Obligor, defined
When someone owes child or spousal support, they cannot give away or transfer their property just to avoid paying. If they do, a court can cancel that transfer and use the property to pay the support they owe. If the person gave away property for free or for very little money, the court automatically suspects it was done to cheat the person owed support, and the person who made the transfer has to prove they did it honestly.
454.525. , defined — of entirety, property , when — , , . — 1. For purposes of this section, an "obligor" is a person who owes a as determined by a court or of .
2. Any of made by the obligor, including conveyances made by the obligor to himself and his spouse as , for the purpose and with the intent to delay, hinder or defraud the person to whom the is owed shall be , as long as the exists and until a gains to the property. This shall not operate to impair the commercial banks' under section 362.470.
3. Any owed a support obligation may maintain an for the purpose of setting aside a by an in the that produced the , or if the was established sections 454.440 to 454.510, by filing a in the court in which the order was filed pursuant to section 454.490. Where the party seeking to set aside the conveyance presents evidence that the conveyance was made voluntarily and without or in anticipation of entry or of a judicial or order, a presumption shall arise that the conveyance was made with intent. Upon such a showing, the of* proving that the conveyance was made shall rest with the obligor.
4. If after a hearing the court that the conveyance was made for the purpose and with the intent to delay, hinder or defraud the person to whom the support obligation is owed, the court shall set the conveyance aside and subject the property to for of the support subject to the interest of the good faith purchaser for value, , or commercial bank.
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Source & history notes
(L. 1986 H.B. 1479 § 2) *Word "or" appears in original rolls.
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