HB 183 -- Child Support Payments

Sponsor:  Stevenson

This bill allows the recipient of child support or the Family
Support Division within the Department of Social Services to
commence a civil contempt proceeding in the circuit court of the
county in which the child support order was filed or registered
against a person who has been ordered to pay child support and
fails or refuses to do so if an order of income withholding is
inapplicable or unsuccessful.  If the person ordered to pay fails
to appear in response to the contempt proceeding, the court must
find the person in contempt for failure to appear and issue a
warrant or find the person in contempt for the reasons in the
original motion.

If a warrant is issued, the person will be subject to arrest and
if apprehended or detained, will be held until the hearing unless
a cash performance bond is deposited.  If bond is posted, the
court must schedule a hearing within 30 days.

The court may find a person in contempt if it finds that the
person is in arrears on his or her child support payments and is
satisfied that he or she has the resources currently available to
pay all or a portion of the amount due.  If that person fails to
provide proof to the contrary, the court is to assume that he or
she currently has available resources equal to four weeks of
payments of child support, but cannot find that he or she has
more than one month of resources without further proof.

If found under contempt, the court may do one or more of the
following:

(1)  Commit the person to county jail;

(2)  Commit the person to county jail under a work release
program;

(3)  Suspend the person's occupational license, driver's license,
or hunting or fishing license; or

(4)  Order the person to participate in work activity.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am