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MO SB391
Bill
AI Summary
Senate Bill No. 391 - Summary
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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
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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
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Establishes rebuttable presumption of willful and contumacious conduct if arrearage equals or exceeds three months of support payments
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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
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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