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MO SB391

Bill

Status

Introduced

2/26/2013

Primary Sponsor

Bob Dixon

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Origin

Senate

2013 Regular Session

AI Summary

Senate Bill No. 391 - Summary

  • Establishes procedures for civil contempt proceedings when obligors fail to comply with child support orders, allowing obligees or the family support division to file applications for orders to show cause in the county where the support order is filed

  • Creates a prima facie case for civil contempt by proving the obligor's obligation to pay a specific amount and failure to make payment; obligor then has burden to prove by clear and convincing evidence that failure was not willful and contumacious

  • Establishes rebuttable presumption of willful and contumacious conduct if arrearage equals or exceeds three months of support payments

  • Authorizes courts to order remedies including warrant and order of commitment to county jail with specified maximum confinement periods: 21 days for first contempt, 42 days for second, and 91 days for subsequent contempts; court must first determine obligor's present ability to pay

  • Allows courts to issue writs of body attachment requiring cash bond not to exceed the arrearage or remaining purge amount, with enforcement authority granted to any Missouri law enforcement officer statewide

Legislative Description

Codifies the common law remedy of civil contempt for failure to comply with child support orders

Last Action

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

2/28/2013

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence2/28/2013

Full Bill Text

No bill text available