Missouri Revised Statutes
Chapter 454
Enforcement of Support Law
←454.516
Section 454.517.1
454.518→
August 28, 2015
Lien on workers' compensation, when, procedure--notice, contents--enforcement of lien--duties of director of workers' compensation--mistake of fact.
454.517. 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, 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. A notice issued by the IV-D agency of this state shall advise the
obligor of the procedures to contest the lien under section 454.475 on the
grounds that such lien is improper due to a mistake of fact by requesting a
hearing within thirty days of the mailing date of 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 overdue support or an error as to the identity of the obligor. The
obligor shall have the burden of proof on such issues.
7. 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, A.L. 2010
H.B. 1692, et al.)
1997
1997
454.517. 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.
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