Effective - 28 Aug 2002, 2 histories
454.516. Lien on motor vehicles, boats, motors, manufactured homes and trailers, when, procedure — notice, contents — registration of lien, restrictions, removal of lien — public sale, when — good faith purchasers — child support lien database to be maintained. — 1. The director or IV-D agency may cause a lien pursuant to subsections 2 and 3 of this section or the obligee may cause a lien pursuant to subsection 8 of this section for unpaid and delinquent child support to block the issuance of a certificate of ownership for motor vehicles, motor boats, outboard motors, manufactured homes and trailers that are registered in the name of a delinquent child support obligor.
2. The director or IV-D agency shall notify the department of revenue with the required information necessary to impose a lien pursuant to this section by filing a notice of lien.
3. The director or IV-D agency shall not notify the department of revenue and the department of revenue shall not register lien except as provided in this subsection. After the director or IV-D agency decide that such lien qualifies pursuant to this section and forward it to the department of revenue, the director of revenue or the director's designee shall only file such lien against the obligor's certificate of ownership when:
(1) The obligor has unpaid child support which exceeds one thousand dollars;
(2) The property has a value of more than three thousand dollars as determined by current industry publications that provide such estimates to dealers in the business, and the property's year of manufacture is within seven years of the date of filing of the lien except in the case of a motor vehicle that has been designated a historic vehicle;
(3) The property has no more than two existing liens for child support;
(4) The property has had no more than three prior liens for child support in the same calendar year.
4. In the event that a lien is placed and the obligor's total support obligation is eliminated, the director shall notify the department of revenue that the lien shall be removed.
5. Upon notification that a lien exists pursuant to this section, the department of revenue shall register the lien on the records of the department of revenue. Such registration shall contain the type and model of the property and the serial number of the property.
6. Upon notification by the director that the lien shall be removed pursuant to subsection 4 of this section, the department of revenue shall register such removal of lien on its database, that shall contain the type and model of the property and the serial number of the property.
7. A good faith purchaser for value without notice of the lien or a lender without notice of the lien takes free of the lien.
8. In cases which are not IV-D cases, to cause a lien pursuant to the provisions of this section the obligee or the obligee's attorney shall file notice of the lien with the department of revenue. This notice shall have attached a certified copy of the court order with all modifications and a sworn statement by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages.
9. Notwithstanding any other law to the contrary, the department of revenue shall maintain a child support lien database that may be collected against the owner on a certificate of ownership provided for by chapters 301, 306 and 700. To determine any existing liens for child support pursuant to this section, the lienholder, dealer or buyer may inquire electronically into the database. A good faith purchaser for value without notice of the lien or a lender without notice of the lien takes free of the lien.
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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361, A.L. 2002 H.B. 2008 and S.B. 895, A.L. 2009 H.B. 481)
Structure Missouri Revised Statutes
Title XXX - Domestic Relations
Chapter 454 - Enforcement of Support Law
Section 454.395 - Forms for income withholding, liens and subpoenas.
Section 454.400 - Family support division established — duties, powers — rules, procedure.
Section 454.402 - Equipment purchased by county for support enforcement to be property of county.
Section 454.408 - Duties of the family support division.
Section 454.410 - Assignment of support rights, obligation to state, when.
Section 454.412 - State case registry established, records kept.
Section 454.413 - Filing with the state case registry, when.
Section 454.425 - Support enforcement services by division, when, for whom — fees, when allowed.
Section 454.445 - Fees for certain actions and documents, division not required to pay.
Section 454.460 - Definitions.
Section 454.472 - No suit maintained if child support is current.
Section 454.476 - Administrative orders may be issued, when — duties of director — hearing.
Section 454.478 - Summary of expenses required, when.
Section 454.490 - Orders entered by director, docketing of, effect.
Section 454.501 - Support, courts, jurisdiction, effect of determinations.
Section 454.510 - Supreme court to provide rules for certain hearings.
Section 454.511 - Denial of a passport for child support arrearage, when — mistake of fact, defined.
Section 454.522 - Subordination of liens, when.
Section 454.531 - Recovery of erroneously paid child support, procedures — penalty.
Section 454.533 - Family support trust fund established.
Section 454.539 - Admissibility of payment center records — certification by the director.
Section 454.542 - Compliance with subpoenas.
Section 454.545 - Rebuttable presumption for authenticity of certain judicial orders and documents.
Section 454.548 - Processing fee permitted, amount.
Section 454.554 - Notice to obligor, when — contempt motion filed, when.
Section 454.557 - Obligations not recorded in automated system, when.
Section 454.559 - Payments made to center upon request.
Section 454.560 - Endorsement of negotiable instruments, when.
Section 454.565 - Report to the general assembly, when.
Section 454.600 - Definitions.
Section 454.609 - Notice to obligor, contents — grounds for contesting, hearing.
Section 454.621 - No change of coverage required.
Section 454.624 - Payment of benefit due, discharge from liability.
Section 454.627 - Termination of obligor's employment or coverage, notification of obligee.
Section 454.630 - Release of information.
Section 454.636 - Order of income withholding, priority — current obligation.
Section 454.639 - Collection and enforcement — remedies — modification.
Section 454.642 - Compliance by employer or union, discharge of liability — termination of order.
Section 454.849 - Effective date of repeal of act.
Section 454.1000 - Definitions.
Section 454.1003 - Suspension of a professional or occupational license, when, procedure.
Section 454.1005 - Hearing to show cause for suspension of a license, procedure.
Section 454.1008 - Licensing authority's responsibilities upon receipt of a suspension order.
Section 454.1015 - Fee charged by licensing authority for administrative costs permitted.
Section 454.1018 - Rules — promulgated by the division.
Section 454.1020 - Standards for licensure information provided to the division, method, contents.
Section 454.1025 - Request for rules for suspension or sanctioning of law license, when.
Section 454.1027 - Hunting and fishing license sanctions — department of conservation.
Section 454.1029 - No suspension of licenses while obligor honors the support agreement.
Section 454.1031 - Penalties for denial or interference with visitation or custody.
Section 454.1500 - Short title.
Section 454.1503 - Definitions.
Section 454.1506 - State tribunal and support enforcement agency.
Section 454.1509 - Remedies cumulative.
Section 454.1512 - Application of act to resident of foreign country and foreign support proceeding.
Section 454.1515 - Basis for jurisdiction over nonresident.
Section 454.1518 - Duration of personal jurisdiction.
Section 454.1521 - Initiating and responding tribunal of state.
Section 454.1524 - Simultaneous proceedings.
Section 454.1527 - Continuing, exclusive jurisdiction to modify child support orders.
Section 454.1530 - Continuing jurisdiction to enforce child support order.
Section 454.1533 - Determination of controlling child support order.
Section 454.1536 - Child support orders for two or more obligees.
Section 454.1539 - Credit for payments.
Section 454.1542 - Application of act to nonresident subject to personal jurisdiction.
Section 454.1545 - Continuing, exclusive jurisdiction to modify spousal support order.
Section 454.1548 - Proceedings under act.
Section 454.1551 - Proceeding by minor parent.
Section 454.1554 - Application of law of state.
Section 454.1557 - Duties of initiating tribunal.
Section 454.1560 - Duties and powers of responding tribunal.
Section 454.1563 - Inappropriate tribunal.
Section 454.1566 - Duties of support enforcement agency.
Section 454.1569 - Duty of state official or agency.
Section 454.1572 - Private counsel.
Section 454.1575 - Duties of state information agency.
Section 454.1578 - Pleadings and accompanying documents.
Section 454.1581 - Nondisclosure of information in exceptional circumstances.
Section 454.1584 - Costs and fees.
Section 454.1587 - Limited immunity of petitioner.
Section 454.1590 - Nonparentage as defense.
Section 454.1593 - Special rules of evidence and procedure.
Section 454.1596 - Communications between tribunals.
Section 454.1599 - Assistance with discovery.
Section 454.1602 - Receipt and disbursement of payments.
Section 454.1605 - Establishment of support order.
Section 454.1608 - Proceeding to determine parentage.
Section 454.1611 - Employer's receipt of income withholding order of another state.
Section 454.1614 - Employer's compliance with income withholding order of another state.
Section 454.1617 - Employer's compliance with two or more income withholding orders.
Section 454.1620 - Immunity from civil liability.
Section 454.1623 - Penalties for noncompliance.
Section 454.1626 - Contest by obligor.
Section 454.1629 - Administrative enforcement of orders.
Section 454.1632 - Registration of order for enforcement.
Section 454.1635 - Procedure to register order for enforcement.
Section 454.1638 - Effect of registration for enforcement.
Section 454.1641 - Choice of law.
Section 454.1644 - Notice of registration of order.
Section 454.1647 - Procedure to contest validity or enforcement of registered support order.
Section 454.1650 - Contest of registration or enforcement.
Section 454.1653 - Confirmed order.
Section 454.1656 - Procedure to register child support order of another state for modification.
Section 454.1659 - Effect of registration for modification.
Section 454.1662 - Modification of child support order of another state.
Section 454.1665 - Recognition of order modified in another state.
Section 454.1671 - Notice to issuing tribunal of modification.
Section 454.1674 - Jurisdiction to modify child support of foreign country.
Section 454.1677 - Procedure to register child support order of foreign country for modification.
Section 454.1680 - Definitions.
Section 454.1683 - Applicability.
Section 454.1686 - Relationship of governmental entity to United States authority.
Section 454.1689 - Initiation by governmental entity of support proceeding under convention.
Section 454.1692 - Direct request.
Section 454.1695 - Registration of convention support order.
Section 454.1698 - Contest of registered convention support order.
Section 454.1701 - Recognition and enforcement of registered convention support order.
Section 454.1704 - Partial enforcement.
Section 454.1707 - Foreign support agreement.
Section 454.1710 - Modification of convention child support order.
Section 454.1713 - Personal information — limit on use.
Section 454.1716 - Record in original language — English translation.
Section 454.1719 - Grounds for rendition.
Section 454.1722 - Conditions of rendition.
Section 454.1725 - Uniformity of application and construction.
Section 454.1727 - Severability.