Mo. Rev. Stat. ch. 454 – Enforcement of Support Law | Midpage

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Revised Statutes of Missouri

Chapter 454

Mo. Rev. Stat. ch. 454

Enforcement of Support Law

454.1000Definitions 454.1003Suspension of a professional or occupational license, when, procedure 454.1005Hearing to show cause for suspension of a license, procedure 454.1008Licensing authority's responsibilities upon receipt of a suspension order 454.1010Petition to stay a suspension, grounds, procedure — reinstatement fee required, when 454.1013Termination of an order of suspension, when — new termination order may be issued, when 454.1015Fee charged by licensing authority for administrative costs permitted 454.1018Rules — promulgated by the division 454.1020Standards for licensure information provided to the division, method, contents 454.1023List of licensed attorneys to be provided to division, when — arrearages reported to supreme court clerk 454.1025Request for rules for suspension or sanctioning of law license, when 454.1027Hunting and fishing license sanctions — department of conservation 454.1029No suspension of licenses while obligor honors the support agreement 454.1031Penalties for denial or interference with visitation or custody 454.1500Short title 454.1503Definitions 454.1506State tribunal and support enforcement agency 454.1509Remedies cumulative 454.1512Application of act to resident of foreign country and foreign support proceeding 454.1515Basis for jurisdiction over nonresident 454.1518Duration of personal jurisdiction 454.1521Initiating and responding tribunal of state 454.1524Simultaneous proceedings 454.1527Continuing, exclusive jurisdiction to modify child support orders 454.1530Continuing jurisdiction to enforce child support order 454.1533Determination of controlling child support order 454.1536Child support orders for two or more obligees 454.1539Credit for payments 454.1542Application of act to nonresident subject to personal jurisdiction 454.1545Continuing, exclusive jurisdiction to modify spousal support order 454.1548Proceedings under act 454.1551Proceeding by minor parent 454.1554Application of law of state 454.1557Duties of initiating tribunal 454.1560Duties and powers of responding tribunal 454.1563Inappropriate tribunal 454.1566Duties of support enforcement agency 454.1569Duty of state official or agency 454.1572Private counsel 454.1575Duties of state information agency 454.1578Pleadings and accompanying documents 454.1581Nondisclosure of information in exceptional circumstances 454.1584Costs and fees 454.1587Limited immunity of petitioner 454.1590Nonparentage as defense 454.1593Special rules of evidence and procedure 454.1596Communications between tribunals 454.1599Assistance with discovery 454.1602Receipt and disbursement of payments 454.1605Establishment of support order 454.1608Proceeding to determine parentage 454.1611Employer's receipt of income withholding order of another state 454.1614Employer's compliance with income withholding order of another state 454.1617Employer's compliance with two or more income withholding orders 454.1620Immunity from civil liability 454.1623Penalties for noncompliance 454.1626Contest by obligor 454.1629Administrative enforcement of orders 454.1632Registration of order for enforcement 454.1635Procedure to register order for enforcement 454.1638Effect of registration for enforcement 454.1641Choice of law 454.1644Notice of registration of order 454.1647Procedure to contest validity or enforcement of registered support order 454.1650Contest of registration or enforcement 454.1653Confirmed order 454.1656Procedure to register child support order of another state for modification 454.1659Effect of registration for modification 454.1662Modification of child support order of another state 454.1665Recognition of order modified in another state 454.1668Jurisdiction to modify child support order of another state when individual parties reside in this state 454.1671Notice to issuing tribunal of modification 454.1674Jurisdiction to modify child support of foreign country 454.1677Procedure to register child support order of foreign country for modification 454.1680Definitions 454.1683Applicability 454.1686Relationship of governmental entity to United States authority 454.1689Initiation by governmental entity of support proceeding under convention 454.1692Direct request 454.1695Registration of convention support order 454.1698Contest of registered convention support order 454.1701Recognition and enforcement of registered convention support order 454.1704Partial enforcement 454.1707Foreign support agreement 454.1710Modification of convention child support order 454.1713Personal information — limit on use 454.1716Record in original language — English translation 454.1719Grounds for rendition 454.1722Conditions of rendition 454.1725Uniformity of application and construction 454.1727Severability 454.1728Effective date 454.1730Applicability of certain state laws 454.390Enforcing a support order from another state, response to a request, contents of the request 454.395Forms for income withholding, liens and subpoenas 454.400Family support division established — duties, powers — rules, procedure 454.401Power to administer oaths, issue subpoenas, compel witnesses and produce documents 454.402Equipment purchased by county for support enforcement to be property of county 454.403Social Security number required on all license, permit or certificate applications 454.405Enforcement of support obligations, counties to cooperate — agreements, contents, funding, cancellation — prosecuting attorneys, additional staff, funds 454.408Duties of the family support division 454.410Assignment of support rights, obligation to state, when 454.412State case registry established, records kept 454.413Filing with the state case registry, when 454.415Definitions — assignment of support rights to division, procedure — clerk of court or family support payment center made trustee, when, duties — termination of assignment, effect of 454.420Legal actions to establish or enforce support obligations, brought, by whom, procedure — assignment to division terminates, when, effect — money collected, where deposited 454.425Support enforcement services by division, when, for whom — fees, when allowed 454.430IV-D agency, defined — clerk of court or family support payment center to serve as trustee, when, duties — termination of trustee responsibilities by division, procedure 454.432Circuit clerk, recording of credits for amounts not received, restrictions, credits on state debt for job training and education, conditions and restrictions 454.433Order of foreign courts, notification by division, duties of circuit clerk — clerk or family support payment center trustee, duty to keep records 454.435Prosecuting attorneys, cooperative or multiple county agreement, duties — other attorneys may prosecute, when 454.440Definitions — division may use parent locator service, when — financial entities to provide information, when, penalty for refusal, immunity — statement of absent parents, contents — prohibited acts, penalties — confidentiality of records, exceptions, penalties 454.445Fees for certain actions and documents, division not required to pay 454.450Support money owed state due, when, failure to pay within time limit, rights of family services — agreements for collection of support, invalid, when, fee allowed person making collection, when, amount — depriving division of support payments, penalty 454.455Assignments by caretaker relatives, terminate, when, exceptions — caretaker relative defined 454.460Definitions 454.465State debt, defined, calculation — rights of division regarding state debts — service of process, procedure 454.470Director to issue notice and finding of financial responsibility, when, procedure, contents — computation of periodic future support — hearing, when, failure of parent to request, result 454.472No suit maintained if child support is current 454.475Administrative hearing, procedure, effect on orders of social services — support, how determined — failure of parent to appear, result — judicial review — errors and vacation of orders 454.476Administrative orders may be issued, when — duties of director — hearing 454.478Summary of expenses required, when 454.485Paternity order, establishing — entered when — genetic testing required when — docketing of order, result — copies to be sent to bureau of vital records of department of health and senior services — defense of nonpaternity — decision, how rendered 454.490Orders entered by director, docketing of, effect 454.495Circuit clerk or family support payment center made trustee, when, duties — assignment, defined 454.496Motion to modify order, review — form of motion, service, procedure — effective, when — venue for judicial review of administrative order, procedure 454.498Director's duty to modify a child support order — automated methods used for eligibility for modification 454.500Modification of an administrative order, procedure, effect — relief from orders, when 454.501Support, courts, jurisdiction, effect of determinations 454.505Garnishment of wages, when, procedure, limitations — notice to employer, contents — employer, duties, liabilities — priorities — discharge of employee prohibited, when, penalties for — orders issued by another state, laws to govern 454.507Financial institutions, division may request information, when, fees — definitions — data match system — notice of lien, procedure — jointly owners — fees — immunity from liability, when 454.510Supreme court to provide rules for certain hearings 454.511Denial of a passport for child support arrearage, when — mistake of fact, defined 454.512Consumer reporting agency, defined — division reports to agencies of delinquent support — duties of division — notice, when 454.513Attorney representation exclusive — attorney/client relationship not to exist, when — notice to party not represented by attorney, when 454.514Lien on obligor's share of a decedent's estate, when, procedure — notice, contents, filed where — personal representative liable on bond for failure to pay — notice to lienholder or payor required, when 454.515Order for child support, lien on real estate, when, procedure — duration, priority, revival, release, when 454.516Lien on motor vehicles, boats, motors, manufactured homes and trailers, when, procedure — notice, contents — registration of lien, restrictions, removal of lien — public sale, when — good faith purchasers — child support lien database to be maintained 454.517Lien on workers' compensation, when, procedure — notice, contents — enforcement of lien — duties of director of workers' compensation — mistake of fact 454.518Lien on law suits, claims or counterclaims, when, procedure — notice, contents — liability of persons making payment or settlement after notice — duties of clerk 454.519Lien on rights of action for personal injury or negligence, when, procedure — notice, contents — liability of persons making payment or settlement after notice 454.520Delinquent child support and maintenance, interest on, rate, how computed — execution for interest, when, procedure 454.522Subordination of liens, when 454.525Obligor, defined — conveyances of entirety, property set aside, when — hearing, presumption, burden of proving good faith 454.528Execution on jointly held property, when, procedure — obligor defined — parties to action — attorney's fees, assessed against whom 454.530Family support payment center established by the division for child support orders — disbursement of child support — business day, defined — electronic funds transfer system 454.531Recovery of erroneously paid child support, procedures — penalty 454.533Family support trust fund established 454.536Records of payments and disbursements kept by division — clerks to certify records, when — non IV-D cases, procedure 454.539Admissibility of payment center records — certification by the director 454.542Compliance with subpoenas 454.545Rebuttable presumption for authenticity of certain judicial orders and documents 454.548Processing fee permitted, amount 454.551Certified or guaranteed check required, when — fee for insufficient funds checks, amount 454.554Notice to obligor, when — contempt motion filed, when 454.557Obligations not recorded in automated system, when 454.559Payments made to center upon request 454.560Endorsement of negotiable instruments, when 454.565Report to the general assembly, when 454.600Definitions 454.603Health benefit plan may be required — terms — order of coverage — liability for expenses not covered — abatement, termination of coverage 454.606Notice to employer or union, National Medical Support Notice to be used — notice, how delivered — division duties 454.609Notice to obligor, contents — grounds for contesting, hearing 454.612Written proof of obligor's compliance with order — forwarding to union or employer 454.615Employer or union to transfer order to group health plan — duties of plan administrator 454.618Enrolling of child as eligible dependent in health benefit plan, withholding of contributions — provision of information and authorization — denial or restriction of coverage, prohibited, when 454.621No change of coverage required 454.624Payment of benefit due, discharge from liability 454.627Termination of obligor's employment or coverage, notification of obligee 454.630Release of information 454.633Failure to maintain coverage, liability, effect — parents' joint liability for medical care — action to collect percentage 454.636Order of income withholding, priority — current obligation 454.639Collection and enforcement — remedies — modification 454.642Compliance by employer or union, discharge of liability — termination of order 454.645Discharge, discipline prohibited — rebuttable presumption — civil contempt proceeding authorized, procedure 454.700Insurer to permit enrollment, when — duties of employer — garnishment of income permitted, when 454.849Effective date of repeal of act