When someone owes child support under a court order, a state director can create an administrative order to have money taken out of that person's paycheck. To start this, the state needs a copy of the court order, a statement of how much is owed, and basic info about the person who owes support. That person gets a copy by certified mail, and has 14 days to ask for a hearing to fight the order. At the hearing, the only defense allowed is that the amount is wrong or that they have the wrong person.
454.476. s may be d, when — duties of — . — 1. If a has previously been entered, the director may enter an administrative order in accordance with the court order, upon receiving from the , a child of another state, or the court:
(1) A of the court order together with all modifications ;
(2) A by the obligee or a from the court attesting to or certifying the amount of under the court order;
(3) A statement of the name, last known address and, if known, the Social number of the ; and
(4) The name and address of the obligor's employer or other , if known.
2. The obligor shall be sent a copy of the administrative order by , addressed to the obligor's last known address or, if applicable, the obligor's attorney's last known address. The obligee shall be sent a copy of the administrative order by regular mail. Copies of the shall be mailed within fourteen days of .
3. Upon of the order, the director shall issue an order directing an employer or other payor to withhold and pay over money due or to become due to the as set out in section 454.505.
4. The obligor or obligee, within fourteen days after receiving notice of the director's order, may request an as provided in section 454.475 to the order or thereunder. At such hearing, the certified copy of the court order and the or certified statement of arrearages shall constitute that the director's order is valid and . Once the is established, the obligor may assert only as a . Mistake of fact shall mean an error in the amount of arrearages or an error as to the identity of the obligor. The obligor shall have the as to these issues. The obligor may not obtain from the withholding by paying the overdue support.
5. If the obligor requests a hearing, the withholding be implemented unless the obligor posts a or other security satisfactory to the director to insure payment of support.
6. Every order which contains a for the support of a child, whether entered by a court or an body of this or any other state, and whether entered prior to or subsequent to of this section, shall be enforceable by an order to withhold as provided for by section 454.505 immediately upon with 1 of this section.
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Source & history notes
(L. 1986 H.B. 1479, A.L. 1997 S.B. 361) Effective 7-01-97
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RSMo 454.475
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.