Maintenance or support payments to circuit clerk or family supportpayment center, when--procedure--duties of parties--failure to pay,circuit clerk duties.
452.345. 1. As used in sections 452.345 to 452.350, the term "IV-Dcase" shall mean a case in which support rights have been assigned to thestate of Missouri or where the division of child support enforcement isproviding support enforcement services pursuant to section 454.400, RSMo.
2. At any time the court, upon its own motion, may, or upon themotion of either party shall, order that maintenance or support payments bemade to the circuit clerk as trustee for remittance to the person entitledto receive the payments. The circuit clerk shall remit such supportpayments to the person entitled to receive the payments within threeworking days of receipt by the circuit clerk. Circuit clerks shall depositall receipts no later than the next working day after receipt. Payment bya nonguaranteed negotiable financial instrument occurs when the instrumenthas cleared the depository institution and has been credited to the trustaccount. Effective October 1, 1999, at any time the court may upon its ownmotion, or shall upon the motion of either party, order that supportpayments as required by section 454.530, RSMo, be made to the familysupport payment center established in section 454.530, RSMo, as trustee forremittance to the person entitled to receive the payments. However, in nocase shall the court order payments to be made to the payment center if thedivision of child support enforcement notifies the court that such paymentsshall not be made to the center. In such cases, payments shall be made tothe clerk as trustee until the division notifies the court that paymentsshall be directed to the payment center. Further, with the agreement ofthe division, the court may order payments to be made to the payment centerprior to October 1, 1999.
3. The circuit clerk shall maintain records in the automated childsupport system which list the amount of payments, the date when paymentsare required to be made, and the names and addresses of the partiesaffected by the order. Nothing in this section shall prohibit the divisionof child support enforcement from entering information in the records ofthe automated child support system, as provided for in chapter 454, RSMo.
4. The parties affected by the order shall inform the circuit clerkor the payment center established in section 454.530, RSMo, of any changeof address or of other conditions that may affect the administration of theorder.
5. For any case in which an order for support or maintenance wasentered prior to January 1, 1994, which has not been modified subsequent tothat date, except a IV-D case, if a party becomes delinquent in maintenanceor support payments in an amount equal to one month's total supportobligation, the provisions of this subsection shall apply. If the circuitclerk has been appointed trustee under subsection 2 of this section, or ifthe person entitled to receive the payments files with the clerk anaffidavit stating the particulars of the obligor's noncompliance, thecircuit clerk shall send by regular mail notice of the delinquency to theobligor. This notice shall advise the obligor of the delinquency, shallstate the amount of the obligation, and shall advise that the obligor'sincome is subject to withholding for repayment of the delinquency and forpayment of current support, as provided in section 452.350. For suchcases, 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 theamount of the delinquency and shall advise the obligee that incomewithholding, pursuant to section 452.350, is available for collection ofsupport delinquencies and current support, and if the support orderincludes amounts for child support, that support enforcement services,pursuant to section 454.425, RSMo, are available through the Missouridivision of child support enforcement of the department of social services.
(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.
Maintenance or support payments to circuit clerk or family supportpayment center, when--procedure--duties of parties--failure to pay,circuit clerk duties.
452.345. 1. As used in sections 452.345 to 452.350, the term "IV-Dcase" shall mean a case in which support rights have been assigned to thestate of Missouri or where the division of child support enforcement isproviding support enforcement services pursuant to section 454.400, RSMo.
2. At any time the court, upon its own motion, may, or upon themotion of either party shall, order that maintenance or support payments bemade to the circuit clerk as trustee for remittance to the person entitledto receive the payments. The circuit clerk shall remit such supportpayments to the person entitled to receive the payments within threeworking days of receipt by the circuit clerk. Circuit clerks shall depositall receipts no later than the next working day after receipt. Payment bya nonguaranteed negotiable financial instrument occurs when the instrumenthas cleared the depository institution and has been credited to the trustaccount. Effective October 1, 1999, at any time the court may upon its ownmotion, or shall upon the motion of either party, order that supportpayments as required by section 454.530, RSMo, be made to the familysupport payment center established in section 454.530, RSMo, as trustee forremittance to the person entitled to receive the payments. However, in nocase shall the court order payments to be made to the payment center if thedivision of child support enforcement notifies the court that such paymentsshall not be made to the center. In such cases, payments shall be made tothe clerk as trustee until the division notifies the court that paymentsshall be directed to the payment center. Further, with the agreement ofthe division, the court may order payments to be made to the payment centerprior to October 1, 1999.
3. The circuit clerk shall maintain records in the automated childsupport system which list the amount of payments, the date when paymentsare required to be made, and the names and addresses of the partiesaffected by the order. Nothing in this section shall prohibit the divisionof child support enforcement from entering information in the records ofthe automated child support system, as provided for in chapter 454, RSMo.
4. The parties affected by the order shall inform the circuit clerkor the payment center established in section 454.530, RSMo, of any changeof address or of other conditions that may affect the administration of theorder.
5. For any case in which an order for support or maintenance wasentered prior to January 1, 1994, which has not been modified subsequent tothat date, except a IV-D case, if a party becomes delinquent in maintenanceor support payments in an amount equal to one month's total supportobligation, the provisions of this subsection shall apply. If the circuitclerk has been appointed trustee under subsection 2 of this section, or ifthe person entitled to receive the payments files with the clerk anaffidavit stating the particulars of the obligor's noncompliance, thecircuit clerk shall send by regular mail notice of the delinquency to theobligor. This notice shall advise the obligor of the delinquency, shallstate the amount of the obligation, and shall advise that the obligor'sincome is subject to withholding for repayment of the delinquency and forpayment of current support, as provided in section 452.350. For suchcases, 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 theamount of the delinquency and shall advise the obligee that incomewithholding, pursuant to section 452.350, is available for collection ofsupport delinquencies and current support, and if the support orderincludes amounts for child support, that support enforcement services,pursuant to section 454.425, RSMo, are available through the Missouridivision of child support enforcement of the department of social services.
(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.
Maintenance or support payments to circuit clerk or family supportpayment center, when--procedure--duties of parties--failure to pay,circuit clerk duties.
452.345. 1. As used in sections 452.345 to 452.350, the term "IV-Dcase" shall mean a case in which support rights have been assigned to thestate of Missouri or where the division of child support enforcement isproviding support enforcement services pursuant to section 454.400, RSMo.
2. At any time the court, upon its own motion, may, or upon themotion of either party shall, order that maintenance or support payments bemade to the circuit clerk as trustee for remittance to the person entitledto receive the payments. The circuit clerk shall remit such supportpayments to the person entitled to receive the payments within threeworking days of receipt by the circuit clerk. Circuit clerks shall depositall receipts no later than the next working day after receipt. Payment bya nonguaranteed negotiable financial instrument occurs when the instrumenthas cleared the depository institution and has been credited to the trustaccount. Effective October 1, 1999, at any time the court may upon its ownmotion, or shall upon the motion of either party, order that supportpayments as required by section 454.530, RSMo, be made to the familysupport payment center established in section 454.530, RSMo, as trustee forremittance to the person entitled to receive the payments. However, in nocase shall the court order payments to be made to the payment center if thedivision of child support enforcement notifies the court that such paymentsshall not be made to the center. In such cases, payments shall be made tothe clerk as trustee until the division notifies the court that paymentsshall be directed to the payment center. Further, with the agreement ofthe division, the court may order payments to be made to the payment centerprior to October 1, 1999.
3. The circuit clerk shall maintain records in the automated childsupport system which list the amount of payments, the date when paymentsare required to be made, and the names and addresses of the partiesaffected by the order. Nothing in this section shall prohibit the divisionof child support enforcement from entering information in the records ofthe automated child support system, as provided for in chapter 454, RSMo.
4. The parties affected by the order shall inform the circuit clerkor the payment center established in section 454.530, RSMo, of any changeof address or of other conditions that may affect the administration of theorder.
5. For any case in which an order for support or maintenance wasentered prior to January 1, 1994, which has not been modified subsequent tothat date, except a IV-D case, if a party becomes delinquent in maintenanceor support payments in an amount equal to one month's total supportobligation, the provisions of this subsection shall apply. If the circuitclerk has been appointed trustee under subsection 2 of this section, or ifthe person entitled to receive the payments files with the clerk anaffidavit stating the particulars of the obligor's noncompliance, thecircuit clerk shall send by regular mail notice of the delinquency to theobligor. This notice shall advise the obligor of the delinquency, shallstate the amount of the obligation, and shall advise that the obligor'sincome is subject to withholding for repayment of the delinquency and forpayment of current support, as provided in section 452.350. For suchcases, 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 theamount of the delinquency and shall advise the obligee that incomewithholding, pursuant to section 452.350, is available for collection ofsupport delinquencies and current support, and if the support orderincludes amounts for child support, that support enforcement services,pursuant to section 454.425, RSMo, are available through the Missouridivision of child support enforcement of the department of social services.
(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.
