454.496. Motion to modify order, review--form of motion, service, procedure--effective, when--venue for judicial review of administrative order, procedure.
Motion to modify order, review--form of motion, service,procedure--effective, when--venue for judicial review ofadministrative order, procedure.
454.496. 1. At any time after the entry of a court order for childsupport in a case in which support rights have been assigned to the statepursuant to section 208.040, RSMo, or a case in which support enforcementservices are being provided pursuant to section 454.425, the obligatedparent, the obligee or the division of child support enforcement may file amotion to modify the existing child support order pursuant to this section,if a review has first been completed by the director of child supportenforcement pursuant to subdivision (13) of subsection 2 of section454.400. The motion shall be in writing in a form prescribed by thedirector, shall set out the reasons for modification and shall state thetelephone number and address of the moving party. The motion shall beserved in the same manner provided for in subsection 5 of section 454.465upon the obligated parent, the obligee and the division, as appropriate.In addition, if the support rights are held by the division of familyservices on behalf of the state, the moving party shall mail a true copy ofthe motion by certified mail to the person having custody of the dependentchild at the last known address of that person. The party against whom themotion is made shall have thirty days either to resolve the matter bystipulated agreement or to serve the moving party and the director, asappropriate, by regular mail with a written response setting forth anyobjections to the motion and a request for hearing. When requested, thehearing shall be conducted pursuant to section 454.475 by hearing officersdesignated by the department of social services. In such proceedings, thehearing officers shall have the authority granted to the director pursuantto subsection 6 of section 454.465.
2. When no objections and request for hearing have been served withinthirty days, the director, upon proof of service, shall enter an ordergranting the relief sought. Copies of the order shall be mailed to theparties within fourteen days of issuance.
3. A motion to modify made pursuant to this section shall not staythe director from enforcing and collecting upon the existing order unlessso ordered by the court in which the order is docketed.
4. The only support payments which may be modified are paymentsaccruing subsequent to the service of the motion upon all parties to themotion.
5. The party requesting modification shall have the burden of provingthat a modification is appropriate pursuant to the provisions of section452.370, RSMo.
6. Notwithstanding the provisions of section 454.490 to the contrary,an administrative order modifying a court order is not effective until theadministrative order is filed with and approved by the court that enteredthe court order. The court may approve the administrative order if noparty affected by the decision has filed a petition for judicial reviewpursuant to sections 536.100 to 536.140, RSMo. After the thirty-day timeperiod for filing a petition of judicial review pursuant to chapter 536,RSMo, has passed, the court shall render its decision within fifteen days.If the court finds the administrative order should be approved, the courtshall make a written finding on the record that the order complies withsection 452.340, RSMo, and applicable supreme court rules and approve theorder. If the court finds that the administrative order should not beapproved, the court shall set the matter for trial de novo.
7. If a petition for judicial review is filed, the court shall reviewall pleadings and the administrative record, as defined in section 536.130,RSMo, pursuant to section 536.140, RSMo. After such review, the courtshall determine if the administrative order complies with section 452.340and applicable supreme court rules. If it so determines, the court shallmake a written finding on the record that the order complies with section452.340 and applicable supreme court rules and approve the order or, ifafter review pursuant to section 536.140, RSMo, the court finds that theadministrative order does not comply with supreme court rule 88.01, thecourt may select any of the remedies set forth in subsection 5 of section536.140, RSMo. The court shall notify the parties and the division of anysetting pursuant to this section.
8. Notwithstanding the venue provisions of chapter 536, RSMo, to thecontrary, for the filing of petitions for judicial review of final agencydecisions and contested cases, the venue for the filing of a petition forjudicial review contesting an administrative order entered pursuant to thissection modifying a judicial order shall be in the court which entered thejudicial order. In such cases in which a petition for judicial review hasbeen filed, the court shall consider the matters raised in the petition anddetermine if the administrative order complies with section 452.340 andapplicable supreme court rules. If the court finds that the administrativeorder should not be approved, the court shall set the matter for trial denovo. The court shall notify the parties and the division of the settingof such proceeding. If the court determines that the matters raised in thepetition are without merit and that the administrative order complies withthe provisions of section 452.340 and applicable supreme court rules, thecourt shall approve the order.
(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)