Missouri Revised Statutes
Chapter 454
Enforcement of Support Law
←454.501
Section 454.505.1
454.507→
August 28, 2015
Garnishment 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.
454.505. 1. In addition to any other remedy provided by law for the
enforcement of support, if a support order has been entered, the director
shall issue an order directing any employer or other payer of the parent to
withhold and pay over to the division, the payment center pursuant to
section 454.530 or the clerk of the circuit court in the county in which a
trusteeship is or will be established, money due or to become due the
obligated parent in an amount not to exceed federal wage garnishment
limitations. For administrative child support orders issued pursuant to
sections other than section 454.476, the director shall not issue an order
to withhold and pay over in any case in which:
(1) One of the parties demonstrates, and the director 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 shall be based on, at least, a written
determination and an explanation by the director 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 payment 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.
2. An order entered pursuant to this section shall recite the amount
required to be paid as continuing support, the amount to be paid monthly
for arrearages and the Social Security number of the obligor if available.
In addition, the order shall contain a provision that the obligor 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. A copy of section
454.460 and this section shall be appended to the order.
3. An order entered pursuant to this section shall be served on the
employer or other payer either by regular mail or by certified mail, return
receipt requested or may be issued through electronic means, and shall be
binding on the employer or other payer two weeks after mailing or
electronic issuance of such service. A copy of the order and a notice of
property exempt from withholding shall be mailed to the obligor at the
obligor's last known address. The notice shall advise the obligor that the
withholding has commenced and the procedures to contest such withholding
pursuant to section 454.475 on the grounds that such withholding or the
amount withheld is improper due to a mistake of fact by requesting a
hearing thirty days from mailing 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 withholding
or an error as to the identity of the obligor. The obligor shall have the
burden of proof on such issues. The obligor may not obtain relief from the
withholding by paying the overdue support. The employer or other payer
shall withhold from the earnings or other income of each obligor the amount
specified in the order, and may deduct an additional sum not to exceed six
dollars per month as reimbursement for costs, except that the total amount
withheld shall not exceed the limitations contained in the federal Consumer
Credit Protection Act, 15 U.S.C. Section 1673(b). The employer or other
payer shall transmit the payments as directed in the order within seven
business days of the date the earnings, money due or other income was
payable to the obligor. 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 the
amount was withheld from each obligor. If the order 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.
4. If the order is served on a payer other than an employer, it shall
be a lien against any money due or to become due the obligated parent which
is in the possession of the payer on the date of service or which may come
into the possession of the payer after service until further order of the
director, except for any deposits held in two or more names in a financial
institution.
5. The division shall notify an employer or other payer upon whom
such an order has been directed whenever all arrearages have been paid in
full, and whenever, for any other reason, the amount required to be
withheld and paid over to the payment center pursuant to the order as to
future pay periods is to be reduced or redirected. If the parent's support
obligation is required to be paid monthly and the parent's pay periods are
at more frequent intervals, the employer or other payer may, at the request
of the obligee or the director, withhold and pay over to the payment center
an equal amount at each pay period cumulatively sufficient to comply with
the withholding order.
6. An order issued pursuant to subsection 1 of this section shall be
a continuing order and shall remain in effect and be binding upon any
employer or other payer upon whom it is directed until a further order of
the director. Such orders shall terminate when all children for whom the
support order applies are emancipated or deceased, or the support
obligation otherwise ends, and all arrearages are paid. No order to
withhold shall be terminated solely because the obligor has fully paid
arrearages.
7. An order issued pursuant to subsection 1 of 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 452.350, 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, arrearages 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.
8. No employer or other payer who complies with an order entered
pursuant to this section shall be liable to the parent, or to any other
person claiming rights derived from the parent, for wrongful withholding.
An employer or other payer who fails or refuses to withhold or pay the
amounts as ordered pursuant to this section shall be liable to the party
holding the support rights in an amount equal to the amount which became
due the parent during the relevant period and which, pursuant to the order,
should have been withheld and paid over. The director is hereby authorized
to bring an action in circuit court to determine the liability of an
employer or other payer for failure to withhold or pay the amounts as
ordered. If a court finds that a violation has occurred, the court may
fine the employer in an amount not to exceed five hundred dollars. The
court may also enter a judgment against the employer for the amounts to be
withheld or paid, court costs and reasonable attorney's fees.
9. The remedy provided by this section shall be available where the
state or any of its political subdivisions is the employer or other payer
of the obligated parent in the same manner and to the same extent as where
the employer or other payer is a private party.
10. An employer shall not discharge, or refuse to hire or otherwise
discipline, an employee as a result of an order to withhold and pay over
certain money authorized by this section. If any such employee is
discharged within thirty days of the date upon which an order to withhold
and pay over certain money is to take effect, there shall arise a
rebuttable presumption that such discharge was a result of such order.
This presumption shall be overcome only by clear, cogent and convincing
evidence produced by the employer that the employee was not terminated
because of the order to withhold and pay over certain money. The director
is hereby authorized to bring an action in circuit court to determine
whether the discharge constitutes a violation of this subsection. If the
court finds that a violation has occurred, the court may enter an order
against the employer requiring reinstatement of the employee and may fine
the employer in an amount not to exceed one hundred fifty dollars.
Further, the court may enter judgment against the employer for the back
wages, costs, attorney's fees, and for the amount of child support which
should have been withheld and paid over during the period of time the
employee was wrongfully discharged.
11. If an obligor for whom an order to withhold has been issued
pursuant to subsection 1 of this section terminates the obligor's
employment, the employer shall, within ten days of the termination, notify
the division of the termination, shall provide to the division the last
known address of the obligor, if known to the employer, and shall provide
to the division the name and address of the obligor's new employer, if
known. When the division determines the identity of the obligor's new
employer, the director shall issue an order to the new employer as provided
in subsection 1 of this section.
12. If an employer or other payer is withholding amounts for more
than one order issued pursuant to subsection 1 of this section, the
employer or other payer may transmit all such withholdings which are to be
remitted to the same circuit clerk, other collection unit or to the payment
center after October 1, 1999, as one payment together with a separate list
identifying obligors for whom a withholding has been made and the amount
withheld from each obligor so listed, and the withholding date or dates for
each obligor.
13. For purposes 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.
14. The employer shall withhold funds as directed in the notice,
except if an employer receives an income withholding order issued by
another state, the employer shall apply the income withholding law of the
state of the obligor's principal place of employment in determining:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's
income;
(3) The time periods within which the employer shall implement the
income withholding order and forward the child support payments;
(4) The priorities for withholding and allocating income withheld for
multiple child support obligees; and
(5) Any withholding terms and conditions not specified in the order.
15. If the secretary of the Department of Health and Human Services
promulgates a final standard format for an employer income withholding
notice, the director shall use such notice prescribed by the secretary.
(L. 1982 S.B. 468 § 22, 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. 1997
S.B. 361, A.L. 1998 S.B. 910, A.L. 1999 S.B. 291, A.L. 2003 H.B.
613 merged with S.B. 330 merged with S.B. 471, A.L. 2014 H.B.
1299 Revision)
2003
1999
2003
454.505. 1. In addition to any other remedy provided by law for the
enforcement of support, if a support order has been entered, the director
shall issue an order directing any employer or other payor of the parent to
withhold and pay over to the division, the payment center pursuant to section
454.530 or the clerk of the circuit court in the county in which a
trusteeship is or will be established, money due or to become due the
obligated parent in an amount not to exceed federal wage garnishment
limitations. For administrative child support orders issued pursuant to
sections other than section 454.476, the director shall not issue an order to
withhold and pay over in any case in which:
(1) One of the parties demonstrates, and the director 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 shall be based on, at least, a written determination and
an explanation by the director 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 payment 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.
2. An order entered pursuant to this section shall recite the amount
required to be paid as continuing support, the amount to be paid monthly for
arrearages and the Social Security number of the obligor if available. In
addition, the order shall contain a provision that the obligor 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. A copy of
section 454.460 and this section shall be appended to the order.
3. An order entered pursuant to this section shall be served on the
employer or other payor either by regular mail or by certified mail, return
receipt requested or may be issued through electronic means, and shall be
binding on the employer or other payor two weeks after mailing or electronic
issuance of such service. A copy of the order and a notice of property
exempt from withholding shall be mailed to the obligor at the obligor's last
known address. The notice shall advise the obligor that the withholding has
commenced and the procedures to contest such withholding pursuant to section
454.475 on the grounds that such withholding or the amount withheld is
improper due to a mistake of fact by requesting a hearing thirty days from
mailing 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 withholding or an error as to the identity of the
obligor. The obligor shall have the burden of proof on such issues. The
obligor may not obtain relief from the withholding by paying the overdue
support. The employer or other payor shall withhold from the earnings or
other income of each obligor the amount specified in the order, and may
deduct an additional sum not to exceed six dollars per month as reimbursement
for costs, except that the total amount withheld shall not exceed the
limitations contained in the federal Consumer Credit Protection Act, 15 U.S.C.
1673(b). The employer or other payor shall transmit the payments as directed
in the order within seven business days of the date the earnings, money due
or other income was payable to the obligor. 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 the amount was withheld from each obligor. If the order
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.
4. If the order is served on a payor other than an employer, it shall be
a lien against any money due or to become due the obligated parent which is
in the possession of the payor on the date of service or which may come into
the possession of the payor after service until further order of the director,
except for any deposits held in two or more names in a financial institution.
5. The division shall notify an employer or other payor upon whom such an
order has been directed whenever all arrearages have been paid in full, and
whenever, for any other reason, the amount required to be withheld and paid
over to the payment center pursuant to the order as to future pay periods is
to be reduced or redirected. If the parent's support obligation is required
to be paid monthly and the parent's pay periods are at more frequent
intervals, the employer or other payor may, at the request of the obligee or
the director, withhold and pay over to the payment center an equal amount at
each pay period cumulatively sufficient to comply with the withholding order.
6. An order issued pursuant to subsection 1 of this section shall be a
continuing order and shall remain in effect and be binding upon any employer
or other payor upon whom it is directed until a further order of the
director. Such orders shall terminate when all children for whom the support
order applies are emancipated or deceased, or the support obligation
otherwise ends, and all arrearages are paid. No order to withhold shall be
terminated solely because the obligor has fully paid arrearages.
7. An order issued pursuant to subsection 1 of 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 452.350, 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, arrearages 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.
8. No employer or other payor who complies with an order entered pursuant
to this section shall be liable to the parent, or to any other person
claiming rights derived from the parent, for wrongful withholding. An
employer or other payor who fails or refuses to withhold or pay the amounts as
ordered pursuant to this section shall be liable to the party holding the
support rights in an amount equal to the amount which became due the parent
during the relevant period and which, pursuant to the order, should have been
withheld and paid over. The director is hereby authorized to bring an action
in circuit court to determine the liability of an employer or other payor for
failure to withhold or pay the amounts as ordered. If a court finds that a
violation has occurred, the court may fine the employer in an amount not to
exceed five hundred dollars. The court may also enter a judgment against the
employer for the amounts to be withheld or paid, court costs and reasonable
attorney's fees.
9. The remedy provided by this section shall be available where the state
or any of its political subdivisions is the employer or other payor of the
obligated parent in the same manner and to the same extent as where the
employer or other payor is a private party.
10. An employer shall not discharge, or refuse to hire or otherwise
discipline, an employee as a result of an order to withhold and pay over
certain money authorized by this section. If any such employee is discharged
within thirty days of the date upon which an order to withhold and pay over
certain money is to take effect, there shall arise a rebuttable presumption
that such discharge was a result of such order. This presumption shall be
overcome only by clear, cogent and convincing evidence produced by the
employer that the employee was not terminated because of the order to withhold
and pay over certain money. The director is hereby authorized to bring an
action in circuit court to determine whether the discharge constitutes a
violation of this subsection. If the court finds that a violation has
occurred, the court may enter an order against the employer requiring
reinstatement of the employee and may fine the employer in an amount not to
exceed one hundred fifty dollars. Further, the court may enter judgment
against the employer for the back wages, costs, attorney's fees, and for the
amount of child support which should have been withheld and paid over during
the period of time the employee was wrongfully discharged.
11. If an obligor for whom an order to withhold has been issued pursuant
to subsection 1 of this section terminates the obligor's employment, the
employer shall, within ten days of the termination, notify the division of
the termination, shall provide to the division the last known address of the
obligor, if known to the employer, and shall provide to the division the name
and address of the obligor's new employer, if known. When the division
determines the identity of the obligor's new employer, the director shall
issue an order to the new employer as provided in subsection 1 of this
section.
12. If an employer or other payor is withholding amounts for more than
one order issued pursuant to subsection 1 of this section, the employer or
other payor may transmit all such withholdings which are to be remitted to
the same circuit clerk, other collection unit or to the payment center after
October 1, 1999, as one payment together with a separate list identifying
obligors for whom a withholding has been made and the amount withheld from
each obligor so listed, and the withholding date or dates for each obligor.
13. For purposes 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.
14. The employer shall withhold funds as directed in the notice, except
if an employer receives an income withholding order issued by another state,
the employer shall apply the income withholding law of the state of the
obligor's principal place of employment in determining:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's
income;
(3) The time periods within which the employer shall implement the
income withholding order and forward the child support payments;
(4) The priorities for withholding and allocating income withheld for
multiple child support obligees; and
(5) Any withholding terms and conditions not specified in the order.
15. If the secretary of the Department of Health and Human Services
promulgates a final standard format for an employer income withholding
notice, the director shall use such notice prescribed by the secretary.
1999
454.505. 1. In addition to any other remedy provided by law for the
enforcement of support, if a support order has been entered, the director
shall issue an order directing any employer or other payor of the parent to
withhold and pay over to the division, the payment center pursuant to
section 454.530 or the clerk of the circuit court in the county in which a
trusteeship is or will be established, money due or to become due the
obligated parent in an amount not to exceed federal wage garnishment
limitations. For administrative child support orders issued pursuant to
sections other than section 454.476, the director shall not issue an order
to withhold and pay over in any case in which:
(1) One of the parties demonstrates, and the director 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 shall be based on, at least, a written
determination and an explanation by the director 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 payment 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.
2. An order entered pursuant to this section shall recite the amount
required to be paid as continuing support, the amount to be paid monthly
for arrearages and the Social Security number of the obligor if available.
In addition, the order shall contain a provision that the obligor 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. A copy of
section 454.460 and this section shall be appended to the order. A copy of
such order shall be filed with the circuit court in the county or city not
within a county in which the judgment of dissolution or paternity was
entered, or if no such judgment was entered, in the county or city not
within a county where either parent or the child resides or where the order
or judgment is filed or registered.
3. An order entered pursuant to this section shall be served on the
employer or other payor by certified mail, return receipt requested or may
be issued through electronic means, and shall be binding on the employer or
other payor two weeks after mailing or electronic issuance of such service.
A copy of the order and a notice of property exempt from withholding shall
be mailed to the obligor at the obligor's last known address. The notice
shall advise the obligor that the withholding has commenced and the
procedures to contest such withholding pursuant to section 454.475 on the
grounds that such withholding or the amount withheld is improper due to a
mistake of fact by requesting a hearing thirty days from mailing 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 withholding or an error as to the identity of the
obligor. The obligor shall have the burden of proof on such issues. The
obligor may not obtain relief from the withholding by paying the overdue
support. The employer or other payor shall withhold from the earnings or
other income of each obligor the amount specified in the order, and may
deduct an additional sum not to exceed six dollars per month as
reimbursement for costs, except that the total amount withheld shall not
exceed the limitations contained in the federal Consumer Credit Protection
Act, 15 U.S.C. 1673(b). The employer or other payor shall transmit the
payments as directed in the order within seven business days of the date
the earnings, money due or other income was payable to the obligor. 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 the amount was withheld from each
obligor. If the order 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.
4. If the order is served on a payor other than an employer, it shall
be a lien against any money due or to become due the obligated parent which
is in the possession of the payor on the date of service or which may come
into the possession of the payor after service until further order of the
director, except for any deposits held in two or more names in a financial
institution.
5. The division shall notify an employer or other payor upon whom
such an order has been directed whenever all arrearages have been paid in
full, and whenever, for any other reason, the amount required to be
withheld and paid over to the payment center pursuant to the order as to
future pay periods is to be reduced or redirected. If the parent's support
obligation is required to be paid monthly and the parent's pay periods are
at more frequent intervals, the employer or other payor may, at the request
of the obligee or the director, withhold and pay over to the payment
center, an equal amount at each pay period cumulatively sufficient to
comply with the withholding order.
6. An order issued pursuant to subsection 1 of this section shall be
a continuing order and shall remain in effect and be binding upon any
employer or other payor upon whom it is directed until a further order of
the director. Such orders shall terminate when all children for whom the
support order applies are emancipated or deceased, or the support
obligation otherwise ends, and all arrearages are paid. No order to
withhold shall be terminated solely because the obligor has fully paid
arrearages.
7. An order issued pursuant to subsection 1 of 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 452.350, RSMo, 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, arrearages 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.
8. No employer or other payor who complies with an order entered
pursuant to this section shall be liable to the parent, or to any other
person claiming rights derived from the parent, for wrongful withholding.
An employer or other payor who fails or refuses to withhold or pay the
amounts as ordered pursuant to this section shall be liable to the party
holding the support rights in an amount equal to the amount which became
due the parent during the relevant period and which, pursuant to the order,
should have been withheld and paid over. The director is hereby authorized
to bring an action in circuit court to determine the liability of an
employer or other payor for failure to withhold or pay the amounts as
ordered. If a court finds that a violation has occurred, the court may
fine the employer in an amount not to exceed five hundred dollars. The
court may also enter a judgment against the employer for the amounts to be
withheld or paid, court costs and reasonable attorney's fees.
9. The remedy provided by this section shall be available where the
state or any of its political subdivisions is the employer or other payor
of the obligated parent in the same manner and to the same extent as where
the employer or other payor is a private party.
10. An employer shall not discharge, or refuse to hire or otherwise
discipline an employee as a result of an order to withhold and pay over
certain money authorized by this section. If any such employee is
discharged within thirty days of the date upon which an order to withhold
and pay over certain money is to take effect, there shall arise a
rebuttable presumption that such discharge was a result of such order.
This presumption shall be overcome only by clear, cogent and convincing
evidence produced by the employer that the employee was not terminated
because of the order to withhold and pay over certain money. The director
is hereby authorized to bring an action in circuit court to determine
whether the discharge constitutes a violation of this subsection. If the
court finds that a violation has occurred, the court may enter an order
against the employer requiring reinstatement of the employee and may fine
the employer in an amount not to exceed one hundred fifty dollars.
Further, the court may enter judgment against the employer for the back
wages, costs, attorney's fees, and for the amount of child support which
should have been withheld and paid over during the period of time the
employee was wrongfully discharged.
11. If an obligor for whom an order to withhold has been issued
pursuant to subsection 1 of this section terminates the obligor's
employment, the employer shall, within ten days of the termination, notify
the division of the termination, shall provide to the division the last
known address of the obligor, if known to the employer, and shall provide
to the division the name and address of the obligor's new employer, if
known. When the division determines the identity of the obligor's new
employer, the director shall issue an order to the new employer as provided
in subsection 1 of this section.
12. If an employer or other payor is withholding amounts for more
than one order issued pursuant to subsection 1 of this section, the
employer or other payor may transmit all such withholdings which are to be
remitted to the same circuit clerk, other collection unit or to the payment
center after October 1, 1999, as one payment together with a separate list
identifying obligors for whom a withholding has been made and the amount
withheld from each obligor so listed, and the withholding date or dates for
each obligor.
13. For purposes 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.
14. The employer shall withhold funds as directed in the notice,
except if an employer receives an income withholding order issued by
another state, the employer shall apply the income withholding law of the
state of the obligor's principal place of employment in determining:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's
income;
(3) The time periods within which the employer shall implement the
income withholding order and forward the child support payments;
(4) The priorities for withholding and allocating income withheld for
multiple child support obligees; and
(5) Any withholding terms and conditions not specified in the order.
15. If the secretary of the Department of Health and Human Services
promulgates a final standard format for an employer income withholding
notice, the director shall use such notice prescribed by the secretary.
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