Lien on workers' compensation, when, procedure
If someone owes unpaid child or spousal support, the people they owe money to can place a lien on any workers' compensation money that person is supposed to receive. The lien is set up by filing a written notice with the state workers' compensation office, and it only applies if the unpaid amount is more than $100. Anyone who pays out workers' compensation money after getting that notice could be held responsible for the unpaid support if they ignore the lien.
454.517. on , when, procedure — notice, contents — of lien — duties of of workers' compensation — . — 1. The director, or the may cause a lien for unpaid and or to be placed upon any payable to an in child or spousal support payments.
2. No such lien shall be effective unless and until a written notice is filed with the director of the . The notice shall contain the name and address of the delinquent obligor, the Social number of the obligor, if known, the name of the obligee, and the amount of delinquent child or spousal support.
3. Notice of lien shall not be filed unless the delinquent child or spousal support obligation exceeds one hundred dollars.
4. Any person or persons, firm or firms, or corporations, including an , making any payment of workers' compensation benefits to such obligor or to such obligor's attorneys, or , after receipt of such notice, as defined in 5 of this section, shall be to the obligee or, if support has been subsection 2 of section 208.040, to the state or IV-D agency in an amount equal to the lesser of the workers' compensation benefits paid or delinquent child or spousal support. In such event, the lien may be enforced by a suit at law against any person or persons, firm or firms, corporation or corporations making the workers' compensation payment.
5. Upon the of a notice pursuant to this section, the director of the division of workers' compensation shall mail to the obligor and to all attorneys and of , a copy of the notice. The obligor, attorneys and insurance carriers shall be to have received the notice within five days of the mailing of the notice by the director of the division of workers' compensation. The lien described in this section shall attach to all workers' compensation benefits which are thereafter payable.
6. A notice issued by the IV-D agency of this state shall advise the obligor of the procedures to the lien under section 454.475 on the grounds that such lien is improper due to a mistake of fact by requesting a within thirty days of the mailing date of the notice. At such a hearing the of the and the sworn or of shall constitute that the director's is valid and . If a case is established, the obligor may only assert mistake of fact as a . For purposes of this section, "mistake of fact" means an error in the amount of the overdue support or an error as to the identity of the obligor. The obligor shall have the on such issues.
7. In cases which are not , to cause a lien pursuant to the of this section the obligee or the obligor's attorney shall file notice of the lien with the or . This notice shall have attached a certified copy of the court order with all modifications and a by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages.
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Source & history notes
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361, A.L. 2010 H.B. 1692, et al.)
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