Effective - 01 Jul 1997
454.518. Lien on law suits, claims or counterclaims, when, procedure — notice, contents — liability of persons making payment or settlement after notice — duties of clerk. — 1. The director, IV-D agency or the obligee may cause a lien for unpaid and delinquent child or spousal support to be placed upon any and all claims, counterclaims, or suits at law of any obligor delinquent in child or spousal support payments.
2. No such lien shall be effective unless and until a written notice is filed with the clerk of the court in which the claim, counterclaim or suit at law is pending, and the clerk of the court mails the notices required by subsection 5 of this section. The notice shall contain the name and address of the delinquent obligor, the Social Security number of the obligor, if known, the name of the obligee, and the amount of delinquent child or spousal support.
3. Notice of this 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, corporation or corporations, including an insurance carrier, making any payment or settlement in full or partial satisfaction of the claim, counterclaim or suit at law, after receipt of such notice, as defined in subsection 5 of this section, shall be liable to the obligee or, if support has been assigned pursuant to subsection 2 of section 208.040, to the state or IV-D agency in an amount equal to the lesser of the payment or settlement, or the 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 payment or settlement.
5. Upon the filing of a notice pursuant to this section, the clerk of the court shall mail to the obligor and to all attorneys of record a copy of the notice. The obligor and attorneys of record shall be deemed to have received the notice within five days of the mailing by the clerk. The lien described in this section shall attach to any payment or settlement made more than five days after the clerk mailed the notice.
6. 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 lienholder or payor. 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.
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(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)
Effective 7-01-97
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.