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State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T30 > C454 > 454_476

Administrative orders may be issued, when–duties ofdirector–hearing.

454.476. 1. If a court order has previously been entered, thedirector may enter an administrative order in accordance with the courtorder, upon receiving from the obligee, a child support enforcement agencyof another state, or the court:

(1) A certified copy of the court order together with allmodifications thereto;

(2) A sworn statement by the obligee or a certified statement fromthe court attesting to or certifying the amount of arrearages under thecourt order;

(3) A statement of the name, last known address and, if known, theSocial Security number of the obligor; and

(4) The name and address of the obligor's employer or other payor, ifknown.

2. The obligor shall be sent a copy of the administrative order bycertified mail, return receipt requested, addressed to the obligor's lastknown address or, if applicable, the obligor's attorney's last knownaddress. The obligee shall be sent a copy of the administrative order byregular mail. Copies of the order shall be mailed within fourteen days ofissuance.

3. Upon entry of the order, the director shall issue an orderdirecting an employer or other payor to withhold and pay over money due orto become due to the obligated parent as set out in section 454.505.

4. The obligor or obligee, within fourteen days after receivingnotice of the director's order, may request an administrative hearing asprovided in section 454.475 to contest the order or withholding thereunder.At such hearing, the certified copy of the court order and the sworn orcertified statement of arrearages shall constitute prima facie evidencethat the director's order is valid and enforceable. Once the prima faciecase is established, the obligor may assert only mistake of fact as adefense. Mistake of fact shall mean an error in the amount of arrearagesor an error as to the identity of the obligor. The obligor shall have theburden of proof as to these issues. The obligor may not obtain relief fromthe withholding by paying the overdue support.

5. If the obligor requests a hearing, the withholding will beimplemented unless the obligor posts a bond or other security satisfactoryto 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 otherstate, and whether entered prior to or subsequent to enactment of thissection, shall be enforceable by an order to withhold as provided for bysection 454.505 immediately upon compliance with subsection 1 of thissection.

(L. 1986 H.B. 1479, A.L. 1997 S.B. 361)

Effective 7-1-97