Maintenance or support payments to circuit clerk or family support payment center, when
When someone owes money for spousal support or child support, the court can order those payments to go through the circuit clerk or a state payment center instead of directly to the other person. The clerk keeps records of payments and passes the money along to the person who is supposed to get it. If someone falls behind on payments by at least one month, the clerk sends a notice to the person who owes money and to the person who should be receiving it, letting them know about the missed payments and that their wages could be withheld.
452.345. or support payments to or family support , when — procedure — duties of parties — failure to pay, circuit clerk duties. — 1. As used in sections 452.345 to 452.350, the term "" shall mean a case in which support rights have been to the state of Missouri or where the is providing support services section 454.400.
2. At any time the court, upon its own , may, or upon the motion of either shall, that maintenance or support payments be made to the circuit clerk as for to the person entitled to receive the payments. The circuit clerk shall such support payments to the person entitled to receive the payments within three working days of receipt by the circuit clerk. Circuit clerks shall all receipts no later than the next working day after receipt. Payment by a nonguaranteed occurs when the has cleared the 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 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 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 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 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 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 subsequent to that date, except a IV-D case, if a party becomes in maintenance or support payments in an amount equal to one month's total , the of this 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 stating the particulars of the 's , the circuit clerk shall send by regular mail notice of the 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 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 . This notice shall state the amount of the delinquency and shall advise the obligee that , pursuant to section 452.350, is available for collection of support delinquencies and current support, and if the includes amounts for child support, that support enforcement services, pursuant to section 454.425, are available through the Missouri family support division of the of social services.
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Source & history notes
(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.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.