454.518. Lien on law suits, claims or counterclaims, when, procedure--notice, contents--liability of persons making payment or settlement after notice--duties of clerk.

MISSOURI STATUTES AND CODES

454.518. Lien on law suits, claims or counterclaims, when, procedure--notice, contents--liability of persons making payment or settlement after notice--duties of clerk.

Lien on law suits, claims or counterclaims, when, procedure--notice,contents--liability of persons making payment or settlement afternotice--duties of clerk.

454.518. 1. The director, IV-D agency or the obligee may cause alien for unpaid and delinquent child or spousal support to be placed uponany and all claims, counterclaims, or suits at law of any obligordelinquent in child or spousal support payments.

2. No such lien shall be effective unless and until a written noticeis filed with the clerk of the court in which the claim, counterclaim orsuit at law is pending, and the clerk of the court mails the noticesrequired by subsection 5 of this section. The notice shall contain thename and address of the delinquent obligor, the Social Security number ofthe obligor, if known, the name of the obligee, and the amount ofdelinquent child or spousal support.

3. Notice of this lien shall not be filed unless the delinquent childor 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 orpartial satisfaction of the claim, counterclaim or suit at law, afterreceipt of such notice, as defined in subsection 5 of this section, shallbe liable to the obligee or, if support has been assigned pursuant tosubsection 2 of section 208.040, RSMo, to the state or IV-D agency in anamount equal to the lesser of the payment or settlement, or the delinquentchild or spousal support. In such event, the lien may be enforced by asuit at law against any person or persons, firm or firms, corporation orcorporations making the payment or settlement.

5. Upon the filing of a notice pursuant to this section, the clerk ofthe court shall mail to the obligor and to all attorneys of record a copyof the notice. The obligor and attorneys of record shall be deemed to havereceived the notice within five days of the mailing by the clerk. The liendescribed in this section shall attach to any payment or settlement mademore than five days after the clerk mailed the notice.

6. In cases which are not IV-D cases, to cause a lien pursuant to theprovisions of this section the obligee or the obligee's attorney shall filenotice of the lien with the lienholder or payor. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.