Section 454.609

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2002   

  454.609.  Notice to obligor, contents — grounds for contesting, hearing. — 1.  At the same time an employer or union notice is sent pursuant to section 454.606, the circuit clerk or the division, as appropriate, shall send a notice to the obligor by any form of mail to the obligor's last known address.  The information contained in that notice shall include:

  (1)  A statement that the parent has been directed to provide and maintain health benefit plan coverage for the benefit of a minor child;

  (2)  The name and date of birth of the minor child;

  (3)  A statement that the income withholding for health benefit coverage applies to current and subsequent periods of employment;

  (4)  A statement that the parent may within thirty days of the mailing date of the order or notice submit a written contest to the withholding on the grounds that the withholding is not proper because of mistake of fact or because the obligor provides other insurance that was obtained prior to issuance of the withholding order or notice that is comparable to the health benefit plan available through the employer or union or nonemployer or nonunion group;

  (5)  A statement that if the obligor contests the withholding, the obligor shall be afforded an opportunity to present his or her case to the court or the division within thirty days of receipt of the notice of contest;

  (6)  A statement of exemptions which may apply to limit the portion of the obligated party's disposable earnings which are subject to the withholding under federal or state law;

  (7)  The Social Security number of the obligor, if available;

  (8)  A statement that state law prohibits employers from retaliating against an obligor under an order to provide health benefit plan coverage and that the court or the division should be contacted if the obligor has been retaliated against by his or her employer as a result of the order for health benefit plan coverage.

  2.  The only grounds to contest a withholding order or notice for health benefit plan coverage sent to an employer or union shall be mistake of fact or that the obligor obtained other insurance prior to issuance of the withholding order or notice that is comparable to the health benefit plan available through the employer or union, or nonemployer or nonunion group.  For purposes of sections 454.600 to 454.645, "mistake of fact" means an error as to the identity of the obligor.

  3.  If the obligor contests the withholding order or notice for health plan coverage because of mistake of fact or because the obligor obtained comparable insurance prior to issuance of the withholding order or notice, the court or the director shall hold a hearing, enter an order disposing of all issues disputed by the obligor and notify the obligated party of the determination and date, within forty-five days of the date of receipt of the obligated party's notice of contest.

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(L. 1993 S.B. 253 § 6, A.L. 2002 S.B. 923, et al.)