Section 454.525

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 1986   

  454.525.  Obligor, defined — conveyances of entirety, property set aside, when — hearing, presumption, burden of proving good faith. — 1.  For purposes of this section, an "obligor" is a person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction.

  2.  Any conveyance of real or personal property made by the obligor, including conveyances made by the obligor to himself and his spouse as tenants by the entirety, for the purpose and with the intent to delay, hinder or defraud the person to whom the support obligation is owed shall be voidable, as long as the tenancy by the entirety exists and until a good faith purchaser for value gains title to the property.  This subsection shall not operate to impair the commercial banks' defense under section 362.470.

  3.  Any party owed a support obligation may maintain an action for the purpose of setting aside a fraudulent conveyance by filing an appropriate motion in the cause of action that produced the support order, or if the order was established pursuant to sections 454.440 to 454.510, by filing a petition in the court in which the order was filed pursuant to section 454.490.  Where the party seeking to set aside the conveyance presents evidence that the conveyance was made voluntarily and without adequate consideration or in anticipation of entry or enforcement of a judicial or administrative support order, a presumption shall arise that the conveyance was made with fraudulent intent.  Upon such a showing, the burden of^* proving that the conveyance was made in good faith shall rest with the obligor.

  4.  If after a hearing the court determines that the conveyance was made for the purpose and with the intent to delay, hinder or defraud the person to whom the support obligation is owed, the court shall set the conveyance aside and subject the property to execution for satisfaction of the support judgment subject to the interest of the good faith purchaser for value, mortgagee, or commercial bank.

­­--------

(L. 1986 H.B. 1479 § 2)

*Word "or" appears in original rolls.