SECOND REGULAR SESSION

[TRULY AGREED TO AND FINALLY PASSED]

HOUSE BILL NO. 2056

95TH GENERAL ASSEMBLY

4974L.01T                                                                                          2010                                                                                                         


 

AN ACT

To repeal section 454.515, RSMo, and to enact in lieu thereof one new section relating to liens for failure to pay maintenance and support.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 454.515, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 454.515, to read as follows:

            454.515. 1. A judgment or order for child support or maintenance payable in periodic installments shall not be a lien on the real estate of the person against whom the judgment or order is rendered until the person entitled to receive payments pursuant to the judgment or order, the division or IV-D agency files a lien and the lien is recorded in the office of the circuit clerk of any county in this state in which such real estate is situated in the manner provided for by the supreme court and chapter 511, RSMo. Thereafter, the judgment shall become a lien on all real property of the obligor in such county, owned by the obligor at the time, or which the obligor may acquire afterwards and before the lien expires.

            2. Liens pursuant to this section shall commence on the day filed and shall continue for a period of three years. A judgment creditor, the division or IV-D agency may revive a lien by filing another lien on or before each three-year anniversary of the original judgment. At the time each lien is revived, all unpaid installments shall remain a lien for the subsequent three-year period.

            3. The lien shall state the name, last known address of the obligor, the last four digits of the obligor's Social Security number, the obligor's date of birth, if known, and the amount of support or maintenance due and unpaid.

            4. A copy of the lien shall be mailed by the person entitled to receive payments under the judgment or order, the division or IV-D agency to the last known address of the obligor.

            5. The person entitled to receive payments pursuant to the judgment or order, the division or IV-D agency may execute a partial or total release of the liens created by this section, either generally or as to specific property.