Missouri Revised Statutes













Chapter 452

Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

←452.347

Section 452.350.1

452.354→

August 28, 2015

Withholding of income, voluntary or court may order, when, when effective--hearing, when--employer, duties, liabilities, fee--discharge or discipline of employee because of a withholding notice prohibited, penalty--civil contempt proceeding authorized--amendment, termination and priorities of withholdings.

452.350. 1. Until January 1, 1994, except for orders entered or

modified in IV-D cases, each order for child support or maintenance entered

or modified by the court pursuant to the authority of this chapter, or

otherwise, shall include a provision notifying the person obligated to pay

such support or maintenance that, upon application by the obligee or the

Missouri family support division of the department of social services, the

obligor's wages or other income shall be subject to withholding without

further notice if the obligor becomes delinquent in maintenance or child

support payments in an amount equal to one month's total support

obligation. The order shall also contain provisions notifying the obligor

that:



(1) The withholding shall be for the current month's maintenance and

support; and



(2) The withholding shall include an additional amount equal to fifty

percent of one month's child support and maintenance to defray delinquent

child support and maintenance, which additional withholding shall continue

until the delinquency is paid in full.



2. For all orders entered or modified in IV-D cases, and effective

January 1, 1994, for every order for child support or maintenance entered

or modified by the court pursuant to the authority of this chapter, or

otherwise, income withholding pursuant to this section shall be initiated

on the effective date of the order, except that such withholding shall not

commence with the effective date of the order in any case where:



(1) One of the parties demonstrates, and the court finds, that there

is good cause not to require immediate income withholding. For purposes of

this subdivision, any finding that there is good cause not to require

immediate withholding must be based on, at least, a written determination

and an explanation by the court that implementing immediate wage

withholding would not be in the best interests of the child and proof of

timely payments of previously ordered support in cases involving the

modification of support orders; or



(2) A written agreement is reached between the parties that provides

for an alternative arrangement. If the income of an obligor is not

withheld as of the effective date of the support order, pursuant to

subdivision (1) or (2) of this subsection, or otherwise, such obligor's

income shall become subject to withholding pursuant to this section without

further exception on the date on which the obligor becomes delinquent in

maintenance or child support payments in an amount equal to one month's

total support obligation. Such withholding shall be initiated in the

manner provided in subsection 4 of this section. All IV-D orders entered

or modified by the court shall contain a provision notifying the obligor

that he or she shall notify the family support division regarding the

availability of medical insurance coverage through an employer or a group

plan, provide the name of the insurance provider when coverage is

available, and inform the division of any change in access to such

insurance coverage. Any income withheld pursuant to this section for a

support order initially entered on or after October 1, 1999, shall be paid

to the payment center pursuant to section 454.530. Any order of the court

entered on or after October 1, 1999, establishing the withholding for a

support order as defined in section 454.460, or notice from the clerk

issued on or after October 1, 1999, pursuant to this section for a support

order shall require payment to the payment center pursuant to section

454.530.



3. The provisions of section 432.030 to the contrary notwithstanding,

if income withholding has not been initiated on the effective date of the

initial or modified order, the obligated party may execute a voluntary

income assignment at any time, which assignment shall be filed with the

court and shall take effect after service on the employer or other payer.



4. The circuit clerk, upon application of the obligee or the family

support division, shall send, by certified mail, return receipt requested,

a written notice to the employer or other payer listed on the application

when the obligated party is subject to withholding pursuant to the child

support order or subsection 2 of this section. For orders entered or

modified in cases known by the circuit clerk to be IV-D cases in which

income withholding is to be initiated on the effective date of the order,

and effective January 1, 1994, for all orders entered or modified by the

court in which income withholding is to be initiated on the effective date

of the order, the circuit clerk shall send such notice to the employer or

other payer in the manner provided by this section at the time the order is

entered without application of any party when an employer or other payer is

identified to the circuit clerk by inclusion in the pleadings pursuant to

section 452.312, or otherwise. The notice of income withholding shall be

prepared by the person entitled to support pursuant to the order, or the

legal representative of that person, on a form prescribed by the court, and

shall be presented to the clerk of the court at the time the order of

support is entered. The notice shall direct the employer or other payer to

withhold each month an amount equal to one month's child support and

maintenance until further notice from the court. In the event of a

delinquency in child support or maintenance payments in an amount equal to

one month's total support obligation, the notice further shall direct the

employer or other payer to withhold each month an additional amount equal

to fifty percent of one month's child support and maintenance until the

support delinquency is paid in full. The notice shall also include a

statement of exemptions which may apply to limit the portion of the

obligated party's disposable earnings which are subject to the withholding

pursuant to federal or state law and notify the obligor that the obligor

may request a hearing and related information pursuant to this section.

The notice shall contain the Social Security number of the obligor if

available. The circuit clerk shall send a copy of this notice by regular

mail to the last known address of the obligated party. A notice issued

pursuant to this section shall be binding on the employer or other payer,

and successor employers and payers, two weeks after mailing, and shall

continue until further order of the court or the family support division.

If the notice does not contain the Social Security number of the obligor,

the employer or other payer shall not be liable for withholding from the

incorrect obligor. The obligated party may, within that two-week period,

request a hearing on the issue of whether the withholding should take

effect. The withholding shall not be held in abeyance pending the outcome

of the hearing. The obligor may not obtain relief from the withholding by

paying overdue support, if any. The only basis for contesting the

withholding is a mistake of fact. For the purpose of this section,

"mistake of fact" shall mean an error in the amount of arrearages, if

applicable, or an error as to the identity of the obligor. The court shall

hold its hearing, enter its order disposing of all issues disputed by the

obligated party, and notify the obligated party and the employer or other

payer, within forty-five days of the date on which the withholding notice

was sent to the employer.



5. For each payment the employer may charge a fee not to exceed six

dollars per month, which shall be deducted from each obligor's moneys,

income or periodic earnings, in addition to the amount deducted to meet the

support or maintenance obligation subject to the limitations contained in

the federal Consumer Credit Protection Act (15 U.S.C. Section 1673).



6. Upon termination of the obligor's employment with an employer upon

whom a withholding notice has been served, the employer shall so notify the

court in writing. The employer shall also inform the court, in writing, as

to the last known address of the obligor and the name and address of the

obligor's new employer, if known.



7. Amounts withheld by the employer or other payer shall be

transmitted, in accordance with the notice, within seven business days of

the date that such amounts were payable to the obligated party. For

purposes of this section, "business day" means a day that state offices are

open for regular business. The employer or other payer shall, along with

the amounts transmitted, provide the date each amount was withheld from

each obligor. If the employer or other payer is withholding amounts for

more than one order, the employer or other payer may combine all such

withholdings that are payable to the same circuit clerk or the family

support payment center and transmit them as one payment, together with a

separate list identifying the cases to which they apply. The cases shall

be identified by court case number, name of obligor, the obligor's Social

Security number, the IV-D case number, if any, the amount withheld for each

obligor, and the withholding date or dates for each obligor, to the extent

that such information is known to the employer or other payer. An employer

or other payer who fails to honor a withholding notice pursuant to this

section may be held in contempt of court and is liable to the obligee for

the amount that should have been withheld. Compliance by an employer or

other payer with the withholding notice operates as a discharge of

liability to the obligor as to that portion of the obligor's periodic

earnings or other income so affected.



8. As used in this section, the term "employer" includes the state

and its political subdivisions.



9. An employer shall not discharge or otherwise discipline, or refuse

to hire, an employee as a result of a withholding notice issued pursuant to

this section. Any obligor who is aggrieved as a result of a violation of

this subsection may bring a civil contempt proceeding against the employer

by filing an appropriate motion in the cause of action from which the

withholding notice issued. If the court finds that the employer

discharged, disciplined, or refused to hire the obligor as a result of the

withholding notice, the court may order the employer to reinstate or hire

the obligor, or rescind any wrongful disciplinary action. If, after the

entry of such an order, the employer refuses without good cause to comply

with the court's order, or if the employer fails to comply with the

withholding notice, the court may, after notice to the employer and a

hearing, impose a fine against the employer, not to exceed five hundred

dollars. Proceeds of any such fine shall be distributed by the court to

the county general revenue fund.



10. A withholding entered pursuant to this section may, upon motion

of a party and for good cause shown, be amended by the court. The clerk

shall notify the employer of the amendment in the manner provided for in

subsection 4 of this section.



11. The court, upon the motion of obligor and for good cause shown,

may terminate the withholding, except that the withholding shall not be

terminated for the sole reason that the obligor has fully paid past due

child support and maintenance.



12. A withholding effected pursuant to this section shall have

priority over any other legal process pursuant to state law against the

same wages, except that where the other legal process is an order issued

pursuant to this section or section 454.505, the processes shall run

concurrently, up to applicable wage withholding limitations. If

concurrently running wage withholding processes for the collection of

support obligations would cause the amounts withheld from the wages of the

obligor to exceed applicable wage withholding limitations and includes a

wage withholding from another state pursuant to section 454.932, the

employer shall first satisfy current support obligations by dividing the

amount available to be withheld among the orders on a pro rata basis using

the percentages derived from the relationship each current support order

amount has to the sum of all current child support obligations.

Thereafter, delinquencies shall be satisfied using the same pro rata

distribution procedure used for distributing current support, up to the

applicable limitation. If concurrently running wage withholding processes

for the collection of support obligations would cause the amounts withheld

from the wages of the obligor to exceed applicable wage withholding

limitations and does not include a wage withholding from another state

pursuant to section 454.932, the employer shall withhold and pay to the

payment center an amount equal to the wage withholding limitations. The

payment center shall first satisfy current support obligations by dividing

the amount available to be withheld among the orders on a pro rata basis

using the percentages derived from the relationship each current support

order amount has to the sum of all current child support obligations.

Thereafter, arrearages shall be satisfied using the same pro rata

distribution procedure used for distributing current support, up to the

applicable limitation.



13. The remedy provided by this section applies to child support and

maintenance orders entered prior to August 13, 1986, notwithstanding the

absence of the notice to the obligor provided for in subsection 1 of this

section, provided that prior notice from the circuit clerk to the obligor

in the manner prescribed in subsection 5 of section 452.345 is given.



14. Notwithstanding any provisions of this section to the contrary,

in a case in which support rights have been assigned to the state or in

which the family support division is providing support enforcement services

pursuant to section 454.425, the director of the family support division

may amend or terminate a withholding order issued pursuant to this section,

as provided in this subsection without further action of the court. The

director may amend or terminate a withholding order and issue an

administrative withholding order pursuant to section 454.505 when the

director determines that children for whom the support order applies are no

longer entitled to support pursuant to section 452.340, when the support

obligation otherwise ends and all arrearages are paid, when the support

obligation is modified pursuant to section 454.500, or when the director

enters an order that is approved by the court pursuant to section 454.496.

The director shall notify the employer and the circuit clerk of such

amendment or termination. The director's administrative withholding order

or withholding termination order shall preempt and supersede any previous

judicial withholding order issued pursuant to this or any other section.



15. For the purpose of this section, "income" means any periodic form

of payment due to an individual, regardless of source, including wages,

salaries, commissions, bonuses, workers' compensation benefits, disability

benefits, payments pursuant to a pension or a retirement program and

interest.



16. If the secretary of the Department of Health and Human Services

promulgates a final standard format for an employer income withholding

notice, the court shall use or require the use of such notice.



(L. 1973 H.B. 315 § 11, A.L. 1982 S.B. 468, A.L. 1984 H.B. 1275, A.L.

1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1990 S.B. 834, A.L. 1993

S.B. 253, A.L. 1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361, A.L.

1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)





1999



1999



452.350. 1. Until January 1, 1994, except for orders entered or modified

in IV-D cases, each order for child support or maintenance entered or

modified by the court pursuant to the authority of this chapter, or

otherwise, shall include a provision notifying the person obligated to pay

such support or maintenance that, upon application by the obligee or the

Missouri division of child support enforcement of the department of social

services, the obligor's wages or other income shall be subject to withholding

without further notice if the obligor becomes delinquent in maintenance or

child support payments in an amount equal to one month's total support

obligation. The order shall also contain provisions notifying the obligor

that:



(1) The withholding shall be for the current month's maintenance and

support; and



(2) The withholding shall include an additional amount equal to fifty

percent of one month's child support and maintenance to defray delinquent

child support and maintenance, which additional withholding shall continue

until the delinquency is paid in full.



2. For all orders entered or modified in IV-D cases, and effective

January 1, 1994, for every order for child support or maintenance entered or

modified by the court pursuant to the authority of this chapter, or

otherwise, income withholding pursuant to this section shall be initiated on

the effective date of the order, except that such withholding shall not

commence with the effective date of the order in any case where:



(1) One of the parties demonstrates, and the court finds, that there is

good cause not to require immediate income withholding. For purposes of this

subdivision, any finding that there is good cause not to require immediate

withholding must be based on, at least, a written determination and an

explanation by the court that implementing immediate wage withholding would

not be in the best interests of the child and proof of timely payments of

previously ordered support in cases involving the modification of support

orders; or



(2) A written agreement is reached between the parties that provides for

an alternative arrangement. If the income of an obligor is not withheld as of

the effective date of the support order, pursuant to subdivision (1) or (2) of

this subsection, or otherwise, such obligor's income shall become subject to

withholding pursuant to this section without further exception on the date on

which the obligor becomes delinquent in maintenance or child support payments

in an amount equal to one month's total support obligation. Such withholding

shall be initiated in the manner provided in subsection 4 of this section. All

IV-D orders entered or modified by the court shall contain a provision

notifying the obligor that he or she shall notify the division of child

support enforcement regarding the availability of medical insurance coverage

through an employer or a group plan, provide the name of the insurance

provider when coverage is available, and inform the division of any change in

access to such insurance coverage. Any income withheld pursuant to this

section for a support order initially entered on or after October 1, 1999,

shall be paid to the payment center pursuant to section 454.530. Any order of

the court entered on or after October 1, 1999, establishing the withholding

for a support order as defined in section 454.460, or notice from the clerk

issued on or after October 1, 1999, pursuant to this section for a support

order shall require payment to the payment center pursuant to section 454.530.



3. The provisions of section 432.030 to the contrary notwithstanding, if

income withholding has not been initiated on the effective date of the

initial or modified order, the obligated party may execute a voluntary income

assignment at any time, which assignment shall be filed with the court and

shall take effect after service on the employer or other payor.



4. The circuit clerk, upon application of the obligee or the division of

child support enforcement, shall send, by certified mail, return receipt

requested, a written notice to the employer or other payor listed on the

application when the obligated party is subject to withholding pursuant to

the child support order or subsection 2 of this section. For orders entered

or modified in cases known by the circuit clerk to be IV-D cases in which

income withholding is to be initiated on the effective date of the order, and

effective January 1, 1994, for all orders entered or modified by the court in

which income withholding is to be initiated on the effective date of the

order, the circuit clerk shall send such notice to the employer or other

payor in the manner provided by this section at the time the order is entered

without application of any party when an employer or other payor is

identified to the circuit clerk by inclusion in the pleadings pursuant to

section 452.312, or otherwise. The notice of income withholding shall be

prepared by the person entitled to support pursuant to the order, or the

legal representative of that person, on a form prescribed by the court, and

shall be presented to the clerk of the court at the time the order of support

is entered. The notice shall direct the employer or other payor to withhold

each month an amount equal to one month's child support and maintenance until

further notice from the court. In the event of a delinquency in child

support or maintenance payments in an amount equal to one month's total

support obligation, the notice further shall direct the employer or other

payor to withhold each month an additional amount equal to fifty percent of

one month's child support and maintenance until the support delinquency is

paid in full. The notice shall also include a statement of exemptions which

may apply to limit the portion of the obligated party's disposable earnings

which are subject to the withholding pursuant to federal or state law and

notify the obligor that the obligor may request a hearing and related

information pursuant to this section. The notice shall contain the Social

Security number of the obligor if available. The circuit clerk shall send a

copy of this notice by regular mail to the last known address of the

obligated party. A notice issued pursuant to this section shall be binding

on the employer or other payor, and successor employers and payors, two weeks

after mailing, and shall continue until further order of the court or the

division of child support enforcement. If the notice does not contain the

Social Security number of the obligor, the employer or other payor shall not

be liable for withholding from the incorrect obligor. The obligated party

may, within that two-week period, request a hearing on the issue of whether

the withholding should take effect. The withholding shall not be held in

abeyance pending the outcome of the hearing. The obligor may not obtain

relief from the withholding by paying overdue support, if any. The only

basis for contesting the withholding is a mistake of fact. For the purpose of

this section, "mistake of fact" shall mean an error in the amount of

arrearages, if applicable, or an error as to the identity of the obligor.

The court shall hold its hearing, enter its order disposing of all issues

disputed by the obligated party, and notify the obligated party and the

employer or other payor, within forty-five days of the date on which the

withholding notice was sent to the employer.



5. For each payment the employer may charge a fee not to exceed six

dollars per month, which shall be deducted from each obligor's moneys, income

or periodic earnings, in addition to the amount deducted to meet the support

or maintenance obligation subject to the limitations contained in the federal

Consumer Credit Protection Act (15 U.S.C. 1673).



6. Upon termination of the obligor's employment with an employer upon

whom a withholding notice has been served, the employer shall so notify the

court in writing. The employer shall also inform the court, in writing, as

to the last known address of the obligor and the name and address of the

obligor's new employer, if known.



7. Amounts withheld by the employer or other payor shall be transmitted,

in accordance with the notice, within seven business days of the date that

such amounts were payable to the obligated party. For purposes of this

section, "business day" means a day that state offices are open for regular

business. The employer or other payor shall, along with the amounts

transmitted, provide the date each amount was withheld from each obligor. If

the employer or other payor is withholding amounts for more than one order,

the employer or other payor may combine all such withholdings that are

payable to the same circuit clerk or the family support payment center and

transmit them as one payment, together with a separate list identifying the

cases to which they apply. The cases shall be identified by court case

number, name of obligor, the obligor's Social Security number, the IV-D case

number, if any, the amount withheld for each obligor, and the withholding

date or dates for each obligor, to the extent that such information is known

to the employer or other payor. An employer or other payor who fails to

honor a withholding notice pursuant to this section may be held in contempt

of court and is liable to the obligee for the amount that should have been

withheld. Compliance by an employer or other payor with the withholding

notice operates as a discharge of liability to the obligor as to that portion

of the obligor's periodic earnings or other income so affected.



8. As used in this section, the term "employer" includes the state and

its political subdivisions.



9. An employer shall not discharge or otherwise discipline, or refuse to

hire, an employee as a result of a withholding notice issued pursuant to this

section. Any obligor who is aggrieved as a result of a violation of this

subsection may bring a civil contempt proceeding against the employer by

filing an appropriate motion in the cause of action from which the

withholding notice issued. If the court finds that the employer discharged,

disciplined, or refused to hire the obligor as a result of the withholding

notice, the court may order the employer to reinstate or hire the obligor, or

rescind any wrongful disciplinary action. If, after the entry of such an

order, the employer refuses without good cause to comply with the court's

order, or if the employer fails to comply with the withholding notice, the

court may, after notice to the employer and a hearing, impose a fine against

the employer, not to exceed five hundred dollars. Proceeds of any such fine

shall be distributed by the court to the county general revenue fund.



10. A withholding entered pursuant to this section may, upon motion of a

party and for good cause shown, be amended by the court. The clerk shall

notify the employer of the amendment in the manner provided for in subsection

4 of this section.



11. The court, upon the motion of obligor and for good cause shown, may

terminate the withholding, except that the withholding shall not be

terminated for the sole reason that the obligor has fully paid past due child

support and maintenance.



12. A withholding effected pursuant to this section shall have priority

over any other legal process pursuant to state law against the same wages,

except that where the other legal process is an order issued pursuant to this

section or section 454.505, the processes shall run concurrently, up to

applicable wage withholding limitations. If concurrently running wage

withholding processes for the collection of support obligations would cause

the amounts withheld from the wages of the obligor to exceed applicable wage

withholding limitations and includes a wage withholding from another state

pursuant to section 454.932, the employer shall first satisfy current support

obligations by dividing the amount available to be withheld among the orders

on a pro rata basis using the percentages derived from the relationship each

current support order amount has to the sum of all current child support

obligations. Thereafter, delinquencies shall be satisfied using the same pro

rata distribution procedure used for distributing current support, up to the

applicable limitation. If concurrently running wage withholding processes

for the collection of support obligations would cause the amounts withheld

from the wages of the obligor to exceed applicable wage withholding

limitations and does not include a wage withholding from another state

pursuant to section 454.932, the employer shall withhold and pay to the

payment center an amount equal to the wage withholding limitations. The

payment center shall first satisfy current support obligations by dividing

the amount available to be withheld among the orders on a pro rata basis

using the percentages derived from the relationship each current support

order amount has to the sum of all current child support obligations.

Thereafter, arrearages shall be satisfied using the same pro rata

distribution procedure used for distributing current support, up to the

applicable limitation.



13. The remedy provided by this section applies to child support and

maintenance orders entered prior to August 13, 1986, notwithstanding the

absence of the notice to the obligor provided for in subsection 1 of this

section, provided that prior notice from the circuit clerk to the obligor in

the manner prescribed in subsection 5 of section 452.345 is given.



14. Notwithstanding any provisions of this section to the contrary, in a

case in which support rights have been assigned to the state or in which the

division of child support enforcement is providing support enforcement

services pursuant to section 454.425, the director of the division of child

support enforcement may amend or terminate a withholding order issued

pursuant to this section, as provided in this subsection without further

action of the court. The director may amend or terminate a withholding order

and issue an administrative withholding order pursuant to section 454.505

when the director determines that children for whom the support order applies

are no longer entitled to support pursuant to section 452.340, when the

support obligation otherwise ends and all arrearages are paid, when the

support obligation is modified pursuant to section 454.500, or when the

director enters an order that is approved by the court pursuant to section

454.496. The director shall notify the employer and the circuit clerk of

such amendment or termination. The director's administrative withholding

order or withholding termination order shall preempt and supersede any

previous judicial withholding order issued pursuant to this or any other

section.



15. For the purpose of this section, "income" means any periodic form of

payment due to an individual, regardless of source, including wages,

salaries, commissions, bonuses, workers' compensation benefits, disability

benefits, payments pursuant to a pension or a retirement program and interest.



16. If the secretary of the Department of Health and Human Services

promulgates a final standard format for an employer income withholding

notice, the court shall use or require the use of such notice.



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