454.636. Order of income withholding, priority--current obligation. - Missouri Statutes

Order of income withholding, priority--current obligation.

454.636. 1. An order of income withholding for healthbenefit plan coverage shall have priority over all other legalprocesses under state law against money, income or periodicearnings of the noncustodial parent except an order of incomewithholding for current child support.

2. Notwithstanding the provisions of section 452.350, RSMo,and section 454.505, or any other provision of law to thecontrary, the amount contained in an order of income withholdingfor health benefit plan coverage issued pursuant to sections454.600 to 454.645, shall be considered a current child supportobligation for purposes of applying the limitations contained inthe federal Consumer Credit Protection Act, 15 U.S.C. 1673(b),and shall run concurrently with orders issued pursuant to section452.350, RSMo, and section 454.505. However, when concurrentlyrunning wage withholding processes for the collection of supportobligations, including an order for health benefit plan coverage,cause the amounts withheld from the obligor to exceed applicablewage withholding limitations, the employer shall not include theamount contained in the order of income withholding for healthbenefit plan coverage in determining the pro rata distribution,and shall not withhold any amount for health benefit plancoverage from an employee's wages.

(L. 1993 S.B. 253 § 15)

Effective 5-26-93