paid amounts; J&J moved to join White as a necessary party, which the trial court denied.
- At trial the Division introduced its arrearage records and a witness explaining withholding procedures; J&J’s owner testified he tried to comply but did not verify allocations or contact the Division.
- The trial court entered judgment against J&J for $39,003.54, finding J&J failed to comply with the withholding orders; it declined to impose statutory fines or fees.
Issues
| Issue | Plaintiff's Argument (J&J) | Defendant's Argument (Division) | Held |
|---|---|---|---|
| Whether obligor (White) was a necessary party under Rule 52.04 | White has an interest in the subject (child support) and must be joined to avoid inconsistent or multiple obligations | § 454.505 creates independent employer liability; White has no direct interest in an action enforcing employer withholding obligations | Court: White not necessary; employer liability is distinct and joining not required |
| Whether Division’s statements of arrears were insufficient and deprived J&J of due process | J&J lacked opportunity to verify allocations and could attack accuracy of underlying orders; trial evidence rebutted arrearages | Employer lacks standing to relitigate the underlying child-support orders; J&J received notice and chance to be heard; statutory prima facie evidence applies | Court: Evidence supported judgment; no preserved due-process claim and J&J’s rebuttal failed |
Key Cases Cited
- Murphy v. Carrón, 536 S.W.2d 30 (Mo. Banc 1976) (standard of appellate review for sufficiency and weight of evidence)
- Dunahee v. Chenoa Welding & Fabrication, Inc., 652 N.E.2d 438 (Ill. App. 1995) (employer cannot rely on agency to detect employer withholding errors; employer duty to comply)
- Mayes v. St. Luke’s Hospital of Kansas City, 430 S.W.3d 260 (Mo. 2014) (preservation requirement for constitutional claims on appeal)
- Sauvain v. Acceptance Indem. Ins. Co., 437 S.W.3d 296 (Mo. App. W.D. 2014) (appellate deference to trial court on factual findings)