Section 454.496

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2014, 2 histories   

  454.496.  Motion to modify order, review — form of motion, service, procedure — effective, when — venue for judicial review of administrative order, procedure. — 1.  At any time after the entry of a court order for child support in a case in which support rights have been assigned to the state pursuant to section 208.040, or a case in which support enforcement services are being provided pursuant to section 454.425, the obligated parent, the obligee or the family support division may file a motion to modify the existing child support order pursuant to this section, if a review has first been completed by the director of the family support division under subdivision (13) of subsection 2 of section 454.400.  The motion shall be in writing in a form prescribed by the director, shall set out the reasons for modification and shall state the telephone number and address of the moving party.  The motion shall be served in the same manner provided for in subsection 5 of section 454.465 upon the obligated parent, the obligee and the division, as appropriate.  In addition, if the support rights are held by the family support division on behalf of the state, the moving party shall mail a true copy of the motion by certified mail to the person having custody of the dependent child at the last known address of that person.  The party against whom the motion is made shall have thirty days either to resolve the matter by stipulated agreement or to serve the moving party and the director, as appropriate, by regular mail with a written response setting forth any objections to the motion and a request for hearing.  When requested, the hearing shall be conducted pursuant to section 454.475 by hearing officers designated by the department of social services.  In such proceedings, the hearing officers shall have the authority granted to the director pursuant to subsection 6 of section 454.465.

  2.  When no objections and request for hearing have been served within thirty days, the director, upon proof of service, shall enter an order granting the relief sought.  Copies of the order shall be mailed to the parties within fourteen days of issuance.

  3.  A motion to modify made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

  4.  The only support payments which may be modified are payments accruing subsequent to the service of the motion upon all parties to the motion.

  5.  The party requesting modification shall have the burden of proving that a modification is appropriate pursuant to the provisions of section 452.370.

  6.  Notwithstanding the provisions of section 454.490 to the contrary, an administrative order modifying a court order is not effective until the administrative order is filed with and approved by the court that entered the court order.  The court may approve the administrative order if no party affected by the decision has filed a petition for judicial review pursuant to sections 536.100 to 536.140.  After the thirty-day time period for filing a petition of judicial review pursuant to chapter 536 has passed, the court shall render its decision within fifteen days.  If the court finds the administrative order should be approved, the court shall make a written finding on the record that the order complies with section 452.340 and applicable supreme court rules and approve the order.  If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo.

  7.  If a petition for judicial review is filed, the court shall review all pleadings and the administrative record, as defined in section 536.130, pursuant to section 536.140.  After such review, the court shall determine if the administrative order complies with section 452.340 and applicable supreme court rules.  If it so determines, the court shall make a written finding on the record that the order complies with section 452.340 and applicable supreme court rules and approve the order or, if after review pursuant to section 536.140 the court finds that the administrative order does not comply with supreme court rule 88.01, the court may select any of the remedies set forth in subsection 5 of section 536.140.  The court shall notify the parties and the division of any setting pursuant to this section.

  8.  Notwithstanding the venue provisions of chapter 536 to the contrary, for the filing of petitions for judicial review of final agency decisions and contested cases, the venue for the filing of a petition for judicial review contesting an administrative order entered pursuant to this section modifying a judicial order shall be in the court which entered the judicial order.  In such cases in which a petition for judicial review has been filed, the court shall consider the matters raised in the petition and determine if the administrative order complies with section 452.340 and applicable supreme court rules.  If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo.  The court shall notify the parties and the division of the setting of such proceeding.  If the court determines that the matters raised in the petition are without merit and that the administrative order complies with the provisions of section 452.340 and applicable supreme court rules, the court shall approve the order.

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(L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 2007 S.B. 25, A.L. 2014 H.B. 1299 Revision)