§ 452.345 — Maintenance or support payments to circuit clerk or family support payment center, when — procedure — duties of parties — failure to pay, circuit clerk duties.

Missouri § 452.345

• Jurisdiction: Missouri
• Title XXX: DOMESTIC RELATIONS
• Ch. 452: Dissolution of Marriage, Divorce, Alimony and Separate Maintenance

Text

1.  As used in sections 452.345 to 452.350 , the term "IV-D case" shall mean a case in which support rights have been assigned to the state of Missouri or where the family support division is providing support enforcement services pursuant to section 454.400 .

2.  At any time the court, upon its own motion, may, or upon the motion of either party shall, order that maintenance or support payments be made to the circuit clerk as trustee for remittance to the person entitled to receive the payments.  The circuit clerk shall remit such support payments to the person entitled to receive the payments within three working days of receipt by the circuit clerk.  Circuit clerks shall deposit all receipts no later than the next working day after receipt.  Payment by a nonguaranteed negotiable financial instrument occurs when the instrument has cleared the depository institution and has been credited to the trust account.  Effective October 1, 1999, at any time the court may upon its own motion, or shall upon the motion of either party, order that support payments as required by section 454.530 be made to the family support payment center established in section 454.530 as trustee for remittance to the person entitled to receive the payments.  However, in no case shall the court order payments to be made to the payment center if the family support division notifies the court that such payments shall not be made to the center.  In such cases, payments shall be made to the clerk as trustee until the division notifies the court that payments shall be directed to the payment center.  Further, with the agreement of the division, the court may order payments to be made to the payment center prior to October 1, 1999.

3.  The circuit clerk shall maintain records in the automated child support system which list the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order.  Nothing in this section shall prohibit the family support division from entering information in the records of the automated child support system, as provided for in chapter 454 .

4.  The parties affected by the order shall inform the circuit clerk or the payment center established in section 454.530 of any change of address or of other conditions that may affect the administration of the order.

5.  For any case in which an order for support or maintenance was entered prior to January 1, 1994, which has not been modified subsequent to that date, except a IV-D case, if a party becomes delinquent in maintenance or support payments in an amount equal to one month's total support obligation, the provisions of this subsection shall apply.  If the circuit clerk has been appointed trustee under subsection 2 of this section, or if the person entitled to receive the payments files with the clerk an affidavit stating the particulars of the obligor's noncompliance, the circuit clerk shall send by regular mail notice of the delinquency to the obligor.  This notice shall advise the obligor of the delinquency, shall state the amount of the obligation, and shall advise that the obligor's income is subject to withholding for repayment of the delinquency and for payment of current support, as provided in section 452.350 .  For such cases, the circuit clerk shall, in addition to the notice to the obligor, send by regular mail a notice to the obligee.  This notice shall state the amount of the delinquency and shall advise the obligee that income withholding, pursuant to section 452.350 , is available for collection of support delinquencies and current support, and if the support order includes amounts for child support, that support enforcement services, pursuant to section 454.425 , are available through the Missouri family support division of the department of social services.

Legislative History

(L. 1973 H.B. 315 § 10, A.L. 1982 S.B. 468, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248 merged with S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision) (1976) Proceeding to cite defendant for contempt for failure to pay court ordered support and maintenance for plaintiff and their minor children classified as civil contempt and subject to review on appeal.  Judgment, with sentence of imprisonment, reversed and remanded since there was no evidence from which trial court could have concluded that defendant was financially able to pay the award.  Teefey v. Teefey (Mo.), 533 S.W.2d 563. (1976) Held that imprisonment for contempt is proper remedy for failure to comply with court order for maintenance and child support when person disobeying order has intentionally placed himself in a position which made compliance impossible.  State ex rel. Stanhope v. Pratt overruling Coughlin v. Ehlert, 39 Mo. 285 (1866).  State ex rel. Stanhope v. Pratt (Mo.), 533 S.W.2d 567. (1976) Court may not amend an alimony payment order of its own motion.  Dolan v. Dolan (A.), 540 S.W.2d 220.