PURPOSE: This rule enhances the enforcement of support obligations by providing a quick and effective procedure for withholding income derived in Missouri to enforce support orders of other jurisdictions and by requiring that income withholding, to enforce support orders obtained in Missouri, be sought in other jurisdictions. This rule shall be construed liberally to effect that purpose.

1. (1) General Provisions.

   1. (A) Definitions. As used in this rule—

      1. 1. Agency means the Division of Child

Support Enforcement of this state and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this rule, including the issuance and enforcement of support orders;

1. 2. Child means any child, whether

above or below the age of majority, with respect to whom a support order exists;

1. 3. Court means the circuit court of this

state and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this rule, including the issuance and enforcement of support orders;

1. 4. Income derived in Missouri means

any income, the payor of which is subject to the jurisdiction of Missouri for the purpose of imposing and enforcing income withholding under Chapters 452 and 454, RSMo;

1. 5. Income means any form of payment

to an individual, regardless of source, including, but not limited to, wages, salary, commissions, compensation as an independent contractor, Workers’ Compensation, disability, annuity and retirement benefits, tax refunds, unemployment insurance benefits and any other payments made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by Public Act; provided, however, that income excludes—

1. A. Any amounts required by law to be

withheld, other than creditor claims, including, but not limited to, federal, state and local taxes, Social Security and other retirement and disability contributions;

1. B. Union dues;
2. C. Any amounts exempted by federal,

state or local law; and

1. D. Public assistance payments;
2. 6. Jurisdiction means any state or polit-

ical subdivision, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico and any other state, foreign country or territory in which this or a substantially similar reciprocal law, regulation or order has been enacted; foreign support decrees will be recognized under this rule only if withholding or a similar remedy would be required under the facts of the case in that country and reasonable notice and opportunity to be heard is given to all affected persons at the time of the support decree;

1. 7. Obligee means any person or entity

which is entitled to receive support under an order of support and shall include the Division of Family Services and agencies of other jurisdictions to which a person has assigned his/her right to support;

1. 8. Obligor means any person required to

make payments under the terms of a support order for a child, spouse or former spouse;

1. 9. Payor means any payor of income;

and

1. 10. Support order means any order,

decree or judgment for the support or for the payment of arrearages on such support, of a child, spouse or former spouse issued by a court or agency of Missouri or another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil protection, juvenile, foster care or otherwise.

1. (B) Remedies Additional to Those Now Existing. The remedy provided is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this rule shall not be denied, delayed or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy or because of the pendency of any other judicial or administrative action undertaken in Missouri or any other jurisdiction to establish, modify or enforce a support order.

1. (2) Initiation of Income Withholding and Cooperation with Other Jurisdictions. On behalf of any person for whom the Division of Child Support Enforcement is already providing services or upon application of a Missouri resident who is an obligee or obligor of a support order issued by this state or an agency to whom the obligee has assigned support rights, the Division of Child Support 13 CSR 30-4

Enforcement shall request the agency or court of another jurisdiction, in which the obligor of a support order derives income, to enter the order for the purpose of obtaining income withholding against this income. The Division of Child Support Enforcement shall compile and transmit to the agency or court of the other jurisdiction all documentation required to enter a support order for this purpose. The Division of Child Support Enforcement shall transmit the withholding request and documentation within twenty (20) calendar days of determining that wage withholding is required and receiving any information necessary to carry out the withholding if appropriate. The Division of Child Support Enforcement also shall immediately transmit to the agency or court of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the Division of Child Support Enforcement receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time and place of the hearing and of the obligee’s right to attend.

1. (3) Responsibilities for Entering a Support Order of Another Jurisdiction for Purposes of Income Withholding.

   1. (A) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (3)(B) from an agency or court of the jurisdiction or an obligee, the Division of Child Support Enforcement shall enter an administrative order in accordance with section 454.476, RSMo. The administrative order shall constitute entry of the support order under this rule.

   2. (B) The following documentation is required for the entry of a support order of another jurisdiction:

      1. 1. A certified copy of the court order

together with all modifications;

1. 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;

1. 3. A statement of the name, last known

address and, if known, the Social Security number of the obligor;

1. 4. A statement of the name and address

of the obligor’s employer or other payor, if known;

1. 5. A copy of the portion of the income

withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

1. 6. The name and address of the agency,

court or person to whom support payments collected by income withholding shall be transmitted; and

1. 7. The name and address of the obligee

to whom the support obligation is owed.

1. (C) If the documentation received by the Division of Child Support Enforcement under subsection (3)(A) does not conform to the requirements of subsection (3)(B), the Division of Child Support Enforcement shall remedy any defect which it can without the assistance of the requesting agency or person. If the Division of Child Support Enforcement is unable to make these corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The Division of Child Support Enforcement shall accept the documentation required by subsections (3)(A) and

1. (B) even if it is not in the usual form required by state or local rules, so long as the substantive requirements of subsections (3)(A) and (B) are met.

   1. (D) A support order entered under section
2. (3) shall be enforceable by income withholding against income derived in this state in the manner and with the effect as set forth in sections (4)—(11) of this rule; Chapter 454, RSMo; and for the purpose of interception of Missouri State Income Tax refunds pursuant to section 143.781, RSMo. Neither the entry of the order by the agency nor the filing of that order in circuit court pursuant to section 454.490, RSMo shall confer jurisdiction on the Division of Child Support Enforcement or circuit courts of this state for the purpose of determining or ruling upon any disputes concerning custody of children, visitation, modification of any support order or for any purpose other than income withholding. Where a state tax refund is involved, the hearing provisions of Chapter 143, RSMo shall apply in lieu of those established in this rule.

3. (4) Notice.

   1. (A) Upon a support order being entered pursuant to section (3), the Division of Child Support Enforcement shall serve upon the obligor, in accordance with section 454.476.2., RSMo, notice of an income withholding. Where appropriate, that notice shall contain the same information required in section 454.470, RSMo. The notice also shall advise the obligor that the income withholding was requested on the basis of a support order of another jurisdiction. Notice will be deemed to have been provided to the obligor upon his/her receipt of the notice required under this subsection. The obligor will be deemed to have received the notice on the date it is delivered by certified mail, whether or not the obligor accepts the delivery.
   2. (B) The obligor shall have fourteen (14) days from receipt of the notice to request a hearing to contest the income withholding. If the obligor is granted a hearing to contest the proposed income withholding, the Division of Child Support Enforcement shall immediately notify the requesting agency, court or obligee of the date, time and place of the hearing and of the obligee’s right to attend the hearing. The withholding order will be implemented during the pendency of the hearing unless the obligor posts a bond or other security satisfactory to the director to insure payment of support.

4. (5) Income Withholding Hearing.

   1. (A) At any hearing contesting proposed income withholding based on a support order entered under section (3), the entered order, accompanying sworn or certified statement and a certified copy of an income withholding order, if any still in effect, shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amounts of current support and arrearages are as stated and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.
   2. (B) Once a prima facie case has been 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.
   3. (C) If the obligor presents evidence which constitutes a full or partial defense, the Division of Child Support Enforcement may continue the case to permit further evidence relative to the defense to be adduced by either party. The Division of Child Support Enforcement shall determine those matters still in dispute as soon as possible and, if appropriate, shall modify the withholding order to conform to that resolution.
   4. (D) In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state or jurisdiction, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the Division of Child Support Enforcement by telephone or photographic means. The Division of Child Support Enforcement on its own motion may direct that the testimony of a person be taken in another state or jurisdiction and may prescribe the manner in which and the terms upon which the testimony shall be taken.
   5. (E) The Division of Child Support Enforcement may request the appropriate court or agency of another state or jurisdiction to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that jurisdiction and to forward to the Division of Child Support Enforcement certified copies of the evidence adduced in compliance with the request.
   6. (F) Upon request of a court or agency of another state or jurisdiction, the Division of Child Support Enforcement may order a person in this state to appear at a hearing or deposition before the Division of Child Support Enforcement to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the evidence adduced, such as a transcript or video tape, shall be forwarded by the Division of Child Support Enforcement to the requesting court or agency.
   7. (G) A person within this state may voluntarily testify by statement or affidavit in this state for use in a proceeding to obtain income withholding outside this state.
5. (6) Income Withholding Order. Upon entry of the support order under section (3) of this rule, a wage withholding order shall be issued to the payor of obligor by the agency pursuant to section 454.476, RSMo (House Bill 1479). The Division of Child Support Enforcement shall notify the requesting agency or person of the date upon which withholding will begin.
6. (7) Notice to Payor and Other Provisions. The provisions of section 454.505, RSMo apply to income withholding based on a support order of another jurisdiction entered under this rule.

7. (8) Distribution of Collected Support Payments.

   1. (A) The income withholding order shall direct payment to be made to the clerk of the circuit court of the county where the withholding order is filed pursuant to sections 454.490 and 454.505, RSMo. The circuit court clerk shall promptly transmit payments received pursuant to an income withholding order based on a support order of another jurisdiction entered under this rule to the agency or person designated in paragraph (3)(B)6. of this rule.
   2. (B) A support order entered pursuant to section (3) does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state or jurisdiction. Amounts collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this state or by a sister state or jurisdiction.

8. (9) Changes.

   1. (A) Changes in Original Order. The Division of Child Support Enforcement, upon receiving a certified copy of any amendment or modification of a support order entered pursuant to section (3) of this rule, shall enter the amended or modified support order pursuant to the provisions of section (3). The Division of Child Support Enforcement shall amend or modify the income withholding order to conform to the amended or modified support order.
   2. (B) Changes in Jurisdiction. If the Division of Child Support Enforcement determines that the obligor has obtained employment in another state or jurisdiction or has a new or additional source of income in another state or jurisdiction, it shall notify the agency which requested the income withholding of the changes within five (5) working days of receiving that information and shall forward to that agency all information it has or can obtain with respect to the obligor’s new employer, address or other source of income. The Division of Child Support Enforcement shall include with the notice a certified copy of the income withholding order in effect in this state.
   3. (C) The obligor shall notify the Division of Child Support Enforcement of any change in his/her address or employment within ten
9. (10) days of the change.
10. (10) Voluntary Income Withholding. Any obligor may obtain voluntary income withholding by filing with the Division of Child Support Enforcement a request for the withholding and a certified copy of the support order. The Division of Child Support Enforcement shall enter the support order and file it in circuit court pursuant to 454.490, RSMo. Upon the filing, employers or other payors shall honor any voluntary assignment of income executed by the obligor pursuant to section 452.350, RSMo.

11. (11) Choice of Law.

    1. (A) The local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by a court or agency of this state, which is based upon a support order of another jurisdiction entered pursuant to section (3), except as provided in subsections (11)(B) and (C).

    2. (B) The local law of the jurisdiction which issued the support order shall govern the following:

       1. 1. The interpretation of the support

order entered under section (3), including amount, form of payment and the duration of support;

1. 2. The amount of support arrearages

necessary to require the issuance of an income withholding order; and

1. 3. The definition of what costs, in addi-

tion to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including, but not limited to, interest, attorney’s fees, court costs and costs of paternity testing.

1. (C) The Division of Child Support Enforcement and the circuit court shall apply either the applicable statute of limitations of this state or of the jurisdiction which issued the support order entered under this rule, whichever is longer.

AUTHORITY: section 454.400, RSMo Supp. 1990.* Emergency rule filed Sept. 17, 1986, effective Sept. 27, 1986, expired Jan. 25, 1987. Original rule filed Oct. 16, 1986, effective Jan. 30, 1987.Emergency rule filed Feb. 16, 1993, effective Feb. 26, 1993, expired June 25, 1993. Emergency amendment filed April 13, 1993, effective June 22, 1993, expired Oct. 19, 1993. Amended: Filed Feb. 16, 1993, effective Aug. 9, 1993.

*Original authority 454.400, RSMo 1982, amended 1985, 1986, 1990.