Modification of an administrative order, procedure, effect--relieffrom orders, when.
454.500. 1. At any time after the entry of an order pursuant tosections 454.470 and 454.475, the obligated parent, the division, or theperson or agency having custody of the dependent child may file a motionfor modification with the director. Such motion shall be in writing, shallset forth the reasons for modification, and shall state the address of themoving party. The motion shall be served by the moving party in the mannerprovided for in subsection 5 of section 454.465 upon the obligated parentor the party holding the support rights, as appropriate. In addition, ifthe support rights are held by the division of family services on behalf ofthe state, a true copy of the motion shall be mailed by the moving party bycertified mail to the person having custody of the dependent child at thelast known address of that person. A hearing on the motion shall then beprovided in the same manner, and determinations shall be based onconsiderations set out in section 454.475, unless the party served fails torespond within thirty days, in which case the director may enter an orderby default. If the child for whom the order applies is no longer in thecustody of a person receiving public assistance or receiving supportenforcement services from the department, or a division thereof, pursuantto section 454.425, the director may certify the matter for hearing to thecircuit court in which the order was filed pursuant to section 454.490 inlieu of holding a hearing pursuant to section 454.475. If the directorcertifies the matter for hearing to the circuit court, service of themotion to modify shall be had in accordance with the provisions ofsubsection 5 of section 452.370, RSMo. If the director does not certifythe matter for hearing to the circuit court, service of the motion tomodify shall be considered complete upon personal service, or on the dateof mailing, if sent by certified mail. For the purpose of 42 U.S.C.666(a)(9)(C), the director shall be considered the appropriate agent toreceive the notice of the motion to modify for the obligee or the obligor,but only in those instances in which the matter is not certified to circuitcourt for hearing, and only when service of the motion is attempted on theobligee or obligor by certified mail.
2. A motion for modification made pursuant to this section shall notstay the director from enforcing and collecting upon the existing orderpending the modification proceeding unless so ordered by the court.
3. Only payments accruing subsequent to the service of the motion formodification upon all named parties to the motion may be modified.Modification may be granted only upon a showing of a change ofcircumstances so substantial and continuing as to make the termsunreasonable. In a proceeding for modification of any child support award,the director, in determining whether or not a substantial change incircumstances has occurred, shall consider all financial resources of bothparties, including the extent to which the reasonable expenses of eitherparty are, or should be, shared by a spouse or other person with whom he orshe cohabits, and the earning capacity of a party who is not employed. Ifthe application of the guidelines and criteria set forth in supreme courtrule 88.01 to the financial circumstances of the parties would result in achange of child support from the existing amount by twenty percent or more,then a prima facie showing has been made of a change of circumstances sosubstantial and continuing as to make the present terms unreasonable.
4. The circuit court may, upon such terms as may be just, relieve aparent from an administrative order entered against that parent because ofmistake, inadvertence, surprise, or excusable neglect.
5. No order entered pursuant to section 454.476 shall be modifiablepursuant to this section, except that an order entered pursuant to section454.476 shall be amended by the director to conform with any modificationmade by the court that entered the court order upon which the directorbased his or her order.
6. When the party seeking modifications has met the burden of proofset forth in subsection 3 of this section, then the child support shall bedetermined in conformity with the criteria set forth in supreme court rule88.01.
7. The last four digits of the Social Security number of the parentsshall be recorded on any order entered pursuant to this section. The fullSocial Security number of each party and each child shall be retained inthe manner required by section 509.520, RSMo.
Modification of an administrative order, procedure, effect--relieffrom orders, when.
454.500. 1. At any time after the entry of an order pursuant tosections 454.470 and 454.475, the obligated parent, the division, or theperson or agency having custody of the dependent child may file a motionfor modification with the director. Such motion shall be in writing, shallset forth the reasons for modification, and shall state the address of themoving party. The motion shall be served by the moving party in the mannerprovided for in subsection 5 of section 454.465 upon the obligated parentor the party holding the support rights, as appropriate. In addition, ifthe support rights are held by the division of family services on behalf ofthe state, a true copy of the motion shall be mailed by the moving party bycertified mail to the person having custody of the dependent child at thelast known address of that person. A hearing on the motion shall then beprovided in the same manner, and determinations shall be based onconsiderations set out in section 454.475, unless the party served fails torespond within thirty days, in which case the director may enter an orderby default. If the child for whom the order applies is no longer in thecustody of a person receiving public assistance or receiving supportenforcement services from the department, or a division thereof, pursuantto section 454.425, the director may certify the matter for hearing to thecircuit court in which the order was filed pursuant to section 454.490 inlieu of holding a hearing pursuant to section 454.475. If the directorcertifies the matter for hearing to the circuit court, service of themotion to modify shall be had in accordance with the provisions ofsubsection 5 of section 452.370, RSMo. If the director does not certifythe matter for hearing to the circuit court, service of the motion tomodify shall be considered complete upon personal service, or on the dateof mailing, if sent by certified mail. For the purpose of 42 U.S.C.666(a)(9)(C), the director shall be considered the appropriate agent toreceive the notice of the motion to modify for the obligee or the obligor,but only in those instances in which the matter is not certified to circuitcourt for hearing, and only when service of the motion is attempted on theobligee or obligor by certified mail.
2. A motion for modification made pursuant to this section shall notstay the director from enforcing and collecting upon the existing orderpending the modification proceeding unless so ordered by the court.
3. Only payments accruing subsequent to the service of the motion formodification upon all named parties to the motion may be modified.Modification may be granted only upon a showing of a change ofcircumstances so substantial and continuing as to make the termsunreasonable. In a proceeding for modification of any child support award,the director, in determining whether or not a substantial change incircumstances has occurred, shall consider all financial resources of bothparties, including the extent to which the reasonable expenses of eitherparty are, or should be, shared by a spouse or other person with whom he orshe cohabits, and the earning capacity of a party who is not employed. Ifthe application of the guidelines and criteria set forth in supreme courtrule 88.01 to the financial circumstances of the parties would result in achange of child support from the existing amount by twenty percent or more,then a prima facie showing has been made of a change of circumstances sosubstantial and continuing as to make the present terms unreasonable.
4. The circuit court may, upon such terms as may be just, relieve aparent from an administrative order entered against that parent because ofmistake, inadvertence, surprise, or excusable neglect.
5. No order entered pursuant to section 454.476 shall be modifiablepursuant to this section, except that an order entered pursuant to section454.476 shall be amended by the director to conform with any modificationmade by the court that entered the court order upon which the directorbased his or her order.
6. When the party seeking modifications has met the burden of proofset forth in subsection 3 of this section, then the child support shall bedetermined in conformity with the criteria set forth in supreme court rule88.01.
7. The last four digits of the Social Security number of the parentsshall be recorded on any order entered pursuant to this section. The fullSocial Security number of each party and each child shall be retained inthe manner required by section 509.520, RSMo.
Modification of an administrative order, procedure, effect--relieffrom orders, when.
454.500. 1. At any time after the entry of an order pursuant tosections 454.470 and 454.475, the obligated parent, the division, or theperson or agency having custody of the dependent child may file a motionfor modification with the director. Such motion shall be in writing, shallset forth the reasons for modification, and shall state the address of themoving party. The motion shall be served by the moving party in the mannerprovided for in subsection 5 of section 454.465 upon the obligated parentor the party holding the support rights, as appropriate. In addition, ifthe support rights are held by the division of family services on behalf ofthe state, a true copy of the motion shall be mailed by the moving party bycertified mail to the person having custody of the dependent child at thelast known address of that person. A hearing on the motion shall then beprovided in the same manner, and determinations shall be based onconsiderations set out in section 454.475, unless the party served fails torespond within thirty days, in which case the director may enter an orderby default. If the child for whom the order applies is no longer in thecustody of a person receiving public assistance or receiving supportenforcement services from the department, or a division thereof, pursuantto section 454.425, the director may certify the matter for hearing to thecircuit court in which the order was filed pursuant to section 454.490 inlieu of holding a hearing pursuant to section 454.475. If the directorcertifies the matter for hearing to the circuit court, service of themotion to modify shall be had in accordance with the provisions ofsubsection 5 of section 452.370, RSMo. If the director does not certifythe matter for hearing to the circuit court, service of the motion tomodify shall be considered complete upon personal service, or on the dateof mailing, if sent by certified mail. For the purpose of 42 U.S.C.666(a)(9)(C), the director shall be considered the appropriate agent toreceive the notice of the motion to modify for the obligee or the obligor,but only in those instances in which the matter is not certified to circuitcourt for hearing, and only when service of the motion is attempted on theobligee or obligor by certified mail.
2. A motion for modification made pursuant to this section shall notstay the director from enforcing and collecting upon the existing orderpending the modification proceeding unless so ordered by the court.
3. Only payments accruing subsequent to the service of the motion formodification upon all named parties to the motion may be modified.Modification may be granted only upon a showing of a change ofcircumstances so substantial and continuing as to make the termsunreasonable. In a proceeding for modification of any child support award,the director, in determining whether or not a substantial change incircumstances has occurred, shall consider all financial resources of bothparties, including the extent to which the reasonable expenses of eitherparty are, or should be, shared by a spouse or other person with whom he orshe cohabits, and the earning capacity of a party who is not employed. Ifthe application of the guidelines and criteria set forth in supreme courtrule 88.01 to the financial circumstances of the parties would result in achange of child support from the existing amount by twenty percent or more,then a prima facie showing has been made of a change of circumstances sosubstantial and continuing as to make the present terms unreasonable.
4. The circuit court may, upon such terms as may be just, relieve aparent from an administrative order entered against that parent because ofmistake, inadvertence, surprise, or excusable neglect.
5. No order entered pursuant to section 454.476 shall be modifiablepursuant to this section, except that an order entered pursuant to section454.476 shall be amended by the director to conform with any modificationmade by the court that entered the court order upon which the directorbased his or her order.
6. When the party seeking modifications has met the burden of proofset forth in subsection 3 of this section, then the child support shall bedetermined in conformity with the criteria set forth in supreme court rule88.01.
7. The last four digits of the Social Security number of the parentsshall be recorded on any order entered pursuant to this section. The fullSocial Security number of each party and each child shall be retained inthe manner required by section 509.520, RSMo.
