454.490. Orders entered by director, docketing of, effect. - Missouri Statutes

Orders entered by director, docketing of, effect.

454.490. 1. A true copy of any order entered by the directorpursuant to sections 454.460 to 454.997, along with a true copy of thereturn of service, may be filed with the clerk of the circuit court in thecounty in which the judgment of dissolution or paternity has been entered,or if no such judgment was entered, in the county where either the parentor the dependent child resides or where the support order was filed. Uponfiling, the clerk shall enter the order in the judgment docket. Upondocketing, the order shall have all the force, effect, and attributes of adocketed order or decree of the circuit court, including, but not limitedto, lien effect and enforceability by supplementary proceedings, contemptof court, execution and garnishment. Any administrative order or decisionof the division of child support enforcement filed in the office of thecircuit clerk of the court shall not be required to be signed by anattorney, as provided by supreme court rule of civil procedures 55.03(a),or required to have any further pleading other than the director's order.

2. In addition to any other provision to enforce an order docketedpursuant to this section or any other support order of the court, the courtmay, upon petition by the division, require that an obligor who owes pastdue support to pay support in accordance with a plan approved by the court,or if the obligor is subject to such plan and is not incapacitated, thecourt may require the obligor to participate in work activities.

3. In addition to any other provision to enforce an order docketedpursuant to this section or any other support order of the court, divisionor other IV-D agency, the director may order that an obligor who owes pastdue support to pay support in accordance with a plan approved by thedirector, or if the obligor is subject to such plan and is notincapacitated, the director may order the obligor to participate in workactivities. The order of the director shall be filed with a court pursuantto subsection 1 of this section and shall be enforceable as an order of thecourt.

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 refurbishingof publicly assisted housing) if sufficient private sector employment isnot available;

(5) On-the-job training;

(6) Job search and readiness assistance;

(7) Community services programs;

(8) Vocational educational training, not to exceed twelve months forany individual;

(9) Job skills training directly related to employment;

(10) Education directly related to employment for an individual whohas not received a high school diploma or its equivalent;

(11) Satisfactory attendance at a secondary school or course of studyleading to a certificate of general equivalence for an individual who hasnot completed secondary school or received such a certificate; or

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

(L. 1982 S.B. 468 § 19, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)

(2002) Section's "force and effect" provision is constitutional as an enforcement mechanism and does not transform administrative orders into circuit court judgments. State ex rel. Hilburn v. Staeden, 91 S.W.3d 607 (Mo.banc).