Effective - 28 Aug 1986
454.528. Execution on jointly held property, when, procedure — obligor defined — parties to action — attorney's fees, assessed against whom. — 1. The interests of one or more owners of any real or personal property held in joint tenancy with right of survivorship, or otherwise held in any form of joint interest, except for property held in the name of a husband and wife and no other, are subject to execution as provided in this section for the sole purpose of enforcing judgments or orders for child support or maintenance.
2. For purposes of this section, an "obligor" is a person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction.
3. Any party in possession of a judgment or order for child support or maintenance may request levy and execution from a court of competent jurisdiction against real or personal property held by the obligor jointly with another person as provided in this section. Unless one or more of the joint owners presents to the court, within ten days after the return date of the execution, a true copy of a prior written agreement setting forth the various interests of the joint owners, or the court determines otherwise after holding a hearing as provided for in subsection 5 of this section, it shall be presumed that the interests of the joint owners are equal. Upon levy, the execution shall constitute a lien against the obligor's presumed interest in the property. Any one or more of the joint owners may obtain relief from the lien by filing with the court a copy of a prior written agreement setting forth the various interests of the joint owners, without the necessity of filing a petition under subsection 5 of this section. A copy of the written agreement shall be sent by regular United States mail to the party requesting execution, who may challenge the validity or authenticity of the agreement by filing a petition pursuant to subsection 5 of this section.
4. Upon being served with an execution issued pursuant to this section, any third party in possession of jointly owned property may interplead said property as otherwise provided by law. Commercial banks may utilize the interpleader procedure authorized by the provisions of section 362.360. The third party shall notify the owners of the property that the property has been levied upon if the owners have addresses of record with the third party.
5. Either party, or any other joint owner as provided in subsection 1 of this section, may petition the court for a determination that the interests of the joint owners are disproportionate by filing a proper motion in the cause of action from which the levy and execution was issued. The party filing the motion shall have the burden of proof as to the claim that the interests of the joint owners are disproportionate. If subject to the jurisdiction of the court, all persons owning affected real or personal property jointly with an obligor shall be made parties to any proceeding to determine the respective interests of the joint owners. After a hearing on the motion, the court shall enter an appropriate order determining the various interests of each of the joint owners, and authorizing execution against the obligor's share for satisfaction of the child support or maintenance obligation.
6. The court may assess costs and reasonable attorney's fees against the obligor, if the court determines that the obligor has an interest in the affected jointly held property. If the court determines that the obligor has no interest in the property, costs and attorney's fees may be assessed against the party who requested the execution.
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(L. 1986 H.B. 1479 § 3)
CROSS REFERENCE:
Roth IRA not exempt from attachment for child support and maintenance, 513.430
(1988) Partnership funds are not property held in the form of joint interest under this section. Under the Uniform Partnership Law, the proper method to "seize" the interest of an individual partner in a partnership is to apply to the court for a charging order. (Mo.App. E.D.) Wills v. Wills, 750 S.W.2d 567.
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.