Withholding of income, voluntary or court may order, when, when effective
This law is about taking money directly from someone's paycheck or income to pay child support or spousal maintenance (alimony). In most cases, this withholding starts right away when a support order is made. If a person falls behind on payments by one month's worth, an extra 50% gets taken out each month until the past-due amount is paid off. An employer cannot fire, punish, or refuse to hire someone just because of one of these withholding notices. If an employer breaks that rule, a court can order them to fix it and fine them up to $500.
452.350. , voluntary or court may , when, when effective — , when — employer, duties, , fee — or discipline of employee because of a notice prohibited, — — amendment, and priorities of withholdings. — 1. Until January 1, 1994, except for orders entered or in , each order for child support or entered or modified by the court the of this chapter, or otherwise, shall include a notifying the person to pay such support or maintenance that, upon by the or the Missouri of the of social s, the 's wages or other income shall be subject to withholding without further notice if the obligor becomes in maintenance or child support payments in an amount equal to one month's total . The order shall also contain notifying the obligor that:
(1) The withholding shall be for the current month's maintenance and support; and
(2) The withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray support and maintenance, which additional withholding shall continue until the is paid in full.
2. For all orders entered or modified in IV-D cases, and effective January 1, 1994, for every order for child support or maintenance entered or modified by the court pursuant to the authority of this chapter, or otherwise, pursuant to this section shall be initiated on the of the order, except that such withholding shall not commence with the effective date of the order in any case where:
(1) One of the parties demonstrates, and the court finds, that there is not to require immediate income withholding. For purposes of this , any finding that there is good cause not to require immediate withholding must be based on, at least, a written and an explanation by the court that implementing immediate would not be in the and of timely payments of previously ordered support in cases involving the of s; or
(2) A written agreement is reached between the parties that provides for an alternative arrangement.
3. The provisions of section 432.030 to the contrary , if income withholding has not been initiated on the effective date of the initial or , the obligated may execute a voluntary at any time, which shall be filed with the court and shall take effect after service on the employer or other payer.
4. The , upon application of the obligee or the family support division, shall send, by , a written notice to the employer or other payer listed on the application when the obligated party is subject to withholding pursuant to the or 2 of this section. For orders entered or modified in cases known by the circuit clerk to be IV-D cases in which income withholding is to be initiated on the effective date of the order, and effective January 1, 1994, for all orders entered or modified by the court in which income withholding is to be initiated on the effective date of the order, the circuit clerk shall send such notice to the employer or other payer in the manner provided by this section at the time the order is entered without application of any party when an employer or other payer is identified to the circuit clerk by inclusion in the pursuant to section 452.312, or otherwise. The notice of income withholding shall be prepared by the person entitled to support pursuant to the order, or the of that person, on a form prescribed by the court, and shall be presented to the at the time the order of support is entered. The notice shall direct the employer or other payer to withhold each month an amount equal to one month's child support and maintenance until further notice from the court. In the event of a delinquency in child support or maintenance payments in an amount equal to one month's total support obligation, the notice further shall direct the employer or other payer to withhold each month an additional amount equal to fifty percent of one month's child support and maintenance until the is paid in full. The notice shall also include a statement of exemptions which may apply to limit the portion of the obligated party's which are subject to the withholding pursuant to federal or state law and notify the obligor that the obligor may request a hearing and related pursuant to this section. The notice shall contain the Social number of the obligor if available. The circuit clerk shall send a copy of this notice by regular mail to the last known address of the obligated party. A notice d pursuant to this section shall be on the employer or other payer, and employers and payers, two weeks after mailing, and shall continue until further order of the court or the family support division. If the notice does not contain the Social Security number of the obligor, the employer or other payer shall not be for withholding from the incorrect obligor. The obligated party may, within that two-week period, request a hearing on the issue of whether the withholding should take effect. The withholding shall not be pending the outcome of the hearing. The obligor may not obtain from the withholding by paying overdue support, if any. The only basis for contesting the withholding is a . For the purpose of this section, "mistake of fact" shall mean an error in the amount of , if applicable, or an error as to the identity of the obligor. The court shall hold its hearing, enter its order disposing of all issues disputed by the obligated party, and notify the obligated party and the employer or other payer, within forty-five days of the date on which the withholding notice was sent to the employer.
5. For each payment the employer may charge a fee not to exceed six dollars per month, which shall be deducted from each obligor's moneys, income or , in addition to the amount deducted to meet the support or maintenance obligation subject to the limitations contained in the (15 U.S.C. Section 1673).
6. Upon termination of the obligor's with an employer upon whom a withholding notice has been , the employer shall so notify the court in writing. The employer shall also inform the court, in writing, as to the last known address of the obligor and the name and address of the obligor's new employer, if known.
7. Amounts withheld by the employer or other payer shall be transmitted, in accordance with the notice, within seven s of the date that such amounts were payable to the obligated party. For purposes of this section, "business day" means a day that state offices are open for regular business. The employer or other payer shall, along with the amounts transmitted, provide the date each amount was withheld from each obligor. If the employer or other payer is withholding amounts for more than one order, the employer or other payer may combine all such withholdings that are payable to the same circuit clerk or the family support and transmit them as one payment, together with a separate list identifying the cases to which they apply. The cases shall be identified by court case number, name of obligor, the obligor's Social Security number, the number, if any, the amount withheld for each obligor, and the withholding date or dates for each obligor, to the extent that such information is known to the employer or other payer. An employer or other payer who fails to honor a withholding notice pursuant to this section may be held in and is liable to the obligee for the amount that should have been withheld. by an employer or other payer with the withholding notice operates as a to the obligor as to that portion of the obligor's periodic earnings or other income so affected.
8. As used in this section, the term "employer" includes the state and its .
9. An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a result of a withholding notice issued pursuant to this section. Any obligor who is as a result of a violation of this subsection may bring a civil contempt proceeding against the employer by an in the from which the withholding notice issued. If the court finds that the employer , disciplined, or refused to hire the obligor as a result of the withholding notice, the court may order the employer to or hire the obligor, or any wrongful . If, after the entry of such an order, the employer refuses without good cause to comply with the court's order, or if the employer fails to comply with the withholding notice, the court may, after notice to the employer and a hearing, impose a fine against the employer, not to exceed five hundred dollars. of any such fine shall be by the court to the county .
10. A withholding entered pursuant to this section may, upon motion of a party and for , be amended by the court. The clerk shall notify the employer of the amendment in the manner provided for in subsection 4 of this section.
11. The court, upon the motion of obligor and for good cause shown, may terminate the withholding, except that the withholding shall not be terminated for the sole reason that the obligor has fully paid past due child support and maintenance.
12. A withholding pursuant to this section shall have over any other pursuant to state law against the same wages, except that where the other legal process is an order issued pursuant to this section or section 454.505, the es shall , up to applicable . If concurrently running wage withholding processes for the collection of would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations and includes a wage withholding from another state pursuant to section 454.932, the employer shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, delinquencies shall be satisfied using the same procedure used for current support, up to the applicable limitation. If concurrently running wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations and does not include a wage withholding from another state pursuant to section 454.932, the employer shall withhold and pay to the payment center an amount equal to the wage withholding limitations. The payment center shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, arrearages shall be satisfied using the same pro rata distribution procedure used for distributing current support, up to the applicable limitation.
13. The provided by this section applies to child support and maintenance orders entered prior to August 13, 1986, notwithstanding the absence of the notice to the obligor provided for in subsection 1 of this section, provided that prior notice from the circuit clerk to the obligor in the manner prescribed in subsection 5 of section 452.345 is given.
14. Notwithstanding any provisions of this section to the contrary, in a case in which support rights have been to the state or in which the family support division is providing support services pursuant to section 454.425, the of the family support division may amend or terminate a withholding order issued pursuant to this section, as provided in this subsection without further of the court. The director may amend or terminate a withholding order and issue an withholding order pursuant to section 454.505 when the director that children for whom the support order applies are no longer entitled to support pursuant to section 452.340, when the support obligation otherwise ends and all arrearages are paid, when the support obligation is modified pursuant to section 454.500, or when the director enters an order that is approved by the court pursuant to section 454.496. The director shall notify the employer and the circuit clerk of such amendment or termination. The director's administrative withholding order or withholding termination order shall and any previous judicial withholding order issued pursuant to this or any other section.
15. For the purpose of this section, "income" means any periodic form of payment due to an individual, regardless of source, including wages, salaries, , bonuses, , benefits, payments pursuant to a or a retirement program and interest.
16. If the of the Department of Health and Human Services a standard format for an employer income withholding notice, the court shall use or require the use of such notice.
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Source & history notes
(L. 1973 H.B. 315 § 11, A.L. 1982 S.B. 468, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1987 H.B. 484, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision) (1980) Statute providing specifically for assignment of future wages upon order of court for purposes of enforcing order for maintenance created an exception to § 432.030 prohibiting the assignment of future wages. Brinley v. Karnes (A.), 595 W.W.2d 465.
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