reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.425 - Support enforcement services by division, when, for whom — fees, when allowed.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.425. Support enforcement services by division, when, for whom — fees, when allowed. —
The family support division 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.
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(L. 1982 S.B. 468 § 6, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 2014 H.B. 1299 Revision)
(2011) Section authorizes Department of Social Services to enter child support orders on behalf of persons who are not citizens of the United States. Lajeunesse v. State of Missouri, Department of Social Services, 350 S.W.3d 842 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.433 - Order of foreign courts, notification by division, duties of circuit clerk — clerk or family support payment center trustee, duty to keep records.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.433. Order of foreign courts, notification by division, duties of circuit clerk — clerk or family support payment center trustee, duty to keep records. —
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 family support division or who is receiving child support services pursuant to section 454.425, the family support division 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.
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(L. 1996 H.B. 992, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
*Section 454.850 was repealed by H.B. 1550 and S.B. 905 & 992, 2016.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.435 - Prosecuting attorneys, cooperative or multiple county agreement, duties — other attorneys may prosecute, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.435. Prosecuting attorneys, cooperative or multiple county agreement, duties — other attorneys may prosecute, when. —
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 family support division 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, 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.
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(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, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.445 - Fees for certain actions and documents, division not required to pay.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.445. Fees for certain actions and documents, division not required to pay. —
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 family support division, or any attorney bringing action pursuant to a referral by the family support division, 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.
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(L. 1982 S.B. 468 § 10, A.L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.455 - Assignments by caretaker relatives, terminate, when, exceptions — caretaker relative defined.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014, 2 histories
454.455. Assignments by caretaker relatives, terminate, when, exceptions — caretaker relative defined. —
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 family support division 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.
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 payer to change the payee to the caretaker relative or appropriate state agency. An order changing the payee to a caretaker relative 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 or the state.
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 payer to change the payee to the appropriate state agency.
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(L. 1982 S.B. 468 § 12, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910, A.L. 2007 S.B. 25, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.472 - No suit maintained if child support is current.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.472. No suit maintained if child support is current. —
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 family support division 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.
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(L. 1998 S.B. 910 § 2, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.476 - Administrative orders may be issued, when — duties of director — hearing.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.476. Administrative orders may be issued, when — duties of director — hearing. —
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.
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(L. 1986 H.B. 1479, A.L. 1997 S.B. 361)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.478 - Summary of expenses required, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.478. Summary of expenses required, when. —
In cases where an administrative order is entered pursuant to the provisions of section 454.470 or section 454.476, the director of the family support division 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.
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(L. 1998 S.B. 910, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.495 - Circuit clerk or family support payment center made trustee, when, duties — assignment, defined.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.495. Circuit clerk or family support payment center made trustee, when, duties — assignment, defined. —
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 family support division 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.
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(L. 1982 S.B. 468 § 20, A.L. 1986 H.B. 1479, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.498 - Director's duty to modify a child support order — automated methods used for eligibility for modification.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.498. Director's duty to modify a child support order — automated methods used for eligibility for modification. —
1. Notwithstanding section 452.370 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.
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(L. 1997 S.B. 361)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.501 - Support, courts, jurisdiction, effect of determinations.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 1984
454.501. Support, courts, jurisdiction, effect of determinations. —
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.
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(L. 1984 H.B. 1275)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.510 - Supreme court to provide rules for certain hearings.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 1982
454.510. Supreme court to provide rules for certain hearings. —
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
*
.
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(L. 1982 S.B. 468 § 23)
*"This act" (S.B. 468, 1982) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.511 - Denial of a passport for child support arrearage, when — mistake of fact, defined.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2007
454.511. Denial of a passport for child support arrearage, when — mistake of fact, defined. —
The division may certify a person who owes a child support arrearage in excess of the amount set forth in 42 U.S.C. 654(31) 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.
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(L. 1997 S.B. 361, A.L. 2007 S.B. 25)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.512 - Consumer reporting agency, defined — division reports to agencies of delinquent support — duties of division — notice, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.512. Consumer reporting agency, defined — division reports to agencies of delinquent support — duties of division — notice, when. —
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.
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(L. 1986 H.B. 1479, A.L. 1997 S.B. 361)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.513 - Attorney representation exclusive — attorney/client relationship not to exist, when — notice to party not represented by attorney, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.513. Attorney representation exclusive — attorney/client relationship not to exist, when — notice to party not represented by attorney, when. —
1. Any attorney initiating any legal proceedings at the request of the Missouri family support division shall represent the state of Missouri, department of social services, family support division 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 family support division.
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.
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(L. 1993 S.B. 253 § 1, A.L. 1997 S.B. 361, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.514 - Lien 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.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.514. Lien 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. —
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.
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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.515 - Order for child support, lien on real estate, when, procedure — duration, priority, revival, release, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2010
454.515. Order for child support, lien on real estate, when, procedure — duration, priority, revival, release, when. —
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. 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 last four digits of 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.
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(L. 1982 S.B. 468 § 24, A.L. 1984 H.B. 1275, A.L. 1997 S.B. 361, A.L. 2010 H.B. 2056)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.518 - Lien on law suits, claims or counterclaims, when, procedure — notice, contents — liability of persons making payment or settlement after notice — duties of clerk.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.518. Lien on law suits, claims or counterclaims, when, procedure — notice, contents — liability of persons making payment or settlement after notice — duties of clerk. —
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, 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.
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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.519 - Lien on rights of action for personal injury or negligence, when, procedure — notice, contents — liability of persons making payment or settlement after notice.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1997, see footnote
454.519. Lien on rights of action for personal injury or negligence, when, procedure — notice, contents — liability of persons making payment or settlement after notice. —
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, 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.
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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.522 - Subordination of liens, when.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 1998
454.522. Subordination of liens, when. —
1. The director of revenue shall subordinate any lien filed pursuant to the provisions of subsection 1 of section 143.902, or any lien filed pursuant to the provisions of subsection 1 of section 144.380, 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 or subsection 1 of section 144.380 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 or subsection 1 of section 144.380 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 or subsection 1 of section 144.380 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, or the payment thereof, shall be considered a criminal offense which may be prosecuted pursuant to section 143.911, 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, or the payment thereof, shall be considered a violation subject to the penalties provided in sections 144.500 and 144.510.
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(L. 1998 S.B. 910 § 7)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.525 - Obligor, defined — conveyances of entirety, property set aside, when — hearing, presumption, burden of proving good faith.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 1986
454.525. Obligor, defined — conveyances of entirety, property set aside, when — hearing, presumption, burden of proving good faith. —
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.
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.
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(L. 1986 H.B. 1479 § 2)
*Word "or" appears in original rolls.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.531 - Recovery of erroneously paid child support, procedures — penalty.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 28 Aug 2014
454.531. Recovery of erroneously paid child support, procedures — penalty. —
1. Whenever a parent or other person receives support moneys for a child paid to him or her by the family support division under 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, 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.
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(L. 1998 S.B. 910 § 4, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.533 - Family support trust fund established.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1999, see footnote
454.533. Family support trust fund established. —
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.
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(L. 1999 S.B. 291)
Effective 7-01-99
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.536 - Records of payments and disbursements kept by division — clerks to certify records, when — non IV-D cases, procedure.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1999, see footnote
454.536. Records of payments and disbursements kept by division — clerks to certify records, when — non IV-D cases, procedure. —
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, 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.
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(L. 1999 S.B. 291)
Effective 7-01-99
*Word "garnishments" appears in original rolls.
2023 Missouri Revised Statutes › Title XXX - Domestic Relations › Chapter 454 - Enforcement of Support Law › Section 454.539 - Admissibility of payment center records — certification by the director.

Title XXX DOMESTIC RELATIONS
Chapter 454
• Effective - 01 Jul 1999, see footnote
454.539. Admissibility of payment center records — certification by the director. —
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.
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(L. 1999 S.B. 291)
Effective 7-01-99