Obligor, defined--conveyances of entirety, property set aside,when--hearing, presumption, burden of proving good faith.
454.525. 1. For purposes of this section, an "obligor" is aperson who owes a duty of support as determined by a court oradministrative agency of competent jurisdiction.
2. Any conveyance of real or personal property made by theobligor, including conveyances made by the obligor to himself andhis spouse as tenants by the entirety, for the purpose and withthe intent to delay, hinder or defraud the person to whom thesupport obligation is owed shall be voidable, as long as thetenancy by the entirety exists and until a good faith purchaserfor value gains title to the property. This subsection shall notoperate to impair the commercial banks' defense under section362.470, RSMo.
3. Any party owed a support obligation may maintain anaction for the purpose of setting aside a fraudulent conveyanceby filing an appropriate motion in the cause of action thatproduced the support order, or if the order was establishedpursuant to sections 454.440 to 454.510, by filing a petition inthe court in which the order was filed pursuant to section454.490. Where the party seeking to set aside the conveyancepresents evidence that the conveyance was made voluntarily andwithout adequate consideration or in anticipation of entry orenforcement of a judicial or administrative support order, apresumption shall arise that the conveyance was made withfraudulent intent. Upon such a showing, the burden of* provingthat the conveyance was made in good faith shall rest with theobligor.
4. If after a hearing the court determines that theconveyance was made for the purpose and with the intent to delay,hinder or defraud the person to whom the support obligation isowed, the court shall set the conveyance aside and subject theproperty to execution for satisfaction of the support judgmentsubject to the interest of the good faith purchaser for value,mortgagee, or commercial bank.
Obligor, defined--conveyances of entirety, property set aside,when--hearing, presumption, burden of proving good faith.
454.525. 1. For purposes of this section, an "obligor" is aperson who owes a duty of support as determined by a court oradministrative agency of competent jurisdiction.
2. Any conveyance of real or personal property made by theobligor, including conveyances made by the obligor to himself andhis spouse as tenants by the entirety, for the purpose and withthe intent to delay, hinder or defraud the person to whom thesupport obligation is owed shall be voidable, as long as thetenancy by the entirety exists and until a good faith purchaserfor value gains title to the property. This subsection shall notoperate to impair the commercial banks' defense under section362.470, RSMo.
3. Any party owed a support obligation may maintain anaction for the purpose of setting aside a fraudulent conveyanceby filing an appropriate motion in the cause of action thatproduced the support order, or if the order was establishedpursuant to sections 454.440 to 454.510, by filing a petition inthe court in which the order was filed pursuant to section454.490. Where the party seeking to set aside the conveyancepresents evidence that the conveyance was made voluntarily andwithout adequate consideration or in anticipation of entry orenforcement of a judicial or administrative support order, apresumption shall arise that the conveyance was made withfraudulent intent. Upon such a showing, the burden of* provingthat the conveyance was made in good faith shall rest with theobligor.
4. If after a hearing the court determines that theconveyance was made for the purpose and with the intent to delay,hinder or defraud the person to whom the support obligation isowed, the court shall set the conveyance aside and subject theproperty to execution for satisfaction of the support judgmentsubject to the interest of the good faith purchaser for value,mortgagee, or commercial bank.
Obligor, defined--conveyances of entirety, property set aside,when--hearing, presumption, burden of proving good faith.
454.525. 1. For purposes of this section, an "obligor" is aperson who owes a duty of support as determined by a court oradministrative agency of competent jurisdiction.
2. Any conveyance of real or personal property made by theobligor, including conveyances made by the obligor to himself andhis spouse as tenants by the entirety, for the purpose and withthe intent to delay, hinder or defraud the person to whom thesupport obligation is owed shall be voidable, as long as thetenancy by the entirety exists and until a good faith purchaserfor value gains title to the property. This subsection shall notoperate to impair the commercial banks' defense under section362.470, RSMo.
3. Any party owed a support obligation may maintain anaction for the purpose of setting aside a fraudulent conveyanceby filing an appropriate motion in the cause of action thatproduced the support order, or if the order was establishedpursuant to sections 454.440 to 454.510, by filing a petition inthe court in which the order was filed pursuant to section454.490. Where the party seeking to set aside the conveyancepresents evidence that the conveyance was made voluntarily andwithout adequate consideration or in anticipation of entry orenforcement of a judicial or administrative support order, apresumption shall arise that the conveyance was made withfraudulent intent. Upon such a showing, the burden of* provingthat the conveyance was made in good faith shall rest with theobligor.
4. If after a hearing the court determines that theconveyance was made for the purpose and with the intent to delay,hinder or defraud the person to whom the support obligation isowed, the court shall set the conveyance aside and subject theproperty to execution for satisfaction of the support judgmentsubject to the interest of the good faith purchaser for value,mortgagee, or commercial bank.
