Rule 68 - Dissolution of Marriage
Rule 68.9 - Income Withholding
1. This paragraph applies to child support or maintenance orders which require income withholding to be initiated on the effective date of the order. In such cases, the Department of Civil Records will send a Notice to Withhold Income to the employer or other payor, without application of any party, when the following conditions are met:
(a) Circuit Court Form 1418, entitled "Notice to Withhold Income," shall be prepared by the person entitled to support under the order, and filed with the Department of Civil Records, and
(b) In any action in which the Court enters an order that maintenance or support be made to the Court Administrator as trustee, Circuit Court Form 1408 must be completed, as required by Circuit Court Rule 100.5.1.1, or
(c) In IV-D cases, written notice is given to the Department of Civil Records by Circuit Court Form 1408 or letter directed to the Supervisor of the Domestic Relations Financial Section, Department of Civil Records, of the following: (1) Jackson County Circuit Court case number, (2) identification of case as IV-D case, (3) name and address of obligor's employer, (4) amount of arrearage due, and (5) date order entered or modified.
2. This paragraph applies to orders entered or modified in IV-D cases and to orders for child support or maintenance entered or modified by the Court on or after January 1, 1994, in which the income of the obligor is not to be withheld as of the effective date of the support order. In such cases, on the date the obligor becomes delinquent in maintenance or child support payments in an amount equal to one month's total support obligation, such obligor's income becomes subject to withholding without further exception. Upon application by the obligee or the division of child support enforcement on Circuit Court Form 1469, the Department of Civil Records will mail a Notice to Withhold Income to the obligor's employer listed on the application.
3. This paragraph applies to orders for child support or maintenance entered or modified by the Court prior to December 31, 1993 and to orders entered or modified in IV-D cases prior to November 1, 1990. In such cases, upon application by the obligee on Circuit Court Form 1469, the Department of Civil Records will mail a Notice to Withhold Income to the obligor's employer if the provisions required under prior section 452.350 R.S.Mo. 1986 are included in the decree or order. If the provisions required under prior section 452.350 R.S.Mo. 1986 are not included in the decree or order, the following conditions must first be met:
(a) The Department of Civil Records shall mail advisory notices to the obligor and obligee, as required by section 452.345 R.S.Mo., at least fifteen (15) days prior to mailing the Notice to Withhold Income, upon application of the obligee on Circuit Court Form 1469, or as required when the Court Administrator is trustee, and
(b) The obligee applies, on Circuit Court Form 1469, for an income withholding after the expiration of fifteen (15) days from the date of mailing the foregoing advisory notices.
4. The fee deposit required for certified mailing, set forth in Circuit Court Rule 5.1, must be paid prior to the mailing of a notice of income withholding to the employer, except in those cases brought by the Missouri division of child support enforcement, or any attorney bringing action pursuant to a referral by the Missouri division of child support enforcement.
Adopted 9/24/93
(Effective 1/1/94)