Offered March 20, 1997.

Senate Substitute adopted, March 25, 1997.

Taken up for Perfection March 25, 1997. Bill declared Perfected and Ordered Printed, as amended

TERRY L. SPIELER, Secretary.

S0867.03P

To repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 285.300, 285.302, 285.304, 288.250, 379.116, 451.040, 452.305, 452.315, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.500, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, sections 452.340, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979 and 454.980, RSMo Supp. 1996, and sections 210.842 and 452.345, as both versions of such sections appear in RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty-three new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 285.300, 285.302, 285.304, 288.250, 379.116, 451.040, 452.305, 452.315, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.500, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, sections 452.340, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979 and 454.980, RSMo Supp. 1996, and sections 210.842 and 452.345, as both versions of such sections appear in RSMo Supp. 1996, are repealed and one hundred thirty-three new sections enacted in lieu thereof, to be known as sections 193.085, 193.087, 193.145, 193.215, 208.055, 210.822, 210.823, 210.832, 210.834, 210.839, 210.841, 210.842, 285.300, 285.302, 285.304, 288.250, 379.116, 451.040, 452.305, 452.315, 452.340, 452.345, 452.347, 452.350, 452.370, 454.356, 454.357, 454.400, 454.401, 454.403, 454.408, 454.410, 454.412, 454.413, 454.415, 454.425, 454.440, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.498, 454.500, 454.505, 454.507, 454.511, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.530, 454.603, 454.808, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.934, 454.936, 454.938, 454.941, 454.943, 454.946, 454.948, 454.951, 454.953, 454.956, 454.958, 454.961, 454.963, 454.966, 454.968, 454.971, 454.973, 454.976, 454.978, 454.981, 454.983, 454.986, 454.989, 454.991, 454.993, 454.995, 454.997, 454.1000, 454.1003, 454.1005, 454.1008, 454.1010, 454.1013, 454.1015, 454.1020, 454.1023, 454.1025, 454.1027, 486.225, 620.145, 1, 2, 3 and 4, to read as follows:

     193.085. 1. A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar, or as otherwise directed by the state registrar, within seven days after such birth and shall be registered if it has been completed and filed in accordance with this section.

     2. When a birth occurs in an institution or en route thereto, the person in charge of the institution or his designated representative shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate as required by this section or as otherwise directed by the state registrar within the required seven days. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within five days after the birth. If the physician or other person in attendance does not certify to the facts of birth within the five-day period, the person in charge of the institution shall complete and sign the certificate.

     3. When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

     (1) The physician in attendance at or immediately after the birth;

     (2) Any other person in attendance at or immediately after the birth;

     (3) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

     4. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined.

     5. If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child.

     6. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

     7. Notwithstanding any other law to the contrary, if a child is born to unmarried parents, the name of the father and other required information shall be entered on the certificate of birth only if an acknowledgment of paternity as provided for in section 193.215, is completed, or if paternity is determined by a court of competent jurisdiction or by an administrative order of the division of child support enforcement.

     [7.] 8. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

     [8.] 9. The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection 5 of this section.

     [9.] 10. Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the required seven days.

     193.087. 1. In addition to the requirements of subsection 2 of section 193.085, when a birth occurs to an unmarried mother, whether in an institution or en route thereto, the person in charge of the institution or a designated representative shall provide a form or affidavit prescribed by the state registrar that can be completed by the child's mother and father to voluntarily acknowledge paternity of the child as provided in section 193.215, and file the form, when completed, along with the certificate required by [this] section 193.085. Along with the form, this person or designee shall provide the oral and written [information] notice to the affiant[, furnished by the division of child support enforcement of the department of social services, regarding:

     (1) The implications of signing the affidavit acknowledging paternity, including parental rights and responsibilities;

     (2) The benefits of having the child's paternity established;

     (3) The availability of paternity establishment and child support enforcement services] required by section 193.215.

     2. Any institution, the person in charge or a designated representative is immune from civil or criminal liability for providing the form or affidavit required by subsection 1 of this section, the information developed pursuant to that subsection, or otherwise fulfilling the duties required by subsection 1 of this section.

     3. The division of child support enforcement may contract with the department of health to provide assistance and training to the hospital staff assigned responsibility for providing the information, as appropriate, to carry out duties provided in subsection 1 of this section. The division of child support enforcement shall develop and distribute free of charge the information on the rights and responsibilities of parents that is required to be distributed pursuant to [subsection 1 of] this section. The department of health shall provide free of charge to hospitals the acknowledgment of paternity affidavit, and instructions on the completion of the affidavit.

     4. If no contract is developed with the department of health, then the division of child support enforcement shall provide the assistance and training activities to hospitals that are provided for in subsection 3 of this section.

     193.145. 1. A certificate of death for each death which occurs in this state shall be filed with the local registrar, or as otherwise directed by the state registrar, within five days after death and shall be registered if it has been completed and filed in accordance with this section.

     2. If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. The date of death shall be the date on which the remains were found.

     3. When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined.

     4. The funeral director or person acting as such in charge of final disposition of the dead body shall file the certificate of death. He or she shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor.

     5. The medical certification shall be completed, signed, and returned to the funeral director or person acting as such within seventy-two hours after death by the physician in charge of the patient's care for the illness, or condition which resulted in death. In the absence of the physician or with his approval the certificate may be completed and signed by his associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. The social security number of any individual who has died shall be placed in the records relating to the death and be recorded on the death certificate.

     6. When death occurs from natural causes more than thirty-six hours after the decedent was last treated by a physician, the case shall be referred to the county medical examiner or coroner or physician or local registrar for investigation to determine and certify the cause of death. If the death is determined to be of a natural cause, the medical examiner or coroner or local registrar shall refer the certificate of death to the attending physician for his certification, if the attending physician refuses or is otherwise unavailable, the medical examiner or coroner or local registrar shall sign the certificate of death within thirty-six hours.

     7. If the circumstances suggest that the death was caused by other than natural causes, the medical examiner or coroner shall determine the cause of death and shall complete and sign the medical certification within seventy-two hours after taking charge of the case.

     8. If the cause of death cannot be determined within seventy-two hours after death, the attending medical examiner or coroner or attending physician or local registrar shall give the funeral director, or person acting as such, notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the medical examiner or coroner or attending physician or local registrar.

     9. When a death is presumed to have occurred within this state but the body cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a court of competent jurisdiction which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "Presumptive" and shall show on its face the date of registration and shall identify the court and the date of decree.

     193.215. 1. A certificate or report registered [under] pursuant to sections 193.005 to 193.325 may be amended only [in accordance with] pursuant to the provisions of sections 193.005 to 193.325, and regulations adopted by the department.

     2. A certificate or report that is amended [under] pursuant to this section shall be marked "Amended" except as otherwise provided in this section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made part of the record.

     3. Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of such person or [his] such person's parents, guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. The court order shall include such facts as are necessary to locate and identify the certificate of birth of the person whose name is being changed.

     4. When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and [shall further advise the applicant of] the applicant's right of appeal to a court of competent jurisdiction.

     5. When a certificate or report is amended [under] pursuant to this section, the state registrar shall report the amendment to any other custodians of the vital record and their record shall be amended accordingly.

     6. Upon written request of both parents and receipt of a sworn acknowledgment of paternity notarized and signed by both parents of a child born out of wedlock, the state registrar shall amend the certificate of birth to show such paternity [if paternity is not already shown on the certificate of birth. The paternity acknowledgment form used by the state registrar shall include instructions for filing and lines for the parents' social security numbers and addresses. The form shall contain or be accompanied by information explaining the rights and responsibilities of acknowledging paternity]. The acknowledgment affidavit form shall be developed by the state registrar and shall include the minimum requirements prescribed by the secretary of the Department of Health and Human Services pursuant to 42 U.S.C. section 652(a)(7). The form shall be accompanied by oral and written notice to the mother and putative father of:

     (1) The alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment;

     (2) The benefits of having the child's paternity established; and

     (3) The availability of paternity establishment and child support enforcement services.

If an acknowledgment is rescinded by one of the signatories by filing a rescission with the bureau of vital records or vacated upon an order of the court or division of child support enforcement as provided for in section 210.823, RSMo, an amended certificate of birth shall be issued without the name and identifying information of the father.

     7. The department shall offer voluntary paternity establishment services as prescribed by the secretary of the Department of Health and Human Services pursuant to 42 U.S.C. section 666(a)(5).

     [7.] 8. Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of such person or [his or her] such person's parents, guardian[,] or legal representative, the state registrar shall amend the certificate of birth to show the new name.

     [8.] 9. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended.

     208.055. 1. A person who has applied for or is receiving public assistance under programs funded under Part A of Title IV or Title XIX of the federal Social Security Act shall:

     (1) Cooperate in good faith in establishing the paternity of, or in establishing, modifying, or enforcing a support order for any child of such person by providing the division of child support enforcement with the name of the noncustodial parent of the child and such other information as the division may require with respect to such parent, subject to good cause and other exceptions to be applied in each case as defined by the division of child support enforcement; and

     (2) Assign to the state any rights to support from any other person such applicant may have in the applicant's own behalf or on behalf of any other family member for whom the applicant is applying for or receiving public assistance. An application for public assistance shall constitute an assignment of support rights and shall take effect by operation of law upon a determination that the applicant is eligible for public assistance. The assignment is effective for both current and accrued support obligations, and authorizes the division of child support enforcement to bring any administrative or judicial action to establish or enforce a current support obligation, to collect support arrearages accrued under an existing order for support, or to seek reimbursement of public assistance provided by the state.

     2. For purposes of this section, "public assistance" means any income support benefit including, but not limited to, money, shelter, except temporary shelter, institutional care, medical care, dental care, or psychiatric and psychological service. Public assistance includes programs under the federal Social Security Act including, but not limited to, Part IV-A or Title XIX, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

     210.822. 1. A man [is] shall be presumed to be the natural father of a child if:

     (1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of separation is entered by a court; or

     (2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or [could] may be declared invalid, and:

     (a) If the attempted marriage [could] may be declared invalid only by a court, the child is born during the attempted marriage[,] or within three hundred days after its termination by death, annulment, declaration of invalidity[,] or dissolution; or

     (b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or

     (3) After the child's birth, he and the child's natural mother have married[,] or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the marriage is or [could] may be declared invalid, and:

     (a) He has acknowledged his paternity of the child in writing filed with the bureau; or

     (b) With his consent, he is named as the child's father on the child's birth certificate before July 1, 1997; or

     (c) He is obligated to support the child [under] pursuant to a written voluntary promise or by court order; or

     (4) [He acknowledges his paternity of the child in an affidavit, which is also signed by the natural mother and filed with the bureau or such similar agency in the state where the child was born and paternity acknowledgment by affidavit is permitted by law. If another man is presumed under this section to be the child's father, acknowledgment may be accomplished only with the written consent of the presumed father or after the presumption has been rebutted; or

     (5) The experts conclude] An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight percent or higher, using a prior probability of 0.5.

     2. A presumption [under] pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence, except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment of paternity in a state or territory in which the filing creates a conclusive presumption by law also has conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing the paternity of the child by another man.

     210.823. 1. A signed acknowledgment of paternity form pursuant to section 193.215, RSMo, shall be considered a legal finding of paternity subject to the right of either signatory to rescind the acknowledgment, in writing, by filing such rescission with the bureau within the earlier of:

     (1) Sixty days from the date of the last signature; or

     (2) The date of an administrative or judicial proceeding to establish a support order in which the signatory is a party.

The acknowledgment may thereafter only be challenged in court on the basis of fraud, duress or material mistake of fact with the burden of proof upon the challenger. No judicial or administrative proceeding shall be required or permitted to ratify an unchallenged acknowledgment of paternity.

     2. Except for good cause shown, the legal responsibilities of the parties, including child support obligations, shall not be suspended during the pendency of any action in which an attempt is made to revoke the signed acknowledgment under this section.

     3. The acknowledgment shall be filed with the bureau. An acknowledgment effectuated under the law of any other state or territory shall be given the same effect in this state as it has in the other state or territory.

     210.832. 1. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, the court may order that an informal hearing be held before a master. The public shall be barred from the hearing. A record of the proceeding or any portion [thereof] of a proceeding shall be kept if any party requests or the court orders. Rules of evidence need not be observed.

     2. Upon the refusal of any witness, including a party, to testify under oath or produce evidence, the court may order [him] such witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is on the ground that [his] the witness' testimony or evidence might tend to incriminate [him] the witness, the court may order that such testimony or evidence is inadmissible in any criminal action against the witness. If the court enters such order, the refusal of a witness to obey an order to testify or produce evidence is civil contempt of court.

     3. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

     4. Upon motion of a party, the court may require a presumed father to post bond with the court in an amount sufficient to guarantee payment of support for the period between the date the action is commenced and the expected date of final disposition of the action. In determining the amount of bond, the court shall consider the factors set forth in subsection 5 of section 210.841.

     5. Upon motion of a party, the court shall enter a temporary support order requiring the provision of child support pending the final determination of parentage if there is clear and convincing evidence establishing a presumption of paternity under section 210.822 or an acknowledgment pursuant to section 210.823. In determining the amount of such child support, the court shall comply with subsection 5 of section 210.841. The order shall be retroactive to the later of the date of service of the motion or the date that any presumption pursuant to section 210.822 or an acknowledgment pursuant to section 210.823 first arose.

     210.834. 1. The court may, and upon request of any party shall[, except for good cause shown,] require the child, mother, alleged father, any presumed father who is a party to the action, and any male witness who testifies or [will] shall testify about his sexual relations with the mother at the possible time of conception, to submit to blood tests. The tests shall be performed by [a court-designated] an expert [qualified as an examiner of genetic markers present on blood cells and components, or other tissue or fluid] as defined in subsection 7 of this section.

     2. The court, upon reasonable request by a party, may order that independent tests be performed by other experts [qualified as examiners of genetic or other markers present on blood cells or other components, or other tissue or fluid. In all cases, the court shall determine the number and qualifications of the experts] as defined in this section.

     3. If any party refuses to submit to blood tests ordered by the court [under] pursuant to subsection 1 or 2 of this section, such refusal shall constitute civil contempt of court[,] and [such refusal] shall be admissible as evidence in the action. In addition, upon motion and reasonable notice to the party [so] refusing to submit to blood tests, the court shall, except for good cause shown, enter an order striking the party's pleadings and rendering a judgment by default on the issue of the existence of the parent-and-child relationship.

     4. Whenever the court finds that the results of the blood tests show that a person presumed or alleged to be the father of the child is not the father of such child, [this] such evidence shall be conclusive of nonpaternity and the court shall dismiss the action as to that party, and the cost of such blood tests shall be assessed against the party instituting the action unless the division of child support enforcement, through a prosecuting attorney or circuit attorney or other attorney under contract with such division, is a party to such action, in which case the cost of such blood tests shall be assessed against the state. The court shall order the state to pay reasonable attorney's fees for counsel and the costs of any blood tests where such blood tests show that the person presumed or alleged to be the father of the child is not the father of such child and the state proceeds further in an action [under] pursuant to sections 210.817 to 210.852 to attempt to establish that such person is the father of the child.

     5. Certified documentation of the chain of custody of the blood or tissue specimens is competent evidence to establish such chain of custody. An expert's [verified] report shall be admitted at trial as evidence of the [blood] test results stated therein without the need for foundation testimony or other proof of authenticity or accuracy, unless a written motion containing specific factual allegations challenging the testing procedures, the chain of custody of the blood or tissue specimens, or the results has been filed and served on each party [at least twenty days before the trial], and the motion is sustained by the court or an administrative agency not less than thirty days before the trial. [A report or chain of custody documentation may be verified by testimony of a custodian of the record or by use of the business record affidavit in section 490.692, RSMo.]

     6. The provisions of subsection 5 of this section shall also apply when the blood tests were not ordered by the court, if the court finds that the tests were conducted by an expert [qualified as an examiner of genetic or other markers present on blood cells or other components, or other tissue or fluid] as defined in subsection 7 of this section.

     7. As used in sections 210.817 to 210.852, the term "expert" shall include, but not be limited to, a person who performs or analyzes a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the secretary of the Department of Health and Human Services pursuant to 42 U.S.C. 666(a) and performed by a laboratory approved by such accreditation bodies.

     210.839. 1. An action filed [under] pursuant to sections 210.817 to 210.852 is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 2 and 3 of section 210.832 and sections 210.834 and 210.836 apply.

     2. Testimony relating to sexual access to the mother at a time other than the probable period of conception of the child is inadmissible in evidence.

     3. In an action against an alleged or presumed father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable period of conception of the child is admissible in evidence only if he has undergone and made available to the court [blood tests] the results of blood tests which do not exclude the possibility of his paternity of the child. A man who is identified and [is] subject to the jurisdiction of the court shall be made a defendant in the action not less than sixty days prior to trial by the party identifying him. Where such man is not subject to the jurisdiction of the court, the alleged or presumed father shall provide all other parties with the name and address of the man at least thirty days prior to trial. If a male witness is produced at trial for the purpose stated in this subsection, but the party calling the witness failed to implead such male witness as a party defendant or provide the notice required [herein] to all other parties, the court may adjourn the proceeding [for the purpose of taking] to take a blood test of the witness prior to receiving his testimony, if the court finds that the party calling the witness acted in good faith. If the court determines that the party calling the witness did not act in good faith as to the required notice, the court shall not grant a continuance, and such witness shall be incompetent to testify.

     4. [Any] No party shall have a right to trial by jury. Unless a presumption applies [under] pursuant to section 210.822, the burden of proof [as to] on all issues shall be preponderance of the evidence. [A request for a trial by jury shall be made within ninety days of the first responsive pleading. If a trial by jury is granted, such trial shall take place within two hundred seventy days of the order granting the request for a trial by jury. Failure to have a trial within such time period shall not result in the dismissal of the action. Where there is a trial by jury, the jury shall only make factual determinations on the issue of parentage.]

     5. If any party fails to file [his] an answer or otherwise appear in response to an action commenced [under] pursuant to sections 210.817 to 210.852 within the time prescribed by law or rules of practice of the court, the court shall enter judgment against [him] such party by default.

     6. Copies of any paid or unpaid bill for pregnancy, childbirth or genetic testing shall be admitted as evidence without requiring third-party foundation testimony if such copies have been provided to all parties not less than seven days prior to trial. Such copies shall constitute prima facie evidence of the amounts incurred for such services or testing.

     210.841. 1. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

     2. If the judgment or order of the court varies with the child's birth certificate, the court shall order that an amended birth registration be made under section 210.849.

     3. The judgment or order shall contain the social security number of each party and may contain any other provision directed against the appropriate party to the proceeding concerning:

     (1) The duty of support[,];

     (2) The custody and guardianship of the child[,];

     (3) Visitation privileges with the child[,];

     (4) The furnishing of bond or other security for the payment of the judgment[,]; or

     (5) Any matter in the best interest of the child.

The judgment or order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

     4. Support judgments or orders ordinarily shall be for periodic payments. In the best interests of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the father's liability for past support of the child to the proportion of the expenses already incurred that the court deems just.

     5. There shall be a rebuttable presumption that the amount of support that would result from the application of supreme court rule 88.01 is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of supreme court rule 88.01 would be unjust or inappropriate in a particular case, after considering all relevant factors including the factors in subsection 6 of this section, shall be sufficient to rebut the presumption in the case.

     6. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider all relevant facts, including:

     (1) The needs of the child;

     (2) The standard of living and circumstances of the parents;

     (3) The relative financial means of the parents;

     (4) The earning ability of the parents;

     (5) The need and capacity of the child for education, including higher education;

     (6) The age of the child;

     (7) The financial resources and earning capacity of the child;

     (8) The responsibility of the parents for the support of other children;

     (9) The value of the services contributed by the custodial parent; and

     (10) The standard of living and circumstances of the family prior to the dissolution of marriage of parents or during the period of cohabitation of the parents.

     7. Any award for periodic child support may be retroactive to the date of service of the original petition upon the obligor.

          [210.842. The court may order reasonable fees for counsel, experts, the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in such proportions and at such times as determined by the court, except that:

          (1) No fees or costs shall be assessed to an indigent party prior to final adjudication of paternity or as a condition precedent to blood tests; and

          (2) No such costs, other than the costs of blood tests and any other fees or charges assessed pursuant to subsection 4 of section 210.834, shall be assessed to the state of Missouri or a political subdivision thereof.]

     210.842. The court may [order] enter judgment in the amount of the reasonable fees for counsel, experts, the child's guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in such proportions and at such times as determined by the court, except that:

     (1) No fees or costs shall be assessed to an indigent party [prior to final adjudication of paternity or] as a condition precedent to blood tests; and

     (2) No such costs, other than the costs of blood tests and any other fees or charges assessed pursuant to subsection 4 of section 210.834, shall be assessed to the state of Missouri or a political subdivision thereof.

     285.300. 1. Every employer doing business in the state shall require each newly hired employee to fill out a federal W-4 withholding form [to determine the number of exemptions that an employee is entitled to pursuant to the provisions of section 143.191, RSMo]. A copy of each withholding form or an equivalent form containing data required by section 285.304 which may be provided in an electronic or magnetic format, shall be sent to the department of revenue by the employer within [thirty] twenty days [of completion of such form] after the date the employer hires the employee or in the case of an employer transmitting a report magnetically or electronically, by two monthly transmissions, if necessary, not less than twelve days nor more than sixteen days apart. For purposes of this section, the date the employer hires the employee shall be the earlier of the date the employee signs the W-4 form or its equivalent, or the first date the employee reports to work, or performs labor or services. Such forms shall be forwarded by the department of revenue to the division of child support enforcement on a weekly basis and the information shall be entered into the data base, to be known as the "State Directory of New Hires". The information reported shall be provided to the National Directory of New Hires established in 42 U.S.C. section 653, other state agencies or contractors of the division as required or allowed by federal statutes or regulations.

     2. Any employer that has employees who are employed in two or more states and transmits reports magnetically or electronically may comply with subsection 1 of this section by:

     (1) Designating one of the states in which the employer has employees as the designated state that such employer shall transmit the reports to; and

     (2) Notifying the secretary of Health and Human Services of such designation.

     285.302. [No employer shall be held liable if an employee fails to comply with the provisions of section 285.306.] Any employer who intentionally fails to submit the information on an employee required by section 285.300 or 285.304, shall be guilty of an infraction and shall be fined an amount not to exceed twenty-five dollars for each time the employer fails to submit the information. If the failure is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report, the fine shall be two hundred dollars for each failure to report or each false or incomplete report.

     285.304. [1.] The content of the withholding form shall be determined by the director of the department of revenue, in consultation with the department of social services, but, at a minimum, the form shall include the name, address and social security number of the employee, and the name and address of, and identifying number assigned to the employer under section 6109 of the Internal Revenue Code of 1986, as amended. If the employer chooses to submit a form other than the federal W-4 withholding form, the form shall also include the date the employee signed the W-4 form or the date the employer hired the employee as defined in section 285.300.

     [2. The form shall include language which requires each employee to answer in writing whether he has knowledge of a court order or an administrative order setting forth his legal obligation for support of a child.

     3. The form shall include a notice to the employee that any employee who states on the withholding form that he does not owe child support when such employee knowingly owes child support pursuant to a valid court order or administrative order is guilty of a class D felony.]

     288.250. Information obtained from any employing unit or individual pursuant to the administration of this law, shall be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties, including but not limited to, the division of child support enforcement, other child support agencies of the federal government or other states as provided for under chapter 454, RSMo, or federal statutes) in any manner revealing the individual's or employing unit's identity, but any claimant or employing unit or their authorized representative shall be supplied with information from the division's records to the extent necessary for the proper preparation and presentation of any claim for unemployment compensation benefits or protest of employer liability. In addition, upon receipt of a written request from an authorized representative of an employing unit, the division will supply information concerning the payment of benefits from the employer's account and the unemployment compensation fund, including amounts paid to specific claimants. Any information obtained by the division in the administration of this law shall be privileged and no individual or type of organization shall be held liable for slander or libel on account of any such information.

     379.116. Any insurer may at any time refuse to write a policy of automobile insurance or may cancel or refuse to renew such a policy if the operator's or chauffeur's license of the applicant or named insured has been suspended or revoked. If the operator's or chauffeur's license of any member of a policyholder's household has been suspended or revoked, an insurer may issue an exclusion providing, by name, that coverage will not be provided under the terms of the policy while such person is operating the insured vehicle during any period of suspension or revocation. No insurer may cancel or refuse to renew such a policy if the suspension of the operator's or chauffeur's license is due to a child support arrearage or failure to comply with a subpoena of the division of child support enforcement or an order of the director of the division of child support enforcement.

     451.040. 1. Previous to any marriage in this state, a license for that purpose shall be obtained from the officer authorized to issue the same, and no marriage [hereafter] contracted shall be recognized as valid unless the license has been previously obtained, and unless the marriage is solemnized by a person authorized by law to solemnize marriages.

     2. Before applicants for a marriage license shall receive a license, and before the recorder of deeds shall be authorized to issue a license, the parties to the marriage must present an application for the license, duly executed and signed in the presence of the recorder of deeds or their deputy. Each application for license shall contain the social security number of the applicants. Upon the expiration of three days after the receipt of the application the recorder of deeds shall issue the license, unless one of the parties withdraws the application. The license shall be void after thirty days from the date of issuance.

     3. Provided, however, that said license may be issued on order of a circuit or associate circuit judge of the county in which said license is applied for, without waiting three days as herein provided, such license being issued only for good cause shown and by reason of such unusual conditions as to make such marriage advisable.

     4. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

     5. Common-law marriages [hereafter contracted] shall be null and void.

     6. Provided, however, that no marriage shall be deemed or adjudged invalid, nor shall the validity thereof be in any way affected [on account of any] for want of authority in any person so solemnizing the [same under] marriage pursuant to section 451.100, if consummated with the full belief on the part of the persons, so married, or either of them, that they were lawfully joined in marriage.

     452.305. 1. The circuit court shall enter a decree of dissolution of marriage if:

     (1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days next preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition;

     (2) The court finds that there remains no reasonable likelihood that the marriage can be preserved and therefore the marriage is irretrievably broken; and

     (3) To the extent it has jurisdiction to do so, the court has considered, approved, or made provision for child custody, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property.

     2. If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form.

     3. Each decree entered shall contain the social security numbers of the parties.

     452.315. 1. In a proceeding for dissolution of marriage or legal separation, either party may move for temporary maintenance and for temporary support for children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. In a proceeding for disposition of property, maintenance, or support following the dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party may move for maintenance and for support of children of the marriage entitled to support. This motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested. This motion and the affidavit shall be served as though an original pleading upon the opposite party.

     2. As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue an order after notice and hearing:

     (1) Restraining any person from transferring, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the order is issued;

     (2) Enjoining a party from molesting or disturbing the peace of the other party or of any child;

     (3) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm would otherwise result.

     3. The court may issue a restraining order only if it finds on the evidence that irreparable injury would result to the moving party if an order is not issued until the time for answering has elapsed.

     4. An answer may be filed within ten days after service of notice of motion or at the time specified in the restraining order.

     5. On the basis of the showing made and in conformity with section 452.335 on maintenance and section 452.340 on support, the court may issue a temporary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances.

     6. A restraining order or temporary injunction

     (1) Does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceedings;

     (2) May be revoked or modified prior to final decree on a showing by affidavit of the facts necessary to revocation or modification of a final decree under section 452.370; and

     (3) Terminates when the final decree is entered or when the petition for dissolution or legal separation is voluntarily dismissed.

     7. The court shall enter a temporary order requiring the provision of child support pending the final judicial determination if there is clear and convincing evidence establishing a presumption of paternity under section 210.822, RSMo. In determining the amount of such child support, the court shall consider the factors set forth in section 452.340.

     452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for his support, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

     (1) The financial needs and resources of the child;

     (2) The financial resources and needs of the parents;

     (3) The standard of living the child would have enjoyed had the marriage not been dissolved;

     (4) The physical and emotional condition of the child, and his educational needs.

     2. The obligation of the noncustodial parent to make support payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the custodial parent has voluntarily relinquished physical custody of a child to the noncustodial parent, notwithstanding any periods of visitation or temporary custody pursuant to a decree of dissolution or legal separation or any modification thereof. In an IV-D case, the division of child support enforcement may determine the amount of the abatement under this subsection for any child support order. In such cases, upon notification by the division, the circuit clerk shall record the amount of abatement on the child support trusteeship record established pursuant to this chapter and chapter 454, RSMo.

     3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

     (1) Dies;

     (2) Marries;

     (3) Enters active duty in the military;

     (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; or

     (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply.

     4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

     5. If when a child reaches age eighteen, he is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school and so long as the child continues to attend such institution of vocational or higher education, the parental support obligation shall continue until the child completes his education, or until the child reaches the age of twenty-two, whichever first occurs. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or obligated parent may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, college, or university at which the child attends classes regularly.

     6. A court may abate, in whole or in part, any future obligation of support or may transfer the custody of one or more children if it finds:

     (1) That a custodial parent has, without good cause, failed to provide visitation or temporary custody to the noncustodial parent pursuant to the terms of a decree of dissolution, legal separation or modifications thereof; and

     (2) That the noncustodial parent is current in payment of all support obligations pursuant to the terms of a decree of dissolution, legal separation or modifications thereof. The court may also award reasonable attorney fees to the prevailing party.

     7. Not later than October 13, 1989, the Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. By July 1, 1996, the guidelines shall address how the amount of child support should be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every four years to ensure that its application results in the determination of appropriate child support award amounts.

     8. Beginning October 13, 1989, there shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection 7 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, shall be sufficient to rebut the presumption in the case.

     9. Under this or any other chapter, when a court determines the amount owed by a parent for support provided to his child by another person prior to the date of filing of a petition requesting support, or when the director of the division of child support enforcement establishes the amount of state debt due under subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established under subsection 7 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection 7 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount.

     10. If the court issues a child support order that does not address how support is to be paid during any period of visitation, such child support shall abate during such period of visitation.

     11. In cases where the noncustodial parent is granted periods of visitation and the court addresses such visitation in its child support order, the court shall multiply the total monthly child support obligation by the number of days the custodial parent has custody of the child in a one year period and divide such number by three hundred sixty-five in calculating the noncustodial parent's monthly child support obligation, unless the parties agree to a different method of abating child support obligations during periods of visitation.

          [452.345. 1. As used in sections 452.345 to 452.350, the term "IV-D case" shall mean a case in which support rights have been assigned to the state of Missouri pursuant to section 208.040, RSMo, or where the Missouri division of child support enforcement is providing support enforcement services pursuant to section 454.425, RSMo.

          2. At any time the court, upon its own motion, may, or upon the motion of either party shall, order that maintenance or support payments be made to the circuit clerk as trustee for remittance to the person entitled to receive the payments. The circuit clerk shall remit such support payments to the person entitled to receive the payments within three working days of receipt by the circuit clerk. Circuit clerks shall deposit all receipts no later than the next working day after receipt. Payment by a nonguaranteed negotiable financial instrument occurs when the instrument has cleared the depository institution and has been credited to the trust account.

          3. The circuit clerk shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order. The circuit clerk shall charge ten dollars per year as costs for maintaining records, which fee shall be deducted from the first payment made each calendar year, that no fee shall be charged for maintaining records for any IV-D case. This fee shall be paid to county or city general revenue.

          4. The parties affected by the order shall inform the circuit clerk of any change of address or of other conditions that may affect the administration of the order.

          5. For any case except a IV-D case, if a party becomes delinquent in maintenance or support payments in an amount equal to one month's total support obligation, provisions of this subsection shall apply. If the circuit clerk has been appointed trustee under subsection 2 of this section, or if the person entitled to receive the payments files with the clerk an affidavit stating the particulars of the obligor's noncompliance, the circuit clerk shall send by regular mail notice of the delinquency to the obligor. This notice shall advise the obligor of the delinquency, shall state the amount of the obligation, and shall advise that the obligor's income is subject to withholding for repayment of the delinquency and for payment of current support, as provided in section 452.350. For such cases, the circuit clerk shall, in addition to the notice to the obligor, send by regular mail a notice to the obligee. This notice shall state the amount of the delinquency and shall advise the obligee that income withholding, pursuant to section 452.350, is available for collection of support delinquencies and current support, and if the support order includes amounts for child support, that support enforcement services, pursuant to section 454.425, RSMo, are available through the Missouri division of child support enforcement of the department of social services.]

     452.345. 1. As used in sections 452.345 to 452.350, the term "IV-D case" shall mean a case in which support rights have been assigned to the state of Missouri [pursuant to section 208.040, RSMo,] or where the [Missouri] division of child support enforcement is providing support enforcement services pursuant to section [454.425] 454.400, RSMo.

     2. At any time the court, upon its own motion, may, or upon the motion of either party shall, order that maintenance or support payments be made to the circuit clerk as trustee for remittance to the person entitled to receive the payments. The circuit clerk shall remit such support payments to the person entitled to receive the payments within three working days of receipt by the circuit clerk. Circuit clerks shall deposit all receipts no later than the next working day after receipt. Payment by a nonguaranteed negotiable financial instrument occurs when the instrument has cleared the depository institution and has been credited to the trust account.

     3. The circuit clerk shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order. The circuit clerk shall charge ten dollars per year as costs for maintaining records, which fee shall be deducted from the first payment made each calendar year, that no fee shall be charged for maintaining records for any IV-D case. This fee shall be paid to county or city general revenue.

     4. The parties affected by the order shall inform the circuit clerk of any change of address or of other conditions that may affect the administration of the order.

     5. For any case except a IV-D case, if a party becomes delinquent in maintenance or support payments in an amount equal to one month's total support obligation, provisions of this subsection shall apply. If the circuit clerk has been appointed trustee under subsection 2 of this section, or if the person entitled to receive the payments files with the clerk an affidavit stating the particulars of the obligor's noncompliance, the circuit clerk shall send by regular mail notice of the delinquency to the obligor. This notice shall advise the obligor of the delinquency, shall state the amount of the obligation, and shall advise that the obligor's income is subject to withholding for repayment of the delinquency and for payment of current support, as provided in section 452.350. For such cases, the circuit clerk shall, in addition to the notice to the obligor, send by regular mail a notice to the obligee. This notice shall state the amount of the delinquency and shall advise the obligee that income withholding, pursuant to section 452.350, is available for collection of support delinquencies and current support, and if the support order includes amounts for child support, that support enforcement services, pursuant to section 454.425, RSMo, are available through the Missouri division of child support enforcement of the department of social services.

     452.347. In any proceeding before the court where child support may be established or modified, and the circuit clerk has notice that an applicant or recipient of child support services under chapter 454, RSMo, may be affected by such an order or an applicant or recipient of child support enforcement services under chapter 454, RSMo, is a party to such proceeding, the clerk shall provide, unless otherwise provided by a party, the applicant or recipient of child support services under chapter 454, RSMo, and other individuals who are parties to the proceeding with:

     (1) Notice of all proceedings in which support obligations may be established or modified. For purposes of this section, notice to an attorney representing a party shall be deemed notice on the party; and

     (2) A copy of any order establishing or modifying a child support obligation, or in the case of modification, notice of a determination that there should be no change in the amount of the child support obligation.

The copy or notice shall be mailed within fourteen days of issuance of such order or determination.

     452.350. 1. Until January 1, 1994, except for orders entered or modified in IV-D cases, each order for child support or maintenance entered or modified by the court under the authority of this chapter, or otherwise, shall include a provision notifying the person obligated to pay such support or maintenance that, upon application by the obligee or the Missouri division of child support enforcement of the department of social services, the obligor's wages or other income shall be subject to withholding without further notice if the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation. The order shall also contain provisions notifying the obligor that:

     (1) The withholding shall be for the current month's maintenance and support; and

     (2) The withholding shall include an additional amount equal to fifty percent of one month's child support and maintenance to defray delinquent child support and maintenance, which additional withholding shall continue until the delinquency is paid in full.

     2. For all orders entered or modified in IV-D cases, and effective January 1, 1994, for every order for child support or maintenance entered or modified by the court under the authority of this chapter, or otherwise, income withholding under this section shall be initiated on the effective date of the order, except that such withholding shall not commence with the effective date of the order in any case where:

     (1) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. For purposes of this subdivision, any finding that there is good cause not to require immediate withholding must be based on, at least, a written determination and an explanation by the court that implementing immediate wage withholding would not be in the best interests of the child and proof of timely payments of previously ordered support in cases involving the modification of support orders; or

     (2) A written agreement is reached between the parties that provides for an alternative arrangement.

If the income of an obligor is not withheld as of the effective date of the support order, under subdivision (1) or (2) of this subsection, or otherwise, such obligor's income shall become subject to withholding under this section without further exception on the date on which the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation. Such withholding shall be initiated in the manner provided in subsection 4 of this section. All IV-D orders entered or modified by the court shall contain a provision notifying the obligor that he shall notify the division of child support enforcement regarding the availability of medical insurance coverage through an employer or a group plan, provide the name of the insurance provider when coverage is available, and inform the division of any change in access to such insurance coverage.

     3. The provisions of section 432.030, RSMo, to the contrary notwithstanding, if income withholding has not been initiated on the effective date of the initial or modified order, the obligated party may execute a voluntary income assignment at any time, which assignment shall be filed with the court and shall take effect after service on the employer or other payor.

     4. The circuit clerk, upon application of the obligee or the division of child support enforcement, shall send, by certified mail, return receipt requested, a written notice to the employer or other payor listed on the application when the obligated party is subject to withholding under the child support order or subsection 2 of this section. For orders entered or modified in cases known by the circuit clerk to be IV-D cases in which income withholding is to be initiated on the effective date of the order, and effective January 1, 1994, for all orders entered or modified by the court in which income withholding is to be initiated on the effective date of the order, the circuit clerk shall send such notice to the employer or other payor in the manner provided by this section at the time the order is entered without application of any party when an employer or other payor is identified to the circuit clerk by inclusion in the pleadings pursuant to section 452.312, or otherwise. The notice of income withholding shall be prepared by the person entitled to support under the order, or the legal representative of that person, on a form prescribed by the court, and shall be presented to the clerk of the court at the time the order of support is entered. The notice shall direct the employer or other payor to withhold each month an amount equal to one month's child support and maintenance until further notice from the court. In the event of a delinquency in child support or maintenance payments in an amount equal to one month's total support obligation, the notice further shall direct the employer or other payor to withhold each month an additional amount equal to fifty percent of one month's child support and maintenance until the support delinquency is paid in full. The notice shall also include a statement of exemptions which may apply to limit the portion of the obligated party's disposable earnings which are subject to the withholding under federal or state law and notify the obligor that the obligor may request a hearing and related information as provided in this section. The notice shall contain the social security number of the obligor if available. The circuit clerk shall send a copy of this notice by regular mail to the last known address of the obligated party. A notice issued under this section shall be binding on the employer or other payor, and successor employers and payors, two weeks after mailing, and shall continue until further order of the court. If the notice does not contain the social security number of the obligor, the employer or other payor shall not be liable for withholding from the incorrect obligor. The obligated party may, within that two-week period, request a hearing on the issue of whether the withholding should take effect. The withholding shall not be held in abeyance pending the outcome of the hearing. The obligor may not obtain relief from the withholding by paying overdue support, if any. The only basis for contesting the withholding is a mistake of fact. For the purpose of this section, "mistake of fact" shall mean an error in the amount of arrearages, if applicable, or an error as to the identity of the obligor. The court shall hold its hearing, enter its order disposing of all issues disputed by the obligated party, and notify the obligated party and the employer or other payor, within forty-five days of the date on which the withholding notice was sent to the employer.

     5. For each payment the employer may charge a fee not to exceed six dollars, which shall be deducted from each obligor's moneys, income or periodic earnings, in addition to the amount deducted to meet the support or maintenance obligation subject to the limitations contained in the federal Consumer Credit Protection Act (15 U.S.C. 1673).

     6. Upon termination of the obligor's employment with an employer upon whom a withholding notice has been served, the employer shall so notify the court in writing. The employer shall also inform the court, in writing, as to the last known address of the obligor and the name and address of the obligor's new employer, if known.

     7. Amounts withheld by the employer or other payor shall be transmitted, in accordance with the notice, within [ten] seven business days of the date that such amounts were payable to the obligated party. For purposes of this section, "business day" means a day that state offices are open for regular business. The employer or other payor shall, along with the amounts transmitted, provide the date each amount was withheld from each obligor. If the employer or other payor is withholding amounts for more than one order, the employer or other payor may combine all such withholdings that are payable to the same circuit clerk and transmit them as one payment, together with a separate list identifying the cases to which they apply. The cases shall be identified by court case number, name of obligor, the obligor's social security number, the IV-D case number, if any, the amount withheld for each obligor, and the withholding date or dates for each obligor, to the extent that such information is known to the employer or other payor. An employer or other payor who fails to honor a withholding notice under this section may be held in contempt of court and is liable to the obligee for the amount that should have been withheld. Compliance by an employer or other payor with the withholding notice operates as a discharge of liability to the obligor as to that portion of his periodic earnings or other income so affected.

     8. As used in this section, the term "employer" includes the state and its political subdivisions.

     9. An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a result of a withholding notice issued pursuant to this section. Any obligor who is aggrieved as a result of a violation of this subsection may bring a civil contempt proceeding against the employer by filing an appropriate motion in the cause of action from which the withholding notice issued. If the court finds that the employer discharged, disciplined, or refused to hire the obligor as a result of the withholding notice, the court may order the employer to reinstate or hire the obligor, or rescind any wrongful disciplinary action. If, after the entry of such an order, the employer refuses without good cause to comply with the court's order, or if the employer fails to comply with the withholding notice, the court may, after notice to the employer and a hearing, impose a fine against the employer, not to exceed five hundred dollars. Proceeds of any such fine shall be distributed by the court to the county general revenue fund.

     10. A withholding entered under this section may, upon motion of a party and for good cause shown, be amended by the court. The clerk shall notify the employer of the amendment in the manner provided for in subsection 4 of this section.

     11. The court, upon the motion of obligor and for good cause shown, may terminate the withholding, except that the withholding shall not be terminated for the sole reason that the obligor has fully paid past due child support and maintenance.

     12. A withholding effected under this section shall have priority over any other legal process under state law against the same wages, except that where the other legal process is an order issued pursuant to this section or section 454.505, RSMo, the processes shall run concurrently, up to applicable wage withholding limitations. If concurrently running wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations, the employer shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, delinquencies shall be satisfied using the same pro rata distribution procedure used for distributing current support, up to the applicable limitation.

     13. The remedy provided by this section applies to child support and maintenance orders entered prior to August 13, 1986, notwithstanding the absence of the notice to the obligor provided for in subsection 1 of this section, provided that prior notice from the circuit clerk to the obligor in the manner prescribed in subsection 5 of section 452.345 is given.

     14. Notwithstanding any provisions of this section to the contrary, in a case in which support rights have been assigned to the state of Missouri pursuant to section 208.040, RSMo, or in which the division of child support enforcement is providing support enforcement services pursuant to section 454.425, RSMo, the director of the division of child support enforcement may amend or terminate a withholding order issued under this section, as provided in this subsection without further action of the court. The director may amend or terminate a withholding order and issue an administrative withholding order pursuant to section 454.505, RSMo, when the director determines that children for whom the support order applies are no longer entitled to support under 452.340, when the support obligation otherwise ends and all arrearages are paid, when the support obligation is modified pursuant to section 454.500, RSMo, or when the director enters an order that is approved by the court pursuant to section 454.496, RSMo. The director shall notify the employer and the circuit clerk of such amendment or termination. The director's administrative withholding order or withholding termination order shall preempt and supersede any previous judicial withholding order issued under this or any other section.

     15. For the purposes of this section, "income" means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation benefits, disability benefits, payments pursuant to a pension or a retirement program, and interest.

     16. If the federal secretary of the Department of Health and Human Services promulgates a final standard format for an employer income withholding notice, the court shall use or require the use of such notice.

     452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support or maintenance award, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. If the application of the guidelines and criteria set forth in supreme court rule 88.01 to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable.

     2. When the party seeking modification has met the burden of proof set forth in subsection 1 of this section, then the child support shall be determined in conformity with criteria set forth in supreme court rule 88.01.

     3. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

     4. Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child. The custodial parent shall have the duty to notify the noncustodial parent of the child's emancipation and failing to do so the custodial parent shall be liable to the noncustodial parent for child support paid to the custodial parent following emancipation of a minor child.

     5. [In any case wherein] If a parent has made an assignment of support rights to the division of family services on behalf of the state as a condition of eligibility for benefits under the aid to families with dependent children program and either party initiates a motion to modify the support obligation by reducing it, the state of Missouri shall be named as a party to the motion. The state shall be served with a copy of the motion by sending it by certified mail to the director of the division of child support enforcement.

     6. The circuit court shall have continuing personal jurisdiction over both the obligee and the obligor of a court order for child support or maintenance for the purpose of modifying such order. Both obligee and obligor shall notify, in writing, the circuit clerk of the court in which the support or maintenance order was entered of any change of mailing address. If a personal service of the motion cannot be had in this state, the motion to modify and notice of hearing shall be served outside the state as provided by supreme court rule 54.14. The order may be modified only as to support or maintenance installments which accrued subsequent to the date of personal service. For the purpose of 42 U.S.C. 666(a)(9)(C), the circuit clerk shall be considered the "appropriate agent" to receive notice of the motion to modify for the obligee or the obligor, but only in those instances in which personal service could not be had in this state.

     7. If a responsive pleading raising the issues of custody or visitation is filed in response to a motion to modify child support filed at the request of the division of child support enforcement by a prosecuting attorney or circuit attorney or an attorney under contract with the division, such responsive pleading shall be severed upon request.

     8. Notwithstanding any provision of this section which requires a showing of a substantial and continuing change in circumstances, in a IV-D case filed under this section by the division of child support enforcement pursuant to section 454.400, RSMo, the court shall modify a support order in accordance with such guidelines and criteria set forth in supreme court rule 88.01 if the amount in the current order differs from the amount that would be awarded in accordance with the guidelines.

     454.356. The division shall respond within five business days to a request made by another state child support agency to enforce a support order. If the division provides assistance to another state in such a case, neither this state nor the requesting state shall consider the case to be transferred to its caseload; however, the division shall maintain records of the number of such interstate requests for assistance received, the number of cases for which support was collected and the amounts of such collections. The division is authorized to transmit to another state, by electronic or other means, a request for assistance in a case involving the enforcement of a support order. Such request shall:

     (1) Include information to enable the receiving state to compare the information about the case to the information in state data bases; and

     (2) Constitute a certification by the division of the arrearage amount under the order and that the division has complied with all applicable procedural due process requirements as provided for in this chapter.

     454.357. When prescribed by the federal government, the division shall use the forms promulgated pursuant to 42 U.S.C. section 652(a)(11) for income withholding, imposition of liens and issuance of administrative subpoenas in interstate child support cases. Such forms, when received from the child support agency of another state, shall be enforceable as if issued by the division and shall be recognized as valid by any court, state agency, or officer or employee of the state or political subdivision of the state.

     454.400. 1. There is established within the department of social services the "Division of Child Support Enforcement" to administer the state plan for child support enforcement. The duty [under] pursuant to the state plan to litigate or prosecute support actions shall be performed by the appropriate prosecuting attorney, or other attorney [under] pursuant to a cooperative agreement with the department. The department shall fully utilize existing IV-A staff of the division of family services to perform child support enforcement duties [where so] approved by the United States Department of Health and Human Services and [where] consistent with federal requirements as specified in P.L. 93-647 and 45 CFR, section 303.20.

     2. In addition to the powers, duties and functions vested in the division of child support enforcement by other provisions of this chapter or by other laws of this state, the division of child support enforcement shall have the power:

     (1) To sue and be sued;

     (2) To make contracts and carry out the duties imposed upon it by this or any other law;

     (3) To administer, disburse, dispose of and account for funds, commodities, equipment, supplies or services, and any kind of property given, granted, loaned, advanced to or appropriated by the state of Missouri for any of the purposes herein;

     (4) To administer oaths, issue subpoenas for witnesses, examine such witnesses under oath, and make and keep a record of the same;

     (5) To adopt, amend and repeal rules and regulations necessary or desirable to carry out the provisions of this chapter and which are not inconsistent with the constitution or laws of this state;

     (6) To cooperate with the United States government in matters of mutual concern pertaining to any duties wherein the division of child support enforcement is acting as a state agency, including the adoption of such methods of administration as are found by the United States government to be necessary for the efficient operation of the state plan hereunder;

     (7) To make such reports in such form and containing such information as the United States government may, from time to time, require, and comply with such provisions as the United States government may, from time to time, find necessary to assure the correctness and verification of such reports;

     (8) To appoint, when and if it may deem necessary, advisory committees to provide professional or technical consultation in respect to child support enforcement problems and program administration. The members of such advisory committees shall receive no compensation for their services other than expenses actually incurred in the performance of their official duties. The number of members of each such advisory committee shall be determined by the division of child support enforcement, and such advisory committees shall consult with the division of child support enforcement in respect to problems and policies incident to the administration of the particular function germane to their respective field of competence;

     (9) To initiate or cooperate with other agencies in developing measures for the enforcement of support obligations;

     (10) To collect statistics, make special factfinding studies and publish reports in reference to child support enforcement;

     (11) To establish or cooperate in research or demonstration projects relative to child support enforcement and the welfare program which will help improve the administration and effectiveness of programs carried on or assisted [under] pursuant to the federal Social Security Act and the programs related thereto;

     (12) To accept gifts and grants of any property, real or personal, and to sell such property and expend such gifts or grants not inconsistent with the administration of the state plan for child support enforcement and within the limitations of the donor thereof;

     (13) To review [at any time, or] every three years or such shorter cycle as the division may establish, upon the request of the obligee, the obligor or [any other state child support enforcement agency] if there is an assignment under Part A of the federal Social Security Act, upon the request of the division, obligee or obligor taking into account the best interest of the child, the adequacy of child support orders in IV-D cases to determine whether modification is appropriate [in accordance with] pursuant to the guidelines established by supreme court rule 88.01, to establish rules [under] pursuant to chapter 536, RSMo, to define the procedure and frequency of such reviews, and to initiate proceedings for modification where such reviews determine that a modification is appropriate. This subdivision shall not be construed to require the division or its designees to represent the interests of an absent parent against the interests of a custodial parent or the state[.];

     (14) To provide services relating to the establishment of paternity and the establishment, modification and enforcement of child support obligations. The division shall provide such services:

     (a) Unless, as provided in this chapter, good cause or other exception exists, to each child for whom:

     a. Assistance is provided under the state program funded under Part IV-A of the Social Security Act;

     b. Benefits or services for foster care maintenance are provided under the state program funded under Part IV-E of the Social Security Act; or

     c. Medical assistance is provided under the state plan approved under Title XIX of the Social Security Act; and

     (b) To any other child, if an individual applies for such services with respect to such child;

     (15) To enforce support obligations established with respect to:

     (a) A child for whom the state provides services under the state plan for child support; or

     (b) The custodial parent of a child;

     (16) To enforce support orders against the parents of the noncustodial parent, jointly and severally, in cases where such parents have a minor child who is the parent and the custodial parent is receiving assistance under the state program funded under Part A of Title IV of the Social Security Act; and

     (17) To prevent a child support debtor from fraudulently transferring property to avoid payment of child support. If the division has knowledge of such transfer, the division shall:

     (a) Seek to void such transfer; or

     (b) Obtain a settlement in the best interest of the child support creditor.

     3. No rule or portion of a rule promulgated [under] pursuant to the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     454.401. 1. In all actions relating to the establishment of paternity, or to the establishment, modification or enforcement of a support order instituted pursuant to this chapter or upon request of a IV-D agency of another state, the director of the division shall have the power to administer oaths, issue subpoenas, compel witnesses and to require the production of books, accounts, documents and evidence.

     2. If a person refuses to comply with a subpoena issued pursuant to subsection 1 of this section, the director may request the circuit court to issue an order requiring the person to appear before the director, or the director's designee, to produce subpoenaed documentary evidence or give testimony. The court may issue an order which justice requires to protect such person from undue annoyance, embarrassment, expense or oppression. If such person fails to comply with such an order, the court may find such person to be in contempt of court.

     454.403. Notwithstanding any provision of law to the contrary, an applicant for a professional, occupational or recreational license not coming under the purview of the division of professional registration shall be required by the appropriate licensing authority to provide such applicant's social security number on any application for a license, permit or certification or any renewal thereof. The division of child support enforcement is authorized to coordinate with and assist such licensing authorities to develop procedures to implement this requirement.

     454.408. The division of child support enforcement:

     (1) Shall determine whether a person who has applied for or is receiving assistance from a program funded pursuant to Part A of Title IV or Title XIX of the Social Security Act is cooperating in good faith with the division in establishing the paternity of, or in establishing, modifying or enforcing a support order for any child of such person by providing the division with the name of the noncustodial parent or any other information the division may require. The division may, by regulation, excuse compliance with the provisions of this subsection on a case by case basis for good cause or other exceptions as the division may deem to be in the best interest of the child;

     (2) Shall require as a condition of cooperation that such person supply additional information deemed necessary by the division and appear at any interviews, hearings or legal proceedings;

     (3) Shall require as a condition of cooperation that such person and such person's child submit to genetic testing pursuant to a judicial or administrative order;

     (4) May request that such person sign a voluntary acknowledgment of paternity, after notice of the rights and consequences of such an acknowledgment, but may not require such person to sign an acknowledgement or otherwise relinquish the right to a genetic test as a condition of cooperation and eligibility for assistance from a state program funded pursuant to Part A of Title IV or Title XIX of the Social Security Act; and

     (5) Shall promptly notify such person, the division of family services or the division of medical services of every determination made pursuant to this section, including a determination that such person is not cooperative and the basis for such determination.

     454.410. Support rights assigned to the [division of family services in behalf of the] state shall constitute an obligation owed to the state by the person responsible for providing such support and the obligation shall be collectible under all legal processes.

     454.412. 1. The division shall establish a "State Case Registry" which shall contain records of:

     (1) Each case in which services are provided by the division pursuant to this chapter; and

     (2) Each support order established or modified in the state on or after October 1, 1998.

     2. The records in the state case registry shall use standardized data elements for both parents, including, but not limited to, the names, social security numbers, other uniform identification numbers, dates of birth, case identification numbers and any other information as required by federal statutes and regulations.

     3. The clerk of the circuit court shall be responsible for providing the division with data elements for each support order established or modified by the circuit court on or after October 1, 1998. The data shall be provided in a format established by the division and may be furnished electronically.

     4. Information in the state case registry shall be furnished to the Federal Case Registry of Child Support Orders established as provided for by 42 U.S.C. section 654A, and other federal and state agencies pursuant to federal statutes and regulations.

     454.413. 1. Each party to any paternity or child support proceeding establishing, modifying or enforcing a support order pursuant to chapter 210, 211, 452 or 454, RSMo, shall file with the court or division where such proceeding is pending, and with the court or division for the state case registry upon entry of an order, information on the location and identity of such party, including the party's social security number, residential address, mailing address, telephone number, driver's license number and the name, address and telephone number of the party's employer. If any such information changes, that party shall provide the new information to the court or division within thirty days of such change.

     2. In any subsequent child support enforcement action between the parties, the court or the division may deem that the due process requirements for notice and service of process are met with respect to such party upon a sufficient showing that diligent effort has been made to ascertain the location of such party, and written notice has been delivered to the most recent residential or employer address of such party filed with the court or division.

     454.415. 1. For the purposes of this section, the term "IV-A agency" shall mean:

     (1) An agency that has been designated by a state to administer programs under Title IV-A of the Social Security Act[, and the term "IV-D agency" shall mean];

     (2) An agency that has been designated by a state to administer programs under Title IV-D of the Social Security Act; or

     (3) Any other entity entitled to receive and disburse child support payments in that state.

     2. When a court has ordered support payments to a person who has made an assignment of support rights to the division of family services or the IV-A agency of another state on behalf of this or such other state, the division of child support enforcement shall so notify the court. Upon such notice, the court shall order all support payments to be made to the clerk of the court as trustee for the division of family services or the other state's IV-A agency, whichever is appropriate, as assignee of the support rights. The clerk shall forward all support payments to the department of social services, which payments have been identified by the department for deposit in the appropriate fund within the state treasury when assignments have been made to the division of family services. The clerk shall forward support payments to the other state's IV-D agency when assignments have been made to that state's IV-A agency. Notification to the court by the division of child support enforcement of the assignment of support rights shall, in and of itself, authorize the court to make the clerk trustee, notwithstanding any provision of any existing court order, statute, or other law to the contrary, and the court need not hold a hearing on the matter. The amount of the obligation owed to this state or the other state's IV-A agency shall be the amount specified in a court order which covers the assigned rights. The clerk shall keep an accurate record of such orders and such payments and shall note such assignment in the case file in such a manner as to make the fact of the assignment easily discernible.

     3. Upon termination of the assignment, the clerk of the court shall continue as trustee for the division of family services or the other state's IV-A agency [to the extent of] for any accrued unpaid support at the time of the termination and as trustee for the obligee for any support becoming due after the termination. [In cases in which] If there has been an assignment to the division of family services[,] and there is no current assignment to another state's IV-A agency, the clerk of the court shall forward to the obligee all payments for support accruing subsequent to the termination and shall forward to the department of social services all payments for support which had accrued and were unpaid at the time of the termination. [In cases in which] If there has been an assignment to another state's IV-A agency[,] and there is no current assignment to the division of family services, the clerk of the court shall continue to forward to that state's IV-D agency all payments for support accruing subsequent to the termination of the assignment as well as all payments for support which had accrued and were unpaid at the time of the termination. [When] If there has been an assignment to the division of family services, the clerk of the court shall apply payments first to support which has accrued subsequent to the termination, to the extent thereof, and then to support which accrued prior to termination, except such payments [as were] collected by the division of child support enforcement through debt setoff or legal process[, which payments] shall be forwarded to the department of social services, unless the department of social services directs otherwise. After termination of the assignment, the trusteeship may be dissolved upon motion of a party after notice and hearing on behalf of all parties to the proceeding[,] or pursuant to subsections 3 to 7 of section 454.430. Prior to termination of the assignment, no motion may be filed, nor maintained, for the purpose of terminating or abating any trusteeship in favor of the division of family services or another state's IV-A agency.

     4. For purposes of this section, "assignment" includes an assignment to the state by a person who has applied for or is receiving assistance under programs funded under Part A of Title IV or Title XIX of the Social Security Act.

     454.425. The division of child support enforcement shall render child support [enforcement] services authorized under this chapter to persons who are not recipients of public assistance as well as to such recipients. Services may be provided to children, custodial parents, noncustodial parents and other persons entitled to receive support. An application may be required by the division for services, and fees may be charged by the division pursuant to 42 [USC 654] U.S.C. section 654 and federal regulations. Services provided under the state plan shall be made available to residents of other states on the same terms as to residents of this state. If a family receiving services ceases to receive assistance under the state program funded under Part A of Title IV of the Social Security Act, the division shall provide appropriate notice to such family and services will continue to be provided under the same terms and conditions as that provided to other individuals under the state plan, except that an application for continued services shall not be required and the requirement for payment of fees shall not apply to such family.

     454.440. 1. As used in this section, unless the context clearly indicates otherwise, the following terms mean:

     (1) "Business" includes any corporation, partnership, association, individual, and labor or other organization [maintaining an office, doing business, or having a registered agent in Missouri] including but not limited to, a public utility or cable company;

     (2) "Division" [means], the Missouri division of child support enforcement of the department of social services or the IV-D agency of another state or the federal government;

     (3) "Financial entity" includes any bank, trust company, savings and loan association, credit union, insurance company, or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business [in the state of Missouri];

     (4) "Government agency", any department, board, bureau, or other agency or political subdivision of this state;

     [(4)] (5) "Information" includes, but is not necessarily limited to, the following items:

     (a) Full name of the parent;

     (b) Social security number of the parent;

     (c) Date of birth of the parent;

     (d) Last known mailing and residential address of the parent;

     (e) Amount of wages, salaries, earnings, or commissions earned by or paid to the parent;

     (f) Number of dependents declared by the parent on state and federal tax information and reporting forms;

     (g) Name of company, policy numbers, and dependent coverage for any medical insurance carried by or on behalf of the parent;

     (h) Name of company, policy numbers, and cash values, if any, for any life insurance policies or annuity contracts, carried by or on behalf of, or owned by, the parent;

     (i) Any retirement benefits, pension plans, or stock purchase plans maintained on behalf of, or owned by, the parent and the values thereof, employee contributions thereto, and the extent to which each benefit or plan is vested;

     (j) Vital statistics, including records of marriage, birth or divorce;

     (k) Tax and revenue records, including information on residence address, employer, income or assets;

     (l) Records concerning real or personal property;

     (m) Records of occupational, professional or recreational licenses or permits;

     (n) Records concerning the ownership and control of corporations, partnerships and other businesses;

     (o) Employment security records;

     (p) Records concerning motor vehicles;

     (q) Records of assets or liabilities;

     (r) Department of corrections' records;

     (s) Names and addresses of employers of parents;

     (t) Motor vehicle records; and

     (u) Law enforcement records;

     [(5)] (6) "Parent" [means], a [natural] biological or adoptive parent, including a presumed or putative father[;

     (6) "State agency" means any department, board, bureau, or other agency of this state].

     2. For the purpose of locating and determining financial resources of the parents relating to establishment of paternity or to establish, modify or enforce support orders, the division may request and receive information from the federal Parent Locator Service, from available records in other states, territories and the District of Columbia, from the records of all [state] government agencies, and from businesses and financial entities. A request for information from a public utility or cable television company shall be made by subpoena authorized under this chapter. The [state] government agencies, businesses, and financial entities shall provide information, if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential. In addition, the division or other state IV-D agency may, pursuant to agreement with the secretary of the United States Department of Health and Human Services, or [his] the secretary's designee, request and receive from the federal Parent Locator Service information authorized under 42 U.S.C. Section 653, [for the purpose of determining] to determine the whereabouts of any parent or child when such information is to be used to locate the parent or child [for the purpose of enforcing] to enforce any state or federal law with respect to the unlawful taking or restraining of a child, or [of making or enforcing] to enforce a child custody [determination] or visitation order.

     3. Notwithstanding the provisions of subsection 2 of this section, no financial entity shall be required to provide the information requested by the division or other state IV-D agency unless the division or agency alleges that the parent about whom the information is sought is an officer, agent, member, employee, depositor, customer or the insured of the financial institution, or unless the division or other state IV-D agency has complied with the provisions of section 660.330, RSMo.

     4. Any business or financial entity which has received a request from the division or other state IV-D agency as provided by subsections 2 and 3 of this section shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity, within sixty days of receipt of the request and shall be liable to the state for civil penalties up to one hundred dollars for each day after such sixty-day period in which it fails to provide the information so requested. Upon request of the division or other state IV-D agency, the attorney general shall bring an action in a circuit court of competent jurisdiction to recover the civil penalty. The court shall have the authority to determine the amount of the civil penalty to be assessed.

     5. Any business or financial entity, or any officer, agent, or employee of such entity, participating in good faith in providing information requested under subsections 2 and 3 of this section shall be immune from liability, civil or criminal, that might otherwise result from the release of such information to the division.

     6. Upon request of the division or other state IV-D agency, any parent shall complete a statement under oath, upon such form as the division or agency may specify, providing information, including, but not necessarily limited to, [his or her] such parent's monthly income, [his or her] total income for the previous year, the number and name of [his or her] dependents and the amount of support [he or she provides] provided to each, the nature and extent of [his and her] such parent's assets, and such other information[,] pertinent to the support of the dependent[,] as the division or other state IV-D agency may request. Upon request of the division, such statements shall be completed annually. Failure to comply with this subsection [shall be] is a class A misdemeanor.

     7. The disclosure of any information provided to the business or financial entity by the division or other state IV-D agency, or the disclosure of any information regarding the identity of any applicant for or recipient of public assistance, by an officer or employee of any business or financial entity, or by any person receiving such information from such employee or officer is prohibited. Any person violating this subsection [shall be] is guilty of a class A misdemeanor.

     8. Any person who willfully requests, obtains, or seeks to obtain information under this section under false pretenses, or who willfully communicates or seeks to communicate such information to any agency or person except in accordance with this chapter, [shall be] is guilty of a class A misdemeanor.

     9. For the protection of applicants and recipients of services under sections 454.400 to 454.645, all officers and employees of, and persons and entities under contract to, the state of Missouri are prohibited, except as otherwise provided in this subsection, from disclosing any information obtained by them in the discharge of their official duties relative to the identity of applicants for or recipients of services or relating to proceedings or actions to establish paternity or to establish or enforce support, or relating to the contents of any records, files, papers[,] and communications, except in the administration of the child support program or the administration of public assistance, including civil or criminal proceedings or investigations conducted in connection with the administration of the child support program or the administration of public assistance. Such officers, employees, persons and entities are specifically prohibited from disclosing any information relating to the whereabouts of one party to the other party:

     (1) If a protective order has been entered against the other party; or

     (2) If there is reason to believe that such disclosure may result in physical or emotional harm to the former party.

In any judicial proceedings, except such proceedings as are directly concerned with the administration of these programs, such information obtained in the discharge of official duties relative to the identity of applicants for or recipients of child support services or public assistance, and records, files, papers, communications and their contents shall be confidential and not admissible in evidence. Nothing in this subsection shall be construed to prohibit the circuit clerk from releasing information, not otherwise privileged, from court records for reasons other than the administration of the child support program, [as long as] if such information does not identify any individual as an applicant for or recipient of services under sections 454.400 to 454.645. Anyone who purposely or knowingly violates this subsection [shall be] is guilty of a class A misdemeanor.

     454.455. 1. In any case wherein an order for child support has been entered and the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative without obtaining a modification of legal custody, and the caretaker relative makes an assignment of support rights to the division of family services in order to receive aid to families with dependent children benefits, the relinquishment and the assignment, by operation of law, shall transfer the child support obligation under the order to the division in behalf of the state. The assignment shall terminate when the caretaker relative no longer has physical custody of the child, except for those unpaid support obligations still owing to the state under the assignment at that time.

     2. As used in subsection 1 of this section, the term "caretaker relative" includes only those persons listed in subdivision (2) of subsection 1 of section 208.040, RSMo.

     3. If an order for child support has been entered, no assignment of support has been made, and the legal custodian and obligee under the order relinquishes physical custody of the child to a caretaker relative without obtaining a modification of legal custody, the division may, thirty days after the transfer of custody, and upon notice to the obligor and obligee, direct the obligor or other payor to change the payee to the caretaker relative or appropriate state agency. Such order shall terminate when the caretaker relative no longer has physical custody of the child, except for those unpaid support obligations still owed to the caretaker relative.

     4. If there has been an assignment of support to an agency or division of the state or a requirement to pay through a state disbursement unit, upon notice to the obligor and obligee, the division may, upon notice to the obligor and obligee, direct the obligor or other payor to change the payee to the appropriate state agency.

     454.460. As used in sections 454.460 to 454.520, unless the context clearly indicates otherwise, the following terms mean:

     (1) "Court", any circuit court of this state and any court or agency of any other state having jurisdiction to determine the liability of persons for the support of another person;

     (2) "Court order", any judgment, decree, or order of any court which orders payment of a set or determinable amount of support money;

     (3) "Department", the department of social services of the state of Missouri;

     (4) "Dependent child", any person under the age of twenty-one who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

     (5) "Director", the director of the division of child support enforcement, or [his] the director's designee;

     (6) "Division", the division of child support enforcement of the department of social services of the state of Missouri;

     (7) "IV-D agency", an agency designated by a state to administer programs under Title IV-D of the Social Security Act;

     (8) "IV-D case", a case in which services are being provided pursuant to section 454.400;

     (9) "Obligee", any person to whom payments are required to be made [under] pursuant to the terms of a court order for a child, spouse or former spouse;

     [(8)] (10) "Obligor", any person required to make payments [under] pursuant to the terms of a court order for a child, spouse or former spouse;

     [(9)] (11) "Parent", the [natural] biological or adoptive father or mother of a dependent child;

     [(10)] (12) "Public assistance", any cash or benefit under part IV-A or title XIX [benefits] of the federal Social Security Act paid by the department to or for the benefit of any dependent child or any public assistance assigned to the state;

     [(11)] (13) "State", any state or political subdivision, territory or possession of the United States, District of Columbia, and the Commonwealth of Puerto Rico[.];

     (14) "Support order", a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living and providing monetary support, health care, child care, arrearages or reimbursement for such child, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.

     454.465. 1. For purposes of sections 454.460 to 454.505, a payment of public assistance by the division of family services to or for the benefit of any dependent child, including any payment made for the benefit of the caretaker of the child, creates an obligation, to be called "state debt", which is due and owing to the department by the parent, or parents, absent from the home where the dependent child resided at the time the public assistance was paid. The amount of the state debt shall be determined as follows:

     (1) Where there exists a court order directed to a parent which covers that parent's support obligation to a dependent during a period in which the division of family services provided public assistance to or for the benefit of that dependent, the state debt of that parent shall be an amount equal to the obligation ordered by the court, including arrearages and unpaid medical expenses, up to the full amount of public assistance paid; or

     (2) Where no court order covers a parent's support obligation to a dependent during a period in which the division of family services provided public assistance to or for the benefit of that dependent, the state debt may be set or reset by the director in an amount not to exceed the amount of public assistance so provided by the division of family services.

     2. No agreement between any obligee and any obligor regarding any duty of support, or responsibility therefor, or purporting to settle past, present, or future support obligations either as settlement or prepayment shall act to reduce or terminate any rights of the division to recover from that obligor for public assistance provided.

     3. The division shall have the right to make a motion to a court or administrative tribunal for modification of any court order creating a support obligation which has been assigned to the division of family services to the same extent as a party to that action.

     4. The department, or any division thereof, as designated by the department director is hereby authorized to promulgate such rules pursuant to section 454.400 and chapter 536, RSMo, as may be necessary to carry out the provisions of this chapter and the requirements of the Social Security Act, including, but not necessarily limited to, the opportunity for a hearing to contest an order of the division establishing or modifying support, rules for narrowing issues and simplifying the methods of proof at hearings, and [establishing] procedures for notice and the manner of service to be employed in all proceedings and remedies instituted pursuant to sections 454.460 to 454.505.

     5. Service pursuant to sections 454.460 to 454.505 may be made on the parent or other party in the manner prescribed for service of process in a civil action, by [a duly] an authorized process server appointed by the director, or by certified mail, return receipt requested. The director may appoint any uninterested party, including, but not necessarily limited to, employees of the division, to serve such process. For the purposes of this subsection, a parent who refuses receipt of service by certified mail is deemed to have been served.

     6. [In all proceedings and remedies instituted pursuant to sections 454.460 to 454.505, the division, through the director, shall have the power to administer oaths, issue subpoenas, compel witnesses and to require the production of books, accounts, documents, and evidence.

     7.] Creation of or exemption from a state debt under this section shall not limit any rights which the department has or may obtain under common or statutory law, including, but not limited to, those obtained under an assignment of support rights obtained pursuant to section 208.040, RSMo.

     454.470. 1. If a court order has not been previously entered or if a support order has been entered but is not entitled to recognition pursuant to sections 454.850 to 454.997, the director may issue a notice and finding of financial responsibility to a parent who owes a state debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division [under] pursuant to section 454.425. A copy of the notice and finding shall be sent by regular mail to both parents and any person or agency having custody of the child. When appropriate to the circumstances of the individual action, the notice shall state:

     (1) The name of the person or agency with custody of the dependent child and the name of the dependent child for whom support is to be paid;

     (2) The monthly future support for which the parent shall be responsible;

     (3) The state debt, if any, accrued and accruing, and the monthly payment to be made on the state debt which has accrued;

     (4) A statement of the costs of collection, including attorney's fees, which may be assessed against the parent;

     (5) That the parent shall be responsible for providing medical insurance for the dependent child;

     (6) That if [the] a parent desires to discuss the amount of support that [the parent] should be [required to pay] paid, the parent or person having custody of the child may, within twenty days after being served, contact the division office which sent the notice and request a negotiation conference. The other parent or person having custody of the child shall be notified of the negotiated conference and may participate in the conference. If no agreement is reached on the monthly amount to be paid, the director may issue a new notice and finding of financial responsibility, which may be sent to the parent required to pay support by regular mail addressed to the parent's last known address or, if applicable, the parent's attorney's last known address. A copy of the new notice and finding shall be sent by regular mail to the other parent or person having custody of the child;

     (7) That if [the] a parent or person having custody of the child objects to all or any part of the notice and finding of financial responsibility and no negotiation conference is requested, within twenty days of the date of service the parent [must] or person having custody of the child shall send to the division office which issued the notice a written response which sets forth any objections and requests a hearing; and, that if the director issues a new notice and finding of financial responsibility, the parent or person having custody of the child shall have twenty days from the date of issuance of the new notice to send a hearing request;

     (8) That if such a timely response is received by the appropriate division office, and if such response raises factual questions requiring the submission of evidence, the parent or person having custody of the child shall have the right to a hearing before an impartial hearing officer who is an attorney licensed to practice law in Missouri and, that if no timely written response is received, the director may enter an order in accordance with the notice and finding of financial responsibility;

     (9) That the parent has the right to be represented at the hearing by an attorney of [his] the parent's own choosing;

     (10) That the parent or person having custody of the child has the right to obtain evidence and examine witnesses as provided for in chapter 536, RSMo, together with an explanation of the procedure the parent [must] or person having custody of the child shall follow in order to exercise such rights;

     (11) That as soon as the order is entered, the property of the parent [will] required to pay support shall be subject to collection actions, including, but not limited to, wage withholding, garnishment, liens, and execution thereon;

     (12) A reference to sections 454.460 to 454.510;

     (13) That the parent is responsible for notifying the division of any change of address or employment;

     (14) That if the parent has any questions, the parent should telephone or visit the appropriate division office or consult an attorney; and

     (15) Such other information as the director finds appropriate.

     2. The statement of periodic future support required by subdivision (2) of subsection 1 of this section is to be computed as follows:

     (1) If there is sufficient information available to the division regarding the parent's financial and living situation, the scale and formula provided for in section 454.480 shall be used; or

     (2) If there is insufficient information available to use the scale and formula, an estimate of ability to pay shall be the basis of the statement.

     3. Any time limits for notices or requests may be extended by the director, and such extension shall have no effect on the jurisdiction of the court, administrative body, or other entity having jurisdiction over the proceedings.

     4. If a timely written response setting forth objections and requesting a hearing is received by the appropriate division office, and if such response raises a factual question requiring the submission of evidence, a hearing shall be held in the manner provided by section 454.475. If no timely written response and request for hearing is received by the appropriate division office, the director may enter an order in accordance with the notice, and shall specify:

     (1) The amount of periodic support to be paid, with directions on the manner of payment;

     (2) The amount of state debt, if any, accrued in favor of the department;

     (3) The monthly payment to be made on state debt, if any;

     (4) The amount of costs of collection, including attorney's fees, assessed against the parent;

     (5) The name of the person or agency with custody of the dependent child and the name and birth date of the dependent child for whom support is to be paid;

     (6) That the property of the parent is subject to collection actions, including, but not limited to, wage withholding, garnishment, liens, and execution thereon; and

     (7) If appropriate, that the parent shall provide medical insurance for the dependent child, or shall pay the reasonable and necessary medical expenses of the dependent child.

     5. The parent or person having custody of the child shall be sent a copy of the order by registered or certified mail, return receipt requested, addressed to the parent's last known address or, if applicable, the parent's attorney's last known address. The order is final, and action by the director to enforce and collect upon the order, including arrearages, may be taken from the date of issuance of the order. A copy of the order shall also be sent by regular mail to the person having custody of a child for whom an order is issued [under] pursuant to this section.

     6. Copies of the orders issued pursuant to this section shall be mailed within fourteen days of the issuance of the order.

     7. Any parent or person having custody of the child who is aggrieved as a result of any allegation or issue of fact contained in the notice and finding of financial responsibility shall be afforded an opportunity for a hearing, upon the request in writing filed with the director not more than twenty days after service of the notice and finding is made upon such parent or person having custody of the child, and if in requesting such hearing, the aggrieved parent or person having custody of the child raises a factual issue requiring the submission of evidence.

     454.475. 1. [Any parent who is aggrieved as a result of any allegation or issue of fact contained in the notice and finding of financial responsibility shall be afforded an opportunity for a hearing, upon request in writing filed with the director not more than twenty days after service of the notice and finding is made upon such parent, if, in requesting such hearing, the aggrieved parent raises a factual issue requiring the submission of evidence.] Hearings provided for in this section shall be conducted pursuant to chapter 536, RSMo, by administrative hearing officers designated by the Missouri department of social services. The hearings officer shall provide the parents, the person having custody of the child, or other appropriate agencies or their attorneys with notice of any proceeding in which support obligations may be established or modified. The department shall not be stayed from enforcing and collecting upon the administrative order during the hearing process and during any appeal to the courts of this state, unless specifically enjoined by court order.

     2. If no factual issue has been raised by the application for hearing, or the issues raised have been previously litigated or do not constitute a defense to the action, the director may enter [his] an order without an evidentiary hearing, which order shall be a final decision entitled to judicial review as provided in sections 536.100 to 536.140, RSMo.

     3. After full and fair hearing, the hearing officer shall make specific findings regarding the liability and responsibility, if any, of the alleged responsible parent for the support of the dependent child, and for repayment of accrued state debt or arrearages, and the costs of collection, and shall enter an order consistent therewith. In making the determination of the amount the parent shall contribute toward the future support of a dependent child, the hearing officer shall use the scale and formula for minimum support obligations established by the department pursuant to section 454.480. [The hearing officer shall file his findings with the department within thirty days of the date on which the hearing is concluded.]

     4. If the [parent] person who requests the hearing fails to appear at the time and place set for the hearing, upon a showing of proper notice to that parent, the hearing officer shall enter [his] findings and order in accordance with the provisions of the notice and finding of support responsibility unless [he] the hearing officer determines that no good cause therefor exists.

     5. In contested cases, the findings and order of the hearing officer shall be the decision of the director. Any parent or person having custody of the child adversely affected by such decision may obtain judicial review [under] pursuant to sections 536.100 to 536.140, RSMo, by filing a petition for review in the circuit court of proper venue within thirty days of [receipt of notice] mailing of the decision. Copies of the decision or order of the hearings officer shall be mailed to any parent, person having custody of the child and the division within fourteen days of issuance.

     6. If a hearing has been requested, and upon request of a parent, a person having custody of the child, the division or a IV-D agency, the director shall enter a temporary order requiring the provision of child support pending the final decision or order pursuant to this section if there is clear and convincing evidence establishing a presumption of paternity pursuant to section 210.822, RSMo. In determining the amount of child support, the director shall consider the factors set forth in section 452.340, RSMo. The temporary order, effective upon filing pursuant to section 452.340, RSMo, is not subject to a hearing pursuant to this section. The temporary order may be stayed by a court of competent jurisdiction only after a hearing and a finding by the court that the order fails to comply with rule 88.01.

     454.476. 1. If a court order has previously been entered, the director may enter an administrative order in accordance with the court order, upon receiving from the obligee, a child support enforcement agency of another state, or the court:

     (1) A certified copy of the court order together with all modifications thereto;

     (2) A sworn statement by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages under the court order;

     (3) A statement of the name, last known address and, if known, the social security number of the obligor; and

     (4) The name and address of the obligor's employer or other payor, if known.

     2. The obligor shall be sent a copy of the administrative order by certified mail, return receipt requested, addressed to the obligor's last known address or, if applicable, the obligor's attorney's last known address. The obligee shall be sent a copy of the administrative order by regular mail. Copies of the order shall be mailed within fourteen days of issuance.

     3. Upon entry of the order, the director shall issue an order directing an employer or other payor to withhold and pay over money due or to become due to the obligated parent as set out in section 454.505.

     4. The obligor, within fourteen days after receiving notice of the director's order, may request an administrative hearing as provided in section 454.475 to contest the order or withholding thereunder. At such hearing, the certified copy of the court order and the sworn or certified statement of arrearages shall constitute prima facie evidence that the director's order is valid and enforceable. Once the prima facie case is established, the obligor may assert only mistake of fact as a defense. Mistake of fact shall mean an error in the amount of arrearages or an error as to the identity of the obligor. The obligor shall have the burden of proof as to these issues. The obligor may not obtain relief from the withholding by paying the overdue support.

     5. If the obligor requests a hearing, the withholding will be implemented unless the obligor posts a bond or other security satisfactory to the director to insure payment of support.

     6. Every order which contains a provision for the support of a child, whether entered by a court or an administrative body of this or any other state, and whether entered prior to or subsequent to enactment of this section, shall be enforceable by an order to withhold as provided for by section 454.505 immediately upon compliance with subsection 1 of this section.

     454.485. 1. The director may enter an order establishing paternity of a child in the course of a support proceeding under sections 454.460 to 454.510 when the man is presumed to be the child's father under section 210.822, RSMo, or when both parents sign sworn statements that the paternity of the dependent child for whom support is sought has not been legally established and that the male parent is the father of the child. For purposes of paternity establishment under this section, a sworn statement shall include a statement verified by a person authorized to take oaths under section 207.020, RSMo, or section 454.465.

     2. The director may enter an order requiring genetic testing in the course of an action to establish paternity under sections 454.460 to 454.510 or upon request of a IV-D agency of another state that is seeking to establish paternity. The order may require that the child, the mother or an alleged father submit to tests to be performed by an expert designated by the division to be qualified as an examiner of genetic markers present on blood cells and components, or other tissue or fluid. Such examiner shall be qualified to be an expert as defined in section 210.834, RSMo, and shall be considered an expert under subdivision (5) of subsection 1 of section 210.822, RSMo. In addition to any other provisions for enforcement of the order, the order may be filed under section 454.490 and refusal to comply with the order shall constitute civil contempt.

     3. The docketing, pursuant to section 454.490, of an order establishing paternity under this section shall establish legal paternity for all purposes. The division shall provide an additional copy of each administrative order to be docketed and the circuit clerk shall, upon docketing, forward such copy to the bureau of vital records of the department of health. The bureau of vital records shall enter the name of the father on the birth records pursuant to sections 193.085 and 193.215, RSMo, and shall record the social security account numbers of both parents, pursuant to section 193.075, RSMo.

     [3.] 4. In no event shall a hearing official conducting a hearing under sections 454.460 to 454.510 be authorized to enter a finding of nonpaternity in the case of a man presumed to be the [natural] biological father of any child under Missouri law, or of the father of any child born out of wedlock who has acknowledged paternity in writing under oath or has acknowledged that he is responsible for the support, maintenance[,] and education of such child, unless such presumption has been overruled, or such acknowledgment has been ruled void by a court of competent jurisdiction.

     5. In an action contesting paternity, the director shall require genetic testing upon request of a party to such action if the request is supported by a sworn statement of the party which:

     (1) Alleges paternity and sets forth facts establishing a reasonable possibility of sexual contact between the parties; or

     (2) Denies paternity and sets forth facts establishing a reasonable possibility that there was no sexual contact between the parties.

     6. The division shall pay the cost of any genetic test ordered under this section. If paternity of the alleged father is established, the alleged father may be ordered to pay the cost of such test. If the results of a genetic test are contested, the director shall not order additional testing when requested by the person contesting the results of such test unless such person pays in advance for such test.

     454.490. 1. A true copy of any order entered by the director pursuant to sections 454.460 to 454.510, along with a true copy of the return of service, may be filed [in the office] with the clerk of the circuit court [clerk] in the county in which either the parent or the dependent child resides. Upon filing, the clerk shall enter the order in the judgment docket. Upon docketing, the order shall have all the force, effect, and attributes of a docketed order or decree of the circuit court, including, but not limited to, lien effect and enforceability by supplementary proceedings, contempt of court, execution[,] and garnishment.

     2. In addition to any other provision to enforce an order docketed under this section or any other support order of the court, the court may, upon petition by the division, require that an obligor who owes past due support to a child receiving assistance under Part IV-A of the Social Security Act pay support in accordance with a plan approved by the court, or if the obligor is subject to such plan and is not incapacitated, the court may require the obligor to participate in work activities.

     3. In addition to any other provision to enforce an order docketed under this section or any other support order of the court, the division or other IV-D agency, the director may order that an obligor who owes past due support to a child receiving assistance under Part IV-A of the Social Security Act pay support in accordance with a plan approved by the director, or if the obligor is subject to such plan and is not incapacitated, the director may order the obligor to participate in work activities. The order of the director shall be filed with a court under subsection 1 of this section and shall be enforceable as an order of the court.

     4. As used in this section, "work activities" include:

     (1) Unsubsidized employment;

     (2) Subsidized private sector employment;

     (3) Subsidized public sector employment;

     (4) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available;

     (5) On the job training;

     (6) Job search and job readiness assistance;

     (7) Community services programs;

     (8) Vocational educational training, not to exceed twelve months with respect to any individual;

     (9) Job skills training directly related to employment;

     (10) Education directly related to employment, in the case of an individual who has not received a high school diploma or its equivalent;

     (11) Satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of an individual who has not completed secondary school or received such a certificate; and

     (12) The provision of child care services to an individual who is participating in a community service program.

     454.495. 1. When an administrative order has been docketed pursuant to section 454.490, the court shall order all support payments to be made to the circuit clerk as trustee for the division of family services or other person entitled to receive such payments under the order. The filing of such order by the director shall in and of itself authorize the court to make the circuit clerk the trustee, notwithstanding any existing court order, statute, or other law to the contrary, and the court need not hold a hearing on the matter. The circuit clerk shall:

     (1) Forward [forthwith] all such payments to the department or other person entitled to receive such payments under the order[, shall];

     (2) Keep an accurate record of the orders and the payments[,]; and [shall]

     (3) Report all such collections to the department in the manner specified by the department.

     2. As used in this section, "assignment" includes an assignment to the state by a person who has applied for or is receiving assistance under programs funded under Part A of Title IV or Title XIX of the Social Security Act.

     3. The provisions of this section shall be in effect only for cases not converted to the "disbursement unit" operated by the division of child support enforcement.

     454.496. 1. At any time after the entry of a court order for child support in a case in which support rights have been assigned to the state [of Missouri] pursuant to section 208.040, RSMo, or a case in which support enforcement services are being provided [under] pursuant to section 454.425, the obligated parent, the obligee or the division of child support enforcement may file a motion to modify the existing child support order [under] pursuant to this section, [provided that] if a review has first been completed by the director of child support enforcement pursuant to subdivision (13) of subsection 2 of section 454.400. The motion shall be in writing in a form prescribed by the director, shall set out the reasons for modification and shall state the telephone number and address of the moving party. The motion shall be served in the same manner provided for in subsection 5 of section 454.465 upon the obligated parent, the obligee and the division, as appropriate. In addition, if the support rights are held by the division of family services on behalf of the state, the moving party shall mail a true copy of the motion by certified mail to the person having custody of the dependent child at the last known address of that person. The party against whom the motion is made shall have thirty days either to resolve the matter by stipulated agreement or to serve the moving party and the director, as appropriate, by regular mail with a written response setting forth any objections to the motion and a request for hearing. When requested, the hearing shall be conducted pursuant to section 454.475 by hearing officers designated by the department of social services. In such proceedings, the hearing officers shall have the authority granted to the director pursuant to subsection 6 of section 454.465.

     2. When no objections and request for hearing have been served within thirty days, the director, upon proof of service, shall enter an order granting the relief sought. Copies of the order shall be mailed to the parties within fourteen days of issuance.

     3. A motion to modify made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

     4. The only support payments which may be modified are payments accruing subsequent to the service of the motion upon all parties to the motion.

     5. The party requesting modification shall have the burden of proving that a modification is appropriate [under] pursuant to the provisions of section 452.370, RSMo.

     6. Notwithstanding the provisions of section 454.490 to the contrary, an administrative order modifying a court order is not effective until the administrative order is filed with and approved by the court that entered the court order. The court may approve the administrative order if no party affected by the decision has filed a petition for judicial review pursuant to sections 536.100 to 536.140, RSMo. The court shall determine if the administrative order complies with the provisions of supreme court rule 88.01. If it so determines, the court shall make a written finding on the record that the order complies with the provisions of supreme court rule 88.01 and approve the order. If upon review the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. The court shall notify the parties and the division of the setting of such proceeding. If no action is taken by the court within forty-five days of the filing of the administrative order with the court, and no petition for judicial review has been filed pursuant to sections 536.100 to 536.140, RSMo, the court shall be deemed to have made a written finding that the administrative order complies with the provisions of supreme court rule 88.01 and to have approved the administrative order.

     7. Notwithstanding the venue provisions of chapter 536, RSMo, to the contrary, for the filing of petitions for judicial review of final agency decisions and contested cases, the venue for the filing of a petition for judicial review contesting an administrative order entered [under] pursuant to this section modifying a judicial order shall be in the court which entered the judicial order. In such cases in which a petition for judicial review has been filed, the court shall consider the matters raised in the petition and determine if the administrative order complies with supreme court rule 88.01. If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. The court shall notify the parties and the division of the setting of such proceeding. If the court determines that the matters raised in the petition are without merit and that the administrative order complies with the provisions of supreme court rule 88.01, the court shall approve the order.

     454.498. 1. Notwithstanding section 452.370, RSMo, and sections 454.496 and 454.500 or any other section which requires a showing of a substantial and continuing change in circumstances to the contrary, and as provided for in subdivision (13) of subsection 2 of section 454.400, taking into account the best interests of the child, the director shall:

     (1) Modify, if appropriate, a support order being enforced under Title IV-D of the Social Security Act in accordance with the guidelines and criteria set forth in supreme court rule 88.01 if the amount in the current order differs from the amount that would be awarded in accordance with the guidelines;

     (2) Apply a cost of living adjustment to a support order established under section 454.470 in accordance with a formula developed by the division; or

     (3) Use automated methods to identify orders eligible for review, conduct the review, and identify orders eligible for adjustment and apply the adjustment.

     2. If the division applies adjustments under subdivision (2) or (3) of subsection 1 of this section, either party to the order may contest the adjustment within thirty days after the date of the notice of adjustment by requesting a review and modification in accordance with the guidelines and criteria set forth in supreme court rule 88.01. If the review is timely requested, the division shall review and modify the order, if appropriate, in accordance with supreme court rule 88.01.

     3. The division may review and adjust a support order upon request outside the three year cycle only upon a demonstration by the requesting party of a substantial change in circumstances which shall be determined by the division. If the division determines that an adjustment shall not be made, the division shall, within fourteen days, mail notice of such determination to the parents and other child support agency, if any.

     454.500. 1. At any time after the entry of an order under sections 454.470 and 454.475, the obligated parent, the division, or the person or agency having custody of the dependent child may file a motion for modification with the director. Such motion shall be in writing, shall set forth the reasons for modification, and shall state the address of the moving party. The motion shall be served by the moving party in the manner provided for in subsection 5 of section 454.465 upon the obligated parent or the party holding the support rights, as appropriate. In addition, if the support rights are held by the division of family services on behalf of the state, a true copy of the motion shall be mailed by the moving party by certified mail to the person having custody of the dependent child at the last known address of that person. A hearing on the motion shall then be provided in the same manner, and determinations shall be based on considerations set out in section 454.475, unless the party served fails to respond within thirty days, in which case the director may enter an order by default. If the child for whom the order applies is no longer in the custody of a person receiving public assistance or receiving support enforcement services from the department, or a division thereof, under section 454.425, the director may certify the matter for hearing to the circuit court in which the order was filed pursuant to section 454.490 in lieu of holding a hearing under section 454.475. If the director certifies the matter for hearing to the circuit court, service of the motion to modify shall be had in accordance with the provisions of subsection 5 of section 452.370, RSMo. If the director does not certify the matter for hearing to the circuit court, service of the motion to modify shall be considered complete upon personal service, or on the date of mailing, if sent by certified mail. For the purpose of 42 U.S.C. 666(a)(9)(C), the director shall be considered the "appropriate agent" to receive the notice of the motion to modify for the obligee or the obligor, but only in those instances in which the matter is not certified to circuit court for hearing, and only when service of the motion is attempted on the obligee or obligor by certified mail.

     2. A motion for modification made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order pending the modification proceeding unless so ordered by the court.

     3. Only payments accruing subsequent to the service of the motion for modification upon all named parties to the motion may be modified. Modification may be granted only upon a showing of a change of circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support award, the director, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed. If the application of the guidelines and criteria set forth in supreme court rule 88.01 to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable.

     4. The circuit court may, upon such terms as may be just, relieve a parent from an administrative order entered against that parent because of mistake, inadvertence, surprise, or excusable neglect.

     5. No order entered pursuant to section 454.476 shall be modifiable under this section, except that an order entered under section 454.476 shall be amended by the director to conform with any modification made by the court that entered the court order upon which the director based his order.

     6. When the party seeking modifications has met the burden of proof set forth in subsection 3 of this section, then the child support shall be determined in conformity with the criteria set forth in supreme court rule 88.01.

     7. The social security number of the parents shall be recorded on any order entered under this section.

     454.505. 1. In addition to any other remedy provided by law for the enforcement of support, if an order has been entered by the director pursuant to sections 454.460 to 454.505, the director shall issue an order directing any employer or other payor of the parent to withhold and pay over to the department or the clerk of the circuit court in the county in which the order of the director was docketed pursuant to section 454.490, money due or to become due the obligated parent in an amount not to exceed federal wage garnishment limitations. For administrative child support orders issued pursuant to sections other than section 454.476, the director shall not issue an order to withhold and pay over in any case in which:

     (1) One of the parties demonstrates, and the director finds, that there is good cause not to require immediate income withholding. For purposes of this subdivision, any finding that there is good cause not to require immediate withholding must be based on, at least, a written determination and an explanation by the director that implementing immediate wage withholding would not be in the best interests of the child and proof of timely payments of previously ordered support in cases involving the modification of support orders; or

     (2) A written agreement is reached between the parties that provides for an alternative payment arrangement.

If the income of an obligor is not withheld as of the effective date of the support order, under subdivision (1) or (2) of this subsection, or otherwise, such obligor's income shall become subject to withholding under this section, without further exception, on the date on which the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation.

     2. An order entered pursuant to this section shall recite the amount [of all arrearages due, the amount] required to be paid as continuing support, the amount to be paid monthly for arrearages and the social security number of the obligor if available. In addition, the order shall contain a provision that the obligor shall notify the division of child support enforcement regarding the availability of medical insurance coverage through an employer or a group plan, provide the name of the insurance provider when coverage is available, and inform the division of any change in access to such insurance coverage. A copy of sections 454.460 and 454.505 shall be appended to the order. A copy of such order shall be filed with the circuit court in the county in which the administrative support order was filed pursuant to section 454.490.

     3. An order entered pursuant to this section shall be served on the employer or other payor by certified mail, return receipt requested, or may be issued through electronic means and shall be binding on the employer or other payor two weeks after mailing or electronic issuance of such service. A copy of the order and a notice of property exempt from withholding shall be mailed to the obligor at his last known address. The notice shall advise the obligor that the withholding has commenced and of the procedures to contest the withholding under section 454.475 on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. At such hearing the certified copy of the court order and the sworn or certified statement of arrearages shall constitute prima facie evidence that the director's order is valid and enforceable. If the prima facie case is established, the obligor may only assert mistake of fact as a defense. For the purpose of this section, "mistake of fact" means an error in the amount of the withholding or an error as to the identity of the obligor. The obligor shall have the burden of proof on such issues. The obligor may not obtain relief from the withholding by paying the overdue support. The employer or other payor shall withhold from the earnings or other income of each obligor the amount specified in the order, and may deduct an additional sum not to exceed six dollars as reimbursement for costs, except that the total amount withheld shall not exceed the limitations contained in the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b). The employer or other payor shall transmit the payments as directed in the order within [ten] seven business days of the date the money due, earnings or other income was payable to the obligor. For purposes of this section, "business day" means a day that state offices are open for regular business. The employer or other payor shall, along with the amounts transmitted, provide the date the amount was withheld from each obligor. If the order does not contain the social security number of the obligor, the employer or other payor shall not be liable for withholding from the incorrect obligor.

     4. If the order is served on a payor other than an employer, it shall be a lien against any money due or to become due the obligated parent which is in the possession of the payor on the date of service or which may come into the possession of the payor after service until further order of the director, except for any deposits held in two or more names in a financial institution.

     5. The department shall notify an employer or other payor upon whom such an order has been directed whenever all arrearages have been paid in full, and whenever, for any other reason, the amount required to be withheld and paid over to the department under the order as to future pay periods is to be reduced or redirected. If the parent's support obligation is required to be paid monthly and the parent's pay periods are at more frequent intervals, the employer or other payor may, at the request of the parent and with the consent of the director, withhold and pay over to the department, an equal amount at each pay period cumulatively sufficient to comply with the withholding order.

     6. An order issued under subsection 1 of this section shall be a continuing order and shall remain in effect and be binding upon any employer or other payor upon whom it is directed until a further order of the director. Such orders shall terminate when all children for whom the support order applies are emancipated or deceased, or the support obligation otherwise ends, and all arrearages are paid. No order to withhold shall be terminated solely because the obligor has fully paid arrearages.

     7. An order issued under subsection 1 of this section shall have priority over any other legal process under state law against the same wages, except that where the other legal process is an order issued pursuant to this section or section 452.350, RSMo, the processes shall run concurrently, up to applicable wage withholding limitations. If concurrently running wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the obligor to exceed applicable wage withholding limitations, the employer shall first satisfy current support obligations by dividing the amount available to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support order amount has to the sum of all current child support obligations. Thereafter, arrearages shall be satisfied using the same pro rata distribution procedure used for distributing current support, up to the applicable limitation.

     8. No employer or other payor who complies with an order entered pursuant to this section shall be liable to the parent, or to any other person claiming rights derived from the parent, for wrongful withholding. An employer or other payor who fails or refuses to withhold or pay the amounts as ordered under this section shall be liable to the party holding the support rights in an amount equal to the amount which became due the parent during the relevant period and which, under the order, should have been withheld and paid over. The director is hereby authorized to bring an action in circuit court to determine the liability of an employer or other payor for failure to withhold or pay the amounts as ordered. If a court finds that a violation has occurred, the court may fine the employer in an amount not to exceed five hundred dollars. The court may also enter judgment against the employer for the amounts to be withheld or paid, court costs and reasonable attorney's fees.

     9. The remedy provided by this section shall be available where the state or any of its political subdivisions is the employer or other payor of the obligated parent in the same manner and to the same extent as where the employer or other payor is a private party.

     10. An employer shall not discharge, or refuse to hire or otherwise discipline an employee as a result of an order to withhold and pay over certain money authorized by this section. If any such employee is discharged within thirty days of the date upon which an order to withhold and pay over certain money is to take effect, there shall arise a rebuttable presumption that such discharge was a result of such order. This presumption shall be overcome only by clear, cogent and convincing evidence produced by the employer that the employee was not terminated because of the order to withhold and pay over certain money. The director is hereby authorized to bring an action in circuit court to determine whether the discharge constitutes a violation of this subsection. If the court finds that a violation has occurred, the court may enter an order against the employer requiring reinstatement of the employee and may fine the employer in an amount not to exceed five hundred dollars. Further, the court may enter judgment against the employer for the back wages, costs, attorney's fees, and for the amount of child support which should have been withheld and paid over during the period of time the employee was wrongfully discharged.

     11. If an obligor for whom an order to withhold has been issued under subsection 1 of this section terminates his employment, the employer shall, within ten days of the termination, notify the division of the termination, shall provide to the division the last known address of the obligor, if known to the employer, and shall provide to the department the name and address of the obligor's new employer, if known. When the department determines the identity of the obligor's new employer, the director shall issue an order to the new employer as provided in subsection 1 of this section.

     12. If an employer or other payor is withholding amounts for more than one order issued under subsection 1 of this section, the employer or other payor may transmit all such withholdings which are to be remitted to the same circuit clerk or other collection unit as one payment together with a separate list identifying obligors for whom a withholding has been made and the amount withheld from each obligor so listed, and the withholding date or dates for each obligor.

     13. For the purposes of this section, "income" means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation benefits, disability benefits, payments pursuant to a pension or a retirement program, and interest.

     14. The employer shall withhold funds as directed in the notice, except that when an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

     (1) The employer's fee for processing an income withholding order;

     (2) The maximum amount permitted to be withheld from the obligor's income;

     (3) The time periods within which the employer shall implement the income withholding order and forward the child support payments;

     (4) The priorities for withholding and allocating income withheld for multiple child support obligees; and

     (5) Any withholding terms and conditions not specified in the order.

     15. If the secretary of the Department of Health and Human Services promulgates a final standard format for an employer income withholding notice, the director shall use such notice prescribed by the secretary.

     454.507. 1. In addition to the authority of the division to request information pursuant to section 454.440, the division may request information from financial institutions pursuant to this section.

     2. As used in this section:

     (1) "Account" includes a demand deposit, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account;

     (2) "Encumbered assets", the noncustodial parent's interest in an account which is encumbered by a lien arising by operation of law or otherwise;

     (3) "Financial institution" includes:

     (a) A depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(c));

     (b) An institution affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(u));

     (c) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. section 1752), including an institution affiliated party of such a credit union as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C. section 1786(r)); or

     (d) Any benefit association, insurance company, safe deposit company, money market fund or similar entity authorized to do business in the state.

     3. The division shall enter into agreements with financial institutions to develop and operate a data match system which uses automated exchanges to the maximum extent feasible. Such agreements shall require the financial institution, to provide to the division, for each calendar quarter, the name, record address, social security number or other taxpayer identification number, and other identifying information of each noncustodial parent who maintains an account at such institution and who owes past due support, as identified by the division by name and social security number or other taxpayer identification number. The financial institution shall only provide such information stated in this subsection that is readily available through existing data systems, and as such data systems are enhanced, solely at the financial institution's discretion and for its business purposes, the financial institution shall provide any original and additional information which becomes readily available for any new data match request.

     4. The division shall pay a reasonable fee to the financial institution for conducting the data match pursuant to this section, but such amount shall not exceed the costs incurred by the financial institution.

     5. The division of a IV-D agency may issue liens against any account in a financial institution and may release such liens.

     6. If a notice of lien is received from the division or a IV-D agency, the financial institution shall immediately encumber the assets held by such institution on behalf of any noncustodial parent who is subject to such lien. However, if the account is in the name of a noncustodial parent and such parent's spouse, the financial institution at its discretion may not encumber the assets and when it elects to encumber such assets, shall so notify the division or IV-D agency. The amount of assets to be encumbered shall be stated in the notice and shall not exceed the amount of unpaid support due at the time of issuance. The financial institution shall, within five business days of receipt of such notice, mail a copy of the notice of lien to the noncustodial parent and any other person named on the account at the address shown in the records of the financial institution.

     7. (1) Except as provided in subsection 6 of this section, the interest of the noncustodial parent shall be presumed equal to all other joint owners, unless at least one of the joint owners provides the division or IV-D agency with a true copy of a written agreement entered prior to the date of issuance of notice of lien, or other clear and convincing evidence regarding the various ownership interests of the joint owners within twenty days of the financial institution's mailing of the notice of lien. The financial institution shall only encumber the amount presumed to belong to the noncustodial parent. The division or IV-D agency may proceed to issue an order for the amount in the account presumed to belong to the noncustodial parent if no prior written agreement or other evidence is provided.

     (2) If a prior written agreement or other clear and convincing evidence is furnished to the division, and based on such agreement or evidence the division or IV-D agency determines that the interest of the noncustodial parent is less than the presumed amount, the division or IV-D agency shall amend the lien to reflect the amount in the account belonging to the noncustodial parent or shall release the lien if the noncustodial parent has no interest in the account. In no event shall the division or IV-D agency obtain more than the presumed amount of the account without a judicial determination that a greater amount of the account belongs to the noncustodial parent. The division or IV-D agency may by levy and execution on a judgment in a court of competent jurisdiction seek to obtain an amount greater than the amount presumed to belong to the noncustodial parent upon proof that the noncustodial parent's interest is greater than the amount presumed pursuant to this subsection.

     (3) For purposes of this subsection, accounts are not joint accounts when the noncustodial parent has no legal right to the funds, but is either a contingent owner or agent. Such nonjoint accounts shall include, but are not limited to, a pay on death account or any other account in which the noncustodial parent owner may act as agent by a power of attorney or otherwise. Furthermore, when any account naming the noncustodial parent has not been disclosed to the noncustodial parent which is evidenced by a signature card or other deposit agreement not containing the signature of such noncustodial parent, then for the purposes of this subsection, such account shall not be treated as a joint account.

     (4) Notwithstanding any other provision of this section, a financial institution shall not encumber any account containing less than one hundred dollars.

     8. Upon service of an order to surrender issued pursuant to this section, any financial institution in possession of a jointly owned account may interplead such property as otherwise provided by law.

     9. Any other joint owner may petition a court of competent jurisdiction for a determination that the interests of the joint owners are disproportionate. The party filing the petition shall have the burden of proof on such a claim. If subject to the jurisdiction of the court, all persons owning affected accounts with a noncustodial parent shall be made parties to any proceeding to determine the respective interests of the joint owners. The court shall enter an appropriate order determining the various interests of each of the joint owners and authorizing payment against the obligor's share for satisfaction of the child support or maintenance obligation.

     10. The court may assess costs and reasonable attorney's fees against the noncustodial parent if the court determines that the noncustodial parent has an interest in the affected joint account.

     11. The division may order the financial institution to surrender all or part of the encumbered assets. The order shall not issue until sixty days after the notice of lien is sent to the financial institution. The financial institution shall, within seven days of receipt of the order, pay the encumbered amount as directed in the order to surrender.

     12. A financial institution shall not be liable pursuant to any state or federal law, including 42 U.S.C. section 669A, to any person for:

     (1) Any disclosure of information to the division pursuant to this section;

     (2) Encumbering or surrendering any assets held by the financial institution in response to a lien or order pursuant to this section and notwithstanding any other provisions in this section to the contrary, encumbering or surrendering assets from any account in the financial institution connected in any way to the noncustodial parent; or

     (3) Any other action taken in good faith to comply with the requirements of this section.

     13. A financial institution that fails without due cause to comply with a notice of lien or order to surrender issued pursuant to this section shall be liable for the amount of the encumbered assets and the division may bring an action against the financial institution in circuit court for such amount. For purposes of this subsection, "due cause" shall include, but not be limited to, a financial institution which demonstrates to a court of competent jurisdiction that the institution established in good faith a routine to comply with the requirements of this section and that one or more transactions to enforce the lien or order to surrender were not completed due to an accidental error, a misplaced computer entry, or other accidental human or mechanical problems.

     454.511. The division may certify a person who owes a child support arrearage in an amount exceeding five thousand dollars to the appropriate federal government agency for the purpose of denying a passport or revoking, suspending or limiting a passport previously issued to such person. Prior to such certification, the division shall serve such person, as provided in section 454.465, notice of the proposed certification and the consequences of such certification upon such person or obligor. Within thirty days of receipt of the notice, the obligor may contest the proposed certification by requesting in writing a hearing under the procedures in section 454.475. At such hearing the obligor may assert only mistake of fact as a defense. For purposes of this section, "mistake of fact" means an error in the amount of arrearages or an error as to the identity of the obligor. The obligor shall have the burden of proof on such issues. The division shall not certify the obligor until after a final decision has been reached.

          [454.512. 1. As used in this section, the term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

          2. Upon request of any consumer reporting agency, the division shall report to the agency the amount of delinquent support owed by an obligor and the dates during which the delinquency accrued if the obligor owes a delinquency of one thousand dollars or more. The division may impose a fee of not more than fifty cents for each request, except that the fee shall not exceed the actual cost of complying with the request. The obligor shall be notified of the request not less than twenty days before information is released and shall be advised as to the information the division intends to provide to the agency. The obligor may, within twenty days, request a hearing as to the accuracy of the information. The hearing shall be conducted by the department in accordance with chapter 536, RSMo. If a hearing is timely requested, no information shall be released until the hearing process has been completed.]

     454.512. 1. The division shall periodically report the name of any noncustodial parent who is delinquent in the payment to child support and the amount of overdue support owed by such parent to consumer reporting agencies, as defined in 15 U.S.C. section 1681a(f).

     2. The noncustodial parent shall be provided notice and a reasonable opportunity to contest the accuracy of the information before such information is reported to a consumer reporting agency under procedures adopted by the division.

     3. Before referring information to any entity under this section, the division shall ensure that such entity has furnished evidence showing it qualifies as a consumer reporting agency.

     454.513. 1. Any attorney initiating any legal proceedings at the request of the Missouri division of child support enforcement shall represent the state of Missouri, department of social services, division of child support enforcement exclusively. An attorney/client relationship shall not exist between the attorney and any applicant or recipient of child support enforcement services for and on behalf of a child or children, without regard to the name in which legal proceedings are initiated. The provisions of this section shall apply to a prosecuting attorney, circuit attorney, attorney employed by the state or attorney under contract with the division of child support enforcement.

     2. Any attorney representing the division in a proceeding in which a child support obligation may be established or modified shall, whenever possible, notify the applicant or recipient of child support enforcement services of such proceeding if such applicant or recipient is a party to such proceeding but is not represented by an attorney.

     454.514. 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 an obligor's distributive share of a decedent's estate.

     2. No such lien shall be effective unless and until a written notice is filed with the clerk of the probate court in which the decedent's estate is being administered, a copy of the notice is sent by regular United States mail to the personal representative of the decedent, and, if the obligor's distributive share includes real estate, in the real estate records of the county where the real estate is located. 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. The lien shall attach to the obligor's distributive share upon the filing of the notice of the lien with the clerk. Thereafter, the personal representative of the decedent shall pay to the obligee, director or the director's designated agent, the lesser of the obligor's distributive share or the unpaid and delinquent child or spousal support. If the personal representative fails to pay the obligee or the state of Missouri, as the case may be, the personal representative shall be liable upon his bond to the obligee or the state of Missouri.

     4. In cases which are not IV-D cases, [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or his 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.

     454.515. 1. A judgment or order for child support or maintenance payable in periodic installments shall not be a lien on the real estate of the person against whom the judgment or order is rendered until the person entitled to receive payments under the judgment or order, the division or IV-D agency requests a lien and the lien request is recorded in the office of the circuit clerk of any county in this state in which such real estate is situated in the manner provided for by the supreme court and chapter 511, RSMo. Thereafter, the judgment shall become a lien on all real property of the obligor in such county, owned by the obligor at the time, or which the obligor may acquire afterwards and before the lien expires[, for the respective amounts of child support or maintenance installments as they mature. The judgment or order shall not become a lien for any sum or sums prior to the date they severally become due and payable].

     2. Liens under this section shall commence on the day each installment becomes due and is unpaid and shall continue for a period of three years, unless revived in the manner set forth in sections 511.370 to 511.430, RSMo. A judgment creditor, the division or a IV-D agency may revive a lien on or before each three-year anniversary of the original judgment. At the time each lien is revived, all unpaid installments shall remain a lien for the subsequent three-year period.

     3. If the circuit clerk in the county where the decree was entered has not been made trustee to receive child support or maintenance payments, the request shall be accompanied by sworn affidavit attesting to the number of unpaid installments, the dates when such unpaid installments became due, the total support or maintenance due and unpaid, and the last known mailing address of the obligor. The request shall also be accompanied by a motion to name the circuit clerk as trustee to receive all prospective payments of support or maintenance. If no affidavit is filed, or to the extent the affidavit fails to state all unpaid installments, the liens created by this section shall not attach to real estate for the installments not attested. The lien shall state the name, last known address of the obligor, the obligor's social security number, the obligor's date of birth if known and the amount of support or maintenance due and unpaid.

     4. If a circuit clerk has not been named as trustee to receive support or maintenance payments, upon the filing of a lien request accompanied by an arrearage affidavit and motion to name the circuit clerk as trustee, the court shall enter an order naming the circuit clerk as trustee to receive the support or maintenance payments. A certified copy of the order together with a copy of the arrearage affidavit shall be mailed by the circuit clerk to the last known address of the obligor, as disclosed by the arrearage affidavit. If the obligor objects to or disagrees with the statement of arrearages contained in the affidavit, the obligor shall request a hearing thereon within thirty days of the date the order and affidavit were mailed to him. If no hearing is requested, the affidavit shall be conclusive for all purposes. An order entered after hearing shall have the same force and effect as a final judgment and shall be appealable in like manner.

     5. The person entitled to receive payments under the judgment or order, the division or IV-D agency may execute a partial or total release of the liens created by this section, either generally or as to specific property.

     6. To the extent the circuit clerk's record of payments shows an installment paid, no lien shall attach to real estate for that installment. The circuit clerk's record shall be presumptive of payment or nonpayment of that installment. The liens created hereunder attach from the date of each unpaid installment or the date of the lien request, whichever is later. Upon the filing of a lien request, a lien attaches to real estate at any time a support or maintenance installment becomes due and is unpaid during the period in which the judgment is subject to execution thereon.

     7. In the event the person against whom a judgment or order for child support or maintenance payment in installments is in arrears in such installments, any payments which exceed the amount of the installment due for the period in which the payment is made shall be applied to past due and unpaid installments in the order in which the installments came due.

     454.516. 1. The director or IV-D agency may cause a lien pursuant to subsection 2 of this section or the obligee may cause a lien pursuant to subsection 9 of this section for unpaid and delinquent child support to be placed upon motor vehicles, motor boats, outboard motors, manufactured homes and trailers that are registered in the name of a delinquent child support obligor, if the title to the property is held by a lienholder.

     2. The director or IV-D agency shall notify the department of revenue with the required information necessary to impose a lien under this section by filing a notice of lien, and the department of revenue shall notify the lienholder of the existence of such lien.

     3. The department of revenue shall not register the lien unless:

     (1) The director of revenue or his designee determines that 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 [obligors] obligor's total support obligation is eliminated, the director shall notify the department of revenue that the lien shall be removed.

     5. Upon notification by the director that a lien exists pursuant to this section, the department of revenue shall send a sticker of impaired title in an envelope which says prominently "important legal document" to the lienholder. Such sticker shall contain the type and model of the property, the serial number of the property and the identification number of the obligor.

     6. Upon notification by the director or IV-D agency that the lien shall be removed pursuant to subsection 4 of this section, the department of revenue shall send a void sticker to the lienholder. Such sticker shall contain the type and model of the property, the serial number of the property and the identification number of the obligor.

     7. When a lienholder has received notice of a lien created by the division or IV-D agency under this section and the obligor thereafter satisfies the debt to that lienholder, the lienholder shall mail to the division or IV-D agency the certificate of ownership on the motor vehicle, motor boat, outboard motor, manufactured home or trailer. The division or IV-D agency may hold the certificate of ownership until the child support obligation is satisfied, or levy and execute on the motor vehicle, motor boat, outboard motor, manufactured home or trailer and sell same, at public sale, in order to satisfy the debt.

     8. A good faith purchaser for value without notice of the lien or a lender without notice of the lien takes free of the lien.

     9. In cases which are not IV-D cases, [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or his 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.

     454.517. 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 workers' compensation benefits payable to an 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 director of the division of workers' compensation. 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 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 of workers' compensation benefits to such obligor or to his attorneys, heirs or legal representative, 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, RSMo, to the state [of Missouri] 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 benefit payment.

     5. Upon the filing of a notice under this section, the director of the division of workers' compensation shall mail to the obligor and to all attorneys and insurance carriers of record, a copy of the notice. The obligor, attorneys and insurance carriers shall be deemed 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. In cases which are not IV-D cases, [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or his 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.

     454.518. 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, RSMo, to the state [of Missouri] 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 under 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, [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or his 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.

     454.519. 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 demands or rights of action for negligence or personal injury which any obligor delinquent in child or spousal support payments may have.

     2. No such lien shall be effective unless and until a written notice is mailed by certified mail, return receipt requested, to the alleged tort-feasor or his attorney of record, if any. 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. The notice shall also instruct the tort-feasor to mail a copy of the notice of lien to his insurance carrier, if any.

     3. Notice of this lien shall not be mailed 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 demand or right of action, after receipt by the tort-feasor of the notice of lien, shall be liable to the obligee or, if support has been assigned pursuant to subsection 2 of section 208.040, RSMo, to the state [of Missouri] 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. In cases which are not IV-D cases [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or his 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.

     454.530. 1. On or before October 1, 1999, the state shall establish and operate a "disbursement unit" for the collection and disbursement of payments under support orders for:

     (1) All cases being enforced under section 454.400; and

     (2) Any other case including, but not limited to, cases in which a support order is initially issued on or after January 1, 1994.

     2. In order to determine which disbursement unit organizational structure will best meet the needs of the state and comply with the criteria set forth in section 312 of Public Law 104-193, the director of the department of social services shall appoint a disbursement unit committee. The committee shall determine whether a centralized disbursement unit operated directly by the state or one operated by a contractor responsible to the state would be most efficient and cost effective. The committee shall also consider whether a state disbursement unit may be established by linking local disbursement units through an automated information network without costing more, or taking more time to establish or operate than a centralized system. The committee shall submit a final recommendation to the department director no later than December 31, 1997.

     3. Members of the disbursement unit committee shall serve without additional compensation, but may be reimbursed for all actual and necessary expenses in the performance of official duties for the committee.

     4. The disbursement unit shall distribute all child support received from an employer or other source of periodic income within two business days after receipt, if sufficient information identifying the payee is provided. As used in this subsection, "business day" means a day state government offices are open for legal business. Distribution of collections toward arrearages will be delayed until the resolution of any timely appeal with respect to the arrearage or upon order of a court.

     454.603. 1. At any state of a proceeding in which the circuit court or the division has jurisdiction to establish or modify an order for child support, including but not limited to actions brought pursuant to this chapter, chapters 210, 211, and 452, RSMo, the court or the division shall determine whether to require a parent to provide medical care for the child through a health benefit plan.

     2. With or without the agreement of the parents, the court or the division may require that a child be covered under a health benefit plan. Such a requirement shall be imposed whenever a health benefit plan is available at reasonable cost through a parent's employer or union or in any IV-D case. If such a plan is not available at reasonable cost through an employer or union and the case is not a IV-D case, the court [or the division], in determining whether to require a parent to provide such coverage, shall consider:

     (1) The best interests of the child;

     (2) The child's present and anticipated needs for medical care;

     (3) The financial ability of the parents to afford the cost of a health benefit plan; and

     (4) The extent to which the cost of the health benefit plan is subsidized or reduced by participation on a group basis or otherwise.

     3. To the extent that such options are available under the terms of the health benefit plan, an order may specify required terms of the health benefit plan, including:

     (1) Minimum required policy limits;

     (2) Minimum required coverage;

     (3) Maximum terms for deductibles or required copayments; or

     (4) Other significant terms, including but not limited to any provision required for a health benefit plan under the Employee Retirement Income Security Act of 1974, as amended.

     4. If the child is not covered by a health benefit plan but such a plan is available to one of the parents, the court or the division shall order that coverage under the health benefit plan be provided for the child unless there is available to the other parent a health benefit plan with comparable or better benefits at comparable or reduced cost. If health benefit plans are available to both parents upon terms which provide comparable benefits and costs, the court or the division shall determine which health benefit plan, if any, shall be required, giving due regard to the possible advantages of each plan.

     5. The court shall require the obligor to be liable for all or a portion of the medical or dental expenses of the minor child that are not covered by the required health benefit plan coverage if:

     (1) The court finds that the health benefit plan coverage required to be obtained by the obligor or available to the obligee does not pay all the reasonable and necessary medical or dental expenses of the minor child; and

     (2) The court finds that the obligor has the financial resources to contribute to the payment of these medical or dental expenses; and

     (3) The court finds the obligee has substantially complied with the terms of the health benefit coverage.

     6. The cost of health benefit plan employee contributions or premiums shall not be a direct offset to child support awards established pursuant to this chapter, chapters 210, 211, and 452, RSMo, but it shall be considered when determining the amount of child support to be paid by the obligor.

     7. If two or more health benefit plans are available to one or both parents that are complementary to one another or are compatible as primary and secondary coverage for the child, the court or the division may order each parent to maintain one or more health benefit plans for the child.

     8. Prior to terminating enrollment in a health benefit plan or changing from one health benefit plan to another, consideration by the court or division shall be given to the child's medical condition and best interests and whether there is reason to believe that a new health benefit plan would omit or limit benefits because of a preexisting condition.

     9. An abatement of a parent's child support obligation shall not automatically abate that parent's duty to provide for the child's health care needs. Unless an order of the court or the division specifically provides for abatement or termination of health care coverage, an order to maintain health benefits or otherwise provide for a child's health care needs shall continue in force until further order of the court or the division, or until the child's right to parental support terminates.

     454.808. [1. The division of child support enforcement shall submit such advance planning documents and other information as requested by the federal Office of Child Support Enforcement relating to the project by October 1, 1991.

     2.] The system shall be installed in accordance with federal statutes and regulations by October 1, [1995] 1997 for all requirements mandated under federal law up to and including the Family Support Act of 1988, as amended. It shall be in accordance with requirements of the Personal Responsibility and Work Opportunity Reconciliation Act, as amended by October 1, 2000, unless extended under federal law.

[ARTICLE 1. GENERAL PROVISIONS]

     454.850. In sections 454.850 to [454.980] 454.997:

     (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

     (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

     (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

     (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

     (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

     (6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as [provided] defined by section 452.350, RSMo, or 454.505, to withhold support from the income of the obligor.

     (7) "Initiating state" means a state [in] from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under the provisions of sections 454.850 to [454.980] 454.997 or a law or procedure substantially similar to sections 454.850 to [454.980] 454.997, or under a law or procedure substantially similar to the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act [is filed for forwarding to a responding state].

     (8) "Initiating tribunal" means the authorized tribunal in an initiating state.

     (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

     (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

     (11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

     (12) "Obligee" means:

     (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

     (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

     (iii) an individual seeking a judgment determining parentage of the individual's child.

     (13) "Obligor" means an individual, or the estate of a decedent:

     (i) who owes or is alleged to owe a duty of support;

     (ii) who is alleged but has not been adjudicated to be a parent of a child; or

     (iii) who is liable under a support order.

     (14) "Register" means to record or file a support order or judgment determining parentage in the [court] tribunal having jurisdiction in such action.

     (15) "Registering tribunal" means a tribunal in which a support order is registered.

     (16) "Responding state" means a state [to] in which a proceeding is filed or to which a proceeding is forwarded [pursuant to] for filing from an initiating state under the provisions of sections 454.850 to [454.980] 454.997 or a law substantially similar to sections 454.850 to [454.980] 454.997, or under a law or procedure substantially similar to the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act.

     (17) "Responding tribunal" means the authorized tribunal in a responding state.

     (18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

     (19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes:

     (i) an Indian tribe; and [includes]

     (ii) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under sections 454.850 to [454.980] 454.997 or the procedures under the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act.

     (20) "Support enforcement agency" means a public official or agency authorized to seek:

     (i) enforcement of support orders or laws relating to the duty of support;

     (ii) establishment or modification of child support;

     (iii) determination of parentage; or

     (iv) to locate obligors or their assets.

     (21) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

     (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

     454.855. Remedies provided by sections 454.850 to [454.980] 454.997 are cumulative and do not affect the availability of remedies under other law.

[ARTICLE 2. JURISDICTION

PART A. EXTENDED PERSONAL JURISDICTION]

     454.860. A tribunal of this state exercising personal jurisdiction over a nonresident under section 454.857 may apply section 454.917 to receive evidence from another state, and section 454.922 to obtain discovery through a tribunal of another state. In all other respects, [Articles 3 through 7] sections 454.880 to 454.983 do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by sections 454.850 to [454.980] 454.997.

[PART B. PROCEEDINGS INVOLVING TWO OR MORE STATES]

     454.862. Under sections 454.850 to [454.980] 454.997, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.

     454.867. (a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order:

     (1) as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

     (2) until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

     (b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to [454.980] 454.997.

     (c) If a child support order of this state is modified by a tribunal of another state pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to [454.980] 454.997, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

     (1) enforce the order that was modified as to amounts accruing before the modification;

     (2) enforce nonmodifiable aspects of that order; and

     (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

     (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to [454.980] 454.997.

     (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

     (f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

     454.869. (a) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

     (b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 454.917 to receive evidence from another state and section 454.922 to obtain discovery through a tribunal of another state.

     (c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.

[PART C. RECONCILIATION WITH ORDERS OF OTHER STATES]

     454.871. (a) If a proceeding is brought under sections 454.850 to [454.980] 454.997, and [one or more] only one tribunal has issued a child support order, the order of that tribunal is controlling and must be recognized.

     (b) If a proceeding is brought under sections 454.850 to 454.997, and two or more child support orders have been issued [in] by tribunals of this state or another state with regard to [an] the same obligor and [a] child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

     (1) If only one [tribunal has issued a child support order] of the tribunals would have continuing, exclusive jurisdiction under sections 454.850 to 454.997, the order of that tribunal is controlling and must be recognized.

     (2) [If two or more tribunals have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under sections 454.850 to 454.980, the order of that tribunal must be recognized.

     (3)] If [two or more] more than one of the tribunals [have issued child support orders for the same obligor and child, and more than one of the tribunals] would have continuing, exclusive jurisdiction under sections 454.850 to [454.980] 454.997, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued is controlling and must be recognized.

     (3) If none of the tribunals would have continuing, exclusive jurisdiction under sections 454.850 to 454.997, the tribunal of this state having jurisdiction over the parties must issue a child support order, which is controlling and must be recognized.

     [(4)] (c) If two or more [tribunals have issued] child support orders have been issued for the same obligor and child[,] and [none of the tribunals would have continuing, exclusive jurisdiction under sections 454.850 to 454.980, the tribunal of this state may issue a child support order, which must be recognized.

     (b) The tribunal that has issued an order recognized under subsection (a) of this section is the tribunal having continuing, exclusive jurisdiction.] if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be recognized under subsection (b) of this section. The request must be accompanied by a certified copy of every support order in effect. Every party whose rights may be affected by a determination of the controlling order must be given notice of the request for that determination.

     (d) The tribunal that issued the order that must be recognized as controlling under subsection (a), (b) or (c) of this section is the tribunal that has continuing, exclusive jurisdiction in accordance with section 454.867.

     (e) A tribunal of this state which determines by order the identity of the controlling child support order under subsection (b)(1) or (b)(2) of this section or which issues a new controlling child support order under subsection (b)(3) shall include in that order the basis upon which the tribunal made its determination.

     (f) Within thirty days after issuance of the order determining the identity of the controlling order, the party obtaining that order shall file a certified copy of it with each tribunal that had issued or registered an earlier order of child support. Failure of the party obtaining the order to file a certified copy as required subjects that party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling order.

     454.877. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.

[ARTICLE 3. CIVIL PROVISIONS OF GENERAL APPLICATION]

     454.880. (a) Except as otherwise provided in sections 454.850 to [454.980] 454.997, this article applies to all proceedings under sections 454.850 to [454.980] 454.997.

     (b) Sections 454.850 to [454.980] 454.997, provide for the following proceedings:

     (1) establishment of an order for spousal support or child support pursuant to [Article 4] section 454.930;

     (2) enforcement of a support order and income withholding order of another state without registration pursuant to [Article 5] sections 454.932 to 454.946;

     (3) registration of an order for spousal support or child support of another state for enforcement pursuant to [Article 6] sections 454.948 to 454.981;

     (4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to [Article 2, Part B] sections 454.862 to 454.869;

     (5) registration of an order for child support of another state for modification pursuant to [Article 6] sections 454.948 to 454.981;

     (6) determination of parentage pursuant to [Article 7] section 454.983; and

     (7) assertion of jurisdiction over nonresidents pursuant to [Article 2, Part A] sections 454.857 to 454.860.

     (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under sections 454.850 to [454.980] 454.997, by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

     454.882. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. [As used in sections 454.850 to 454.980, the term "minor" means a person less than eighteen years of age.]

     454.885. Except as otherwise provided by sections 454.850 to [454.980] 454.997, a responding tribunal of this state:

     (1) shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

     (2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

     454.887. (a) Upon the filing of a petition authorized by sections 454.850 to [454.980] 454.997, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

     (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

     (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

     (b) If a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to the Uniform Interstate Family Support Act, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

     454.890. (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of section [454.880(c)] 454.880, it shall cause the petition or pleading to be filed and notify the petitioner [by first class mail] where and when it was filed.

     (b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

     (1) issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;

     (2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

     (3) order income withholding;

     (4) determine the amount of any arrearages, and specify a method of payment;

     (5) enforce orders by civil or criminal contempt, or both;

     (6) set aside property for satisfaction of the support order;

     (7) place liens and order execution on the obligor's property;

     (8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;

     (9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

     (10) order the obligor to seek appropriate employment by specified methods;

     (11) award reasonable attorney's fees and other fees and costs; and

     (12) grant any other available remedy.

     (c) A responding tribunal of this state shall include a support order issued under sections 454.850 to [454.980] 454.997, or in the documents accompanying the order, the calculations on which the support order is based.

     (d) A responding tribunal of this state may not condition the payment of a support order issued under sections 454.850 to [454.980] 454.997, upon compliance by a party with provisions for visitation.

     (e) If a responding tribunal of this state issues an order under sections 454.850 to [454.980] 454.997, the tribunal shall send a copy of the order [by first class mail] to the petitioner and the respondent and to the initiating tribunal, if any.

     454.895. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under sections 454.850 to [454.980] 454.997.

     (b) A support enforcement agency that is providing services to the petitioner as appropriate shall:

     (1) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

     (2) request an appropriate tribunal to set a date, time, and place for a hearing;

     (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

     (4) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice [by first class mail] to the petitioner;

     (5) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication [by first class mail] to the petitioner; and

     (6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

     (c) Sections 454.850 to [454.980] 454.997, do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

     454.897. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under sections 454.850 to [454.980] 454.997 or may provide those services directly to the individual.

     454.900. An individual may employ private counsel to represent the individual in proceedings authorized by sections 454.850 to [454.980] 454.997.

     454.902. (a) The division of child support enforcement is the state information agency under sections 454.850 to [454.980] 454.997.

     (b) The state information agency shall:

     (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under sections 454.850 to [454.980] 454.997, and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

     (2) maintain a register of tribunals and support enforcement agencies received from other states;

     (3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under sections 454.850 to [454.980] 454.997, received from an initiating tribunal or the state information agency of the initiating state; and

     (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

     454.905. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under sections 454.850 to [454.980] 454.997, must verify the petition. Unless otherwise ordered under section 454.907, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

     (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

     454.907. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under sections 454.850 to [454.980] 454.997.

     454.910. (a) The petitioner may not be required to pay a filing fee or other costs.

     (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

     (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under [Article 6, Enforcement and Modification of Support Order After Registration] sections 454.948 to 454.981, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

     454.912. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

     (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under sections 454.850 to [454.980] 454.997.

     (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under sections 454.850 to [454.980] 454.997, committed by a party while present in this state to participate in the proceeding.

     454.915. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under sections 454.850 to [454.980] 454.997.

     454.917. (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.

     (b) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.

     (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

     (d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

     (e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

     (f) In a proceeding under sections 454.850 to [454.980] 454.997, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

     (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

     (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under sections 454.850 to [454.980] 454.997.

     (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under sections 454.850 to [454.980] 454.997.

     454.927. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

[ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER]

     454.930. (a) If a support order entitled to recognition under sections 454.850 to [454.980] 454.997, has not been issued, a responding tribunal of this state may issue a support order if:

     (1) the individual seeking the order resides in another state; or

     (2) the support enforcement agency seeking the order is located in another state.

     (b) The tribunal may issue a temporary child support order if:

     (1) the respondent has signed a verified statement acknowledging parentage;

     (2) the respondent has been determined by or pursuant to law to be the parent; or

     (3) there is other clear and convincing evidence that the respondent is the child's parent.

     (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 454.890.

[ARTICLE 5. DIRECT ENFORCEMENT OF ORDER

OF ANOTHER STATE WITHOUT REGISTRATION]

     454.932. [(a)] An income-withholding order issued in another state may be sent [by first class mail] to the person or entity defined as the obligor's employer under section 452.350, RSMo, or section 454.505 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. [Upon receipt of the order, the employer shall:

     (1) treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state;

     (2) immediately provide a copy of the order to the obligor; and

     (3) distribute the funds as directed in the withholding order.

     (b) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. Section 454.945 applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:

     (1) the person or agency designated to receive payments in the income-withholding order; or

     (2) if no person or agency is designated, the obligee.]

     454.934. (a) Upon receipt of the order, the obligor's employer shall immediately provide a copy of the order to the obligor.

     (b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

     (c) Except as provided in subsection (d) of this section and section 454.936, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order, as applicable, that specify:

     (1) the duration and the amount of periodic payments of current child support, stated as a sum certain;

     (2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;

     (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

     (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

     (5) the amount of periodic payments of arrears and interest on arrears, stated as sums certain.

     (d) The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

     (1) the employer's fee for processing an income withholding order;

     (2) the maximum amount permitted to be withheld from the obligor's income;

     (3) the time periods within which the employer must implement the withholding order and forward the child support payment.

          [454.935. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

          (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to sections 454.850 to 454.980.

     ARTICLE 6. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION PART A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER]

     454.936. If the obligor's employer receives multiple orders to withhold support from the earnings of the same obligor, the employer shall be deemed to have satisfied the terms of the multiple orders if the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees is complied with.

          [454.937. A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.]

     454.938. An employer who complies with an income withholding order issued in another state in accordance with sections 454.932 to 454.946, is not subject to civil liability to any individual or agency with regard to the employer's withholding child support from the obligor's income.

          [454.940. (a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state:

          (1) a letter of transmittal to the tribunal requesting registration and enforcement;

          (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;

          (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

          (4) the name of the obligor and, if known:

          (i) the obligor's address and social security number;

          (ii) the name and address of the obligor's employer and any other source of income of the obligor; and

          (iii) a description and the location of property of the obligor in this state not exempt from execution; and

          (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

          (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

          (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.]

     454.941. An employer who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

          [454.942. (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

          (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

          (c) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.]

     454.943. (a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 454.961 applies to the contest.

     (b) The obligor shall give notice of the contest to:

     (1) a support enforcement agency providing services to the obligee;

     (2) each employer which has directly received an income withholding order; and

     (3) the person or agency designated to receive payments in the income withholding order, or if no person or agency is designated, to the obligee.

          [454.945. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

          (b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.

      PART B. CONTEST OF VALIDITY OR ENFORCEMENT]

     454.946. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

     (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to sections 454.850 to 454.997.

          [454.947. (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first class, certified, or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

          (b) The notice must inform the nonregistering party:

          (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

          (2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice;

          (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

          (4) of the amount of any alleged arrearages.

          (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to section 452.350, RSMo, or section 454.505.]

     454.948. A support order or an income withholding order issued by a tribunal of another state may be registered in this state for enforcement.

          [454.950. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 454.952.

          (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

          (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time, and place of the hearing.]

     454.951. (a) A support order or income withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state:

     (1) a letter of transmittal to the tribunal requesting registration and enforcement;

     (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;

     (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

     (4) the name of the obligor and, if known:

     (i) the obligor's address and social security number;

     (ii) the name and address of the obligor's employer and any other source of income of the obligor; and

     (iii) a description and the location of property of the obligor in this state not exempt from execution; and

     (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

     (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

     (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other laws of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

          [454.952. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

          (1) the issuing tribunal lacked personal jurisdiction over the contesting party;

          (2) the order was obtained by fraud;

          (3) the order has been vacated, suspended, or modified by a later order;

          (4) the issuing tribunal has stayed the order pending appeal;

          (5) there is a defense under the law of this state to the remedy sought;

          (6) full or partial payment has been made; or

          (7) the statute of limitation under section 454.945 precludes enforcement of some or all of the arrearages.

          (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

          (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.]

     454.953. (a) A support order or income withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

     (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

     (c) Except as otherwise provided in sections 454.948 to 454.981, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

           [454.955. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

      PART C. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER]

     454.956. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

     (b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.

           [454.957. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Part A of this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.]

     454.958. (a) When a support order or income withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

     (b) The notice must inform the nonregistering party:

     (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

     (2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after the date of mailing or personal service of the notice;

     (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

     (4) of the amount of any alleged arrearages.

     (c) Upon registration of an income withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to section 452.350, RSMo, or section 454.505.

          [454.960. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 454.962 have been met.]

     454.961. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 454.963.

     (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

     (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

          [454.962. (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that:

          (1) the following requirements are met:

          (i) the child, the individual obligee, and the obligor do not reside in the issuing state;

          (ii) a petitioner who is a nonresident of this state seeks modification; and

          (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

          (2) an individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order.

          (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

          (c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state.

          (d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

          (e) Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.]

     454.963. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

     (1) the issuing tribunal lacked personal jurisdiction over the contesting party;

     (2) the order was obtained by fraud;

     (3) the order has been vacated, suspended, or modified by a later order;

     (4) the issuing tribunal has stayed the order pending appeal;

     (5) there is a defense under the law of this state to the remedy sought;

     (6) full or partial payment has been made; or

     (7) the statute of limitation under section 454.956 precludes enforcement of some or all of the arrearages.

     (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

     (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

          [454.965. A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to sections 454.850 to 454.980 and, upon request, except as otherwise provided in sections 454.850 to 454.980, shall:

          (1) enforce the order that was modified only as to amounts accruing before the modification;

          (2) enforce only nonmodifiable aspects of that order;

          (3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

          (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

      ARTICLE 7. DETERMINATION OF PARENTAGE]

     454.966. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

          [454.967. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under sections 454.850 to 454.980 or a law substantially similar to sections 454.850 to 454.980, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

          (b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.

      ARTICLE 8. INTERSTATE RENDITION]

     454.968. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 454.948 to 454.956 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

          [454.970. (a) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by sections 454.850 to 454.980.

          (b) The governor of this state may:

          (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

          (2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

          (c) A provision for extradition of individuals not inconsistent with sections 454.850 to 454.980 applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.]

     454.971. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 454.973 have been met.

          [454.972. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to sections 454.850 to 454.980 or that the proceeding would be of no avail.

          (b) If, under sections 454.850 to 454.980 or a law substantially similar to sections 454.850 to 454.980, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

          (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

      ARTICLE 9. MISCELLANEOUS PROVISIONS]

     454.973. (a) After a child support order issued in another state has been registered in this state, unless the provisions of section 454.978 apply, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that:

     (1) the following requirements are met:

     (i) the child, the individual obligee, and the obligor do not reside in the issuing state;

     (ii) a petitioner who is a nonresident of this state seeks modification; and

     (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

     (2) an individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction which has not enacted the Uniform Interstate Family Support Act, as amended, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

     (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

     (c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that is controlling and must be recognized under the provisions of section 454.871 establishes the nonmodifiable aspects of the support order.

     (d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

          [454.975. Sections 454.850 to 454.980 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of sections 454.850 to 454.980 among states enacting it.]

     454.976. A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to 454.997 and, upon request, except as otherwise provided in sections 454.850 to 454.997, shall:

     (1) enforce the order that was modified only as to amounts accruing before the modification;

     (2) enforce only nonmodifiable aspects of that order;

     (3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

     (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

           [454.977. Sections 454.850 to 454.980 may be cited as the "Uniform Interstate Family Support Act".]

     454.978. (a) If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

     (b) A tribunal of this state exercising jurisdiction as provided in this section shall apply the provisions of sections 454.850 to 454.877 and sections 454.948 to 454.981 to the enforcement or modification proceeding. Sections 454.880 to 454.946 and sections 454.983 to 454.989 do not apply and the tribunal shall apply the procedural and substantive law of this state.

          [454.979. If any provision of sections 454.850 to 454.980 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 454.850 to 454.980 which can be given effect without the invalid provision or application, and to this end the provisions of 454.850 to 454.980 are severable.]

          [454.980. The provisions of sections 454.850 to 454.980 shall become effective on January 1, 1997. In all cases filed by Missouri or received by Missouri under the provisions of the uniform reciprocal enforcement of support act, sections 454.010 to 454.360, prior to January 1, 1997, the provisions of the uniform reciprocal enforcement of support act, sections 454.010 to 454.360, shall continue to apply. In all other cases, the provisions of the uniform interstate family support act, sections 454.850 to 454.980, shall apply.]

     454.981. Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered. Failure of the party obtaining the order to file a certified copy as required subjects that party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the modified order of the new tribunal of continuing, exclusive jurisdiction.

     454.983. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under sections 454.850 to 454.997 or a law or procedure substantially similar to sections 454.850 to 454.997, or a law or procedure substantially similar to the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

     (b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.

     454.986. (a) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by sections 454.850 to 454.997.

     (b) The governor of this state may:

     (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

     (2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

     (c) A provision for extradition of individuals not inconsistent with sections 454.850 to 454.997, applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

     454.989. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to sections 454.850 to 454.997 or that the proceeding would be of no avail.

     (b) If, under sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to 454.997, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

     (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

     454.991. Sections 454.850 to 454.997 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of sections 454.850 to 454.997 among states enacting it.

     454.993. Sections 454.850 to 454.997 may be cited as the "Uniform Interstate Family Support Act".

     454.995. If any provision of sections 454.850 to 454.997 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of sections 454.850 to 454.997, which can be given effect without the invalid provision or application, and to this end the provisions of 454.850 to 454.997 are severable.

     454.997. The provisions of sections 454.850 to 454.997 shall become effective July 1, 1997, or upon its passage and approval, whichever later occurs.

     454.1000. As used in sections 454.1000 to 454.1025, the following terms mean:

     (1) "Arrearage", the amount created by a failure to provide:

     (a) Support to a child pursuant to an administrative or judicial support order; or

     (b) Support to a spouse if the judgment or order requiring payment of spousal support also requires payment of child support and such spouse is the custodial parent;

     (2) "Child", a person for whom child support is due pursuant to a support order;

     (3) "Court", any circuit court of the state that enters a support order or a circuit court in which such order is registered or filed;

     (4) "Director", the director of the division of child support enforcement;

     (5) "Division", the division of child support enforcement of the department of social services;

     (6) "IV-D case", a case in which support rights are assigned to the state pursuant to section 208.040, RSMo, or the division is providing support enforcement services pursuant to section 454.425, RSMo;

     (7) "License", a license, certificate, registration or authorization issued by a licensing authority granting a person a right or privilege to engage in a business, occupation, profession, recreation or other related privilege that is subject to suspension, revocation, forfeiture or termination by the licensing authority prior to its date of expiration, except for any license issued by the department of conservation. Licenses include licenses to operate motor vehicles pursuant to chapter 302, RSMo, but shall not include motor vehicle registrations pursuant to chapter 301, RSMo;

     (8) "Licensing authority", any department, except for the department of conservation, division, board, agency or instrumentality of this state or any political subdivision thereof that issues a license. Any board or commission assigned to the division of professional registration is included in the definition of licensing authority;

     (9) "Obligee":

     (a) A person to whom payments are required to be made pursuant to a support order; or

     (b) A public agency of this or any other state which has the right to receive current or accrued support payments or provides support enforcement services pursuant to chapter 454, RSMo;

     (10) "Obligor", a person who owes a duty of support;

     (11) "Order suspending a license", an order issued by a court or the director to suspend a license. The order shall contain the name of the obligor, date of birth of the obligor, the type of license suspended and the social security number of the obligor;

     (12) "Payment plan" includes, but is not limited to, a written plan approved by the court or division that incorporates an income withholding pursuant to sections 452.350 and 454.505, RSMo, or a similar plan for periodic payment of an arrearage, and current and future support, if applicable;

     (13) "Support order", an order providing a determinable amount for temporary or final periodic payment of support. Such order may include payment of a determinable amount of insurance, medical or other expenses of the child issued by:

     (a) A court of this state;

     (b) A court or administrative agency of competent jurisdiction of another state, an Indian tribe, or a foreign country; or

     (c) The director of the division.

     454.1003. 1. A court may issue an order suspending an obligor's license and ordering the obligor to refrain from engaging in a licensed activity in the following cases:

     (1) When the obligor owes an arrearage in an amount greater than or equal to three months support payments or one thousand dollars, whichever is less, as of the date of service of a notice of intent to suspend such license if the court finds that the obligor is in violation of a valid support order and that the obligor has the means and ability to pay; or

     (2) When the obligor or any other person, after receiving appropriate notice, fails, without good cause, to comply with a subpoena of a court or the director concerning actions relating to the establishment of paternity, or to the establishment, modification or enforcement of support orders, or order of the director for genetic testing.

     2. In any case but a IV-D case, upon the petition of an obligee alleging the existence of an arrearage, a court with jurisdiction over the support order may issue a notice of intent to suspend a license. In a IV-D case, the director, or a court at the request of the director, may issue a notice of intent to suspend.

     3. The notice of intent to suspend a license shall be served on the obligor personally or by certified mail. The notice shall state that the obligor's license shall be suspended sixty days after service unless, within such time, the obligor:

     (1) Pays the entire arrearage stated in the notice;

     (2) Enters into and complies with a payment plan approved by the court or the division; or

     (3) Requests a hearing before the court or the director.

     4. In a IV-D case, the notice shall advise the obligor that hearings are subject to the contested case provisions of chapter 536, RSMo.

     5. If the proposed suspension of license is based on the obligor's alleged failure to comply with a subpoena relating to paternity or a child support proceeding, or order of the director for genetic testing, the notice of intent to suspend shall inform the obligor that the obligor's license shall be suspended sixty days after service unless the obligor complies with the subpoena order.

     6. If the obligor fails to comply with the terms of repayment agreement, a court or the division may issue a notice of intent to suspend the obligor's license.

     454.1005. 1. To show cause why suspension of a license may not be appropriate, the obligor shall request a hearing from the court or division that issued the notice of intent to suspend the license. The request shall be made within sixty days of the date of service of notice.

     2. Upon timely receipt of a request for hearing from an obligor, the court or director shall schedule a hearing to determine if suspension of the obligor's license is appropriate. The court or director shall stay suspension of the license pending the outcome of the hearing.

     3. If the action involves an arrearage, the only issues that may be determined in a hearing pursuant to this section are:

     (1) The identity of the obligor;

     (2) Whether the arrearage is in an amount greater than or equal to three months of support payments or one thousand dollars, whichever is less, by the date of service of a notice of intent to suspend and that the obligor is in violation of a valid support order and that the obligor has the means and ability to pay; and

     (3) Whether the obligor has entered a payment plan.

If the action involves a failure to comply with a subpoena or order referred to in section 454.1003.1.(2), the only issues that may be determined are the identity of the obligor and whether the obligor has complied with the subpoena or order.

     4. If the court or director, after hearing, determines that the obligor has failed to comply with any of the requirements in subsection 4 of this section, the court or director shall issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity.

     5. The court or division shall send a copy of the order suspending a license to the licensing authority and the obligor by certified mail.

     6. The determination of the director, after a hearing pursuant to this section, shall be a final agency decision and shall be subject to judicial review pursuant to chapter 536, RSMo. Administrative hearings held pursuant to this section shall be conducted by hearing officers appointed by the director of the department pursuant to subsection 1 of section 454.475, RSMo.

     7. A determination made by the court or division pursuant to this section is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate or renew a license.

     454.1008. 1. Upon receipt of an order suspending a license, a licensing authority shall:

     (1) Determine if the licensing authority has issued a license to the obligor whose name appears on the order;

     (2) Enter the suspension as effective from the date of the order issued by the court or division;

     (3) Issue the notice of the suspension to the licensee; and

     (4) If required by law, demand surrender of the suspended license.

     2. An order issued by a court or the director suspending a license shall be processed by the licensing authority without any additional review or hearing by such licensing authority.

     3. Notwithstanding the provisions of any other law regarding the suspension, revocation, denial, termination or renewal of a license to the contrary, an order issued by a court or the director suspending a license shall be implemented by the licensing authority and continue until the court or division advises the licensing authority that such suspension has been stayed or terminated. The obligor may not appeal the suspension of a license pursuant to sections 454.1000 to 454.1025 pursuant to any other law, including, but not limited to, section 302.311, RSMo. The exclusive procedure for appeal is provided in sections 454.1000 to 454.1025.

     4. If a license is suspended, any funds paid by the obligor to the licensing authority for costs related to issuance, renewal or maintenance of a license shall not be refunded to the obligor.

     5. Unless acting pursuant to an order of a court or the director which stays the suspension of a license, an obligor who continues to engage in the business, occupation, profession or other licensed activity while the license is suspended pursuant to this section is guilty of a class A misdemeanor, unless a penalty is otherwise provided. The division or the licensing authority may refer the obligor to the appropriate prosecuting or circuit attorney or the attorney general for prosecution pursuant to this section in addition to any other remedy provided by law for engaging in a licensed activity without a license or while a license is suspended.

     6. The licensing authority shall be exempt from liability to the licensee for activities conducted pursuant to this section.

     7. The licensing authority shall not modify, remand, reverse, vacate or stay an order of the court or director suspending a license.

     8. If the license suspended is a driver's license, the obligor shall have no rights pursuant to section 302.311, RSMo.

     454.1010. 1. An obligor may, at any time, petition a court or the director for an order to stay the suspension of a license. Any petition seeking to stay an order of the director shall be served on the director.

     2. The court or director may consider the obligor's petition for a stay separately from any determination on the suspension of a license.

     3. The court, but not the director, may stay suspension of a license upon a showing that a suspension or continued suspension of a license would create a significant hardship to the obligor, the obligor's employees, any legal dependents residing in the obligor's household, or persons, businesses or other entities served by the obligor.

     4. The court or director may stay suspension of a license upon entry of a payment plan or receipt of adequate assurance that the obligor shall comply with an existing payment plan.

     5. A stay shall terminate if:

     (1) A court determines that the significant hardship circumstance pursuant to subsection 3 of this section has ended;

     (2) The court or division determines that the obligor has failed to abide by the terms and conditions of a payment plan; or

     (3) The order staying suspension of a license has a termination date and such date has been reached.

     6. If the licensing authority is notified of an order suspending a license, the court or division shall send a copy of any order staying or reimposing suspension of the license to the licensing authority and the obligor by certified mail.

     7. Upon receipt of an order staying or reimposing suspension of the license, the licensing authority shall:

     (1) Enter the information on appropriate records;

     (2) Issue notice of the action to the licensee; and

     (3) If required by law, demand surrender of the suspended license or return the reinstated license.

     8. No additional action by the licensing authority shall be required to implement a stay or reinstatement of suspension of a license.

     9. This section shall be the exclusive remedy for the obligor to obtain an order staying suspension of a license pursuant to sections 454.1000 to 454.1025. Any other provisions providing for the issuance of hardship licenses, including, but not limited to, those provided in section 302.309, RSMo, do not apply to suspensions pursuant to sections 454.1000 to 454.1025.

     10. No person shall be required to file proof of financial responsibility with the department of revenue as a condition of reinstatement of a driver's license suspended solely pursuant to the provisions of sections 454.1000 to 454.1025.

     11. Any person whose license to operate a motor vehicle in this state has been suspended pursuant to this section shall, before having the license reinstated, pay to the director of revenue a reinstatement fee of twenty dollars.

     454.1013. 1. If a court or the division determines that an arrearage has been paid in full, or the obligor has complied with the subpoena or order of the director, the court or division shall terminate the order suspending the license and immediately send a copy of the order terminating the suspension of the license to the licensing authority and the obligor by certified mail.

     2. Entry of an order terminating suspension of a license shall not prevent a court or the director from issuing a new order suspending the license of the same obligor in the event of another arrearage or failure to comply with another subpoena.

     454.1015. A licensing authority may charge the obligor a reasonable fee for the administrative costs incurred by such licensing authority in taking action against the obligor's license pursuant to sections 454.1000 to 454.1025.

     454.1020. 1. Upon request by the division, all state licensing authorities subject to sections 454.1000 to 454.1025 shall provide specified information, on magnetic tape or other machine readable form, to the division pursuant to the standards established by the division regarding applicants for licensure and all current licenses. Such information shall include the following, if available:

     (1) Name;

     (2) Address of record;

     (3) Date of birth;

     (4) Federal employer identification number or social security number;

     (5) Type of license;

     (6) Effective date of the license or renewal;

     (7) Expiration date of the license; and

     (8) Active or inactive status.

     2. All licensing authorities not providing the information required by subsection 1 of this section shall, upon request by the division, provide such information in any readable format for any licensee of the licensing authority.

     3. The provisions of this section shall, at no time, preclude the division from requesting the information provided by a licensing authority pursuant to section 454.440, RSMo.

     454.1023. The division of child support enforcement is hereby authorized, pursuant to a cooperative agreement with the supreme court, to develop procedures which shall permit the clerk of the supreme court to furnish the division, at least once each year, with a list of persons currently licensed to practice law in this state. If any such person has an arrearage in an amount equal to or greater than three months of support payments or one thousand dollars, the division shall notify the clerk of the supreme court that such person has an arrearage.

     454.1025. By July 1, 1998, the supreme court is requested to have in effect a rule in accordance with 42 U.S.C. section 666(a)(16) which shall permit the suspension or other sanctioning of a law license for any person who owes an arrearage in an amount equal to or greater than three months of support payments or one thousand dollars, whichever first occurs.

     454.1027. Notwithstanding any provision to the contrary contained in sections 454.1000 to 454.1025, the following procedures shall apply between the division of child support enforcement and the department of conservation regarding the suspension of hunting and fishing licenses.

     (1) The division of child support enforcement shall be responsible for making the determination whether an individual's license should be suspended based on the reasons specified in section 454.1003, after ensuring that each individual is provided due process including appropriate notice and opportunity for administrative hearing.

     (2) If the division of child support enforcement determines, after completion of all due process procedures available to an individual, that an individual's license should be suspended, the division shall notify the department of conservation. The department shall implement the determination of the division of child support enforcement by issuing an order suspending the individual's license. Such suspension shall remain in effect until the department is notified by the division that such suspension should be stayed or terminated because the individual is now in compliance with applicable child support laws.

     486.225. 1. Upon a form prepared by the secretary of state, each applicant for appointment and commission as a notary public shall swear, under penalty of perjury, that the answers to all questions on the application are true and complete to the best of [his] the applicant's knowledge and that [he] the applicant is qualified to be appointed and commissioned as a notary public. The social security number of the applicant shall be recorded on the application. The completed application form shall be filed with the secretary of state.

     2. With [his] the person's application, each applicant for appointment and commission as a notary public shall submit to the secretary of state endorsements from two registered voters of this state in substantially the following form:

I, ............... (name of endorser), a registered voter of this state and ..................... County, believe to the best of my knowledge, the applicant is a person of good moral character and integrity and capable of performing notarial acts.

.......................................................................

                     (Endorser's signature and residence address)

     3. With [his] the person's application, each applicant for appointment and commission as a notary public shall submit to the secretary of state, payable to the director of revenue, a commission fee of fifteen dollars.

     4. Each applicant for appointment and commission as a notary public shall state in [his] the application whether or not [he] the applicant has ever been convicted of or pled guilty or nolo contendere to any felony involving fraud, misrepresentation or theft, and if so, shall attach a list of such convictions or pleas of guilt or nolo contendere.

     620.145. 1. The division of professional registration shall maintain, for each board in the division, a registry of each person holding a current license, permit or certificate issued by that board. The registry shall contain the name, social security number and address of each person licensed or registered together with other relevant information as determined by the board. The registry for each board shall at all times be available to the board and copies shall be supplied to the board on request. Copies of the registry, except for the registrant's social security number, shall be available from the division or the board to any individual who pays the reasonable copying cost. Any individual may copy the registry during regular business hours. The information in the registry shall be furnished upon request to the division of support enforcement. Questions concerning the currency of license of any individual shall be answered, without charge, by the appropriate board. Each year each board may publish, or cause to be published, a directory containing the name and address of each person licensed or registered for the current year together with any other information the board deems necessary. Any expense incurred by the state relating to such publication shall be charged to the board. An official copy of any such publication shall be filed with the director of the department of economic development.

     2. Notwithstanding any provision of law to the contrary, each board shall require each person applying for a license, permit or certificate, or a renewal of a license, permit or certificate to furnish the board with the applicant's social security number.

     Section 1. Notwithstanding any provision of law to the contrary, every application for a license, certificate or permit, or renewal of a license certificate or permit issued in this state shall contain the social security number of the applicant.

     Section 2. Notwithstanding any provision of law to the contrary, every judgment or order issued in this state which, in whole or in part, effects child custody, child support, visitation, modification of custody, support or visitation, or is issued pursuant to section 454.470 or 454.475, RSMo, shall contain the social security number of the parties to the action which gives rise to such judgment or order.

     Section 3. The provisions of sections 454.1000 to 454.1027 shall only apply to those child support arrearages accrued after the effective date of this act.      

     Section 4. 1. Notwithstanding the provisions of subsection 1 of section 452.455, RSMo, or subsection 6 of section 452.370, RSMo, to the contrary, the court with jurisdiction may decline to exercise jurisdiction in any modification proceeding if such court finds that exercise of its jurisdiction would be clearly inconvenient to either party to the proceeding. The court shall consider the following factors in determining whether exercise of its jurisdiction would be clearly inconvenient:

     (1) Place of residence of the parties;

     (2) Location of witnesses; and

     (3) The availability to either party of another, more convenient court with jurisdiction.

     2. A finding that a court is a clearly inconvenient forum pursuant to subsection 1 of this section may be made upon the court's own motion or upon the motion of either party to the proceeding.

     3. If the court finds that it is an inconvenient forum and that a court of another county is a more appropriate forum, it shall order a change of venue to the more appropriate forum and state the reasons for the change of venue. The clerk shall transmit the original papers, together with a transcript of all docket entries, to the clerk of the court to which the removal is ordered or the court may order the clerk to prepare a full transcript of the record and proceedings in the case, and transmit the same, duly certified, together with all the original papers in the civil action but not forming part of the record, to the clerk of the court to which the removal is ordered.     

     Section B. Because immediate action is necessary to comply with federal mandates this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon July 1, 1997 or its passage and approval, whichever later occurs.