454.511. Denial of a passport for child support arrearage, when--mistake of fact, defined.
Denial of a passport for child support arrearage, when--mistake offact, defined.
454.511. The division may certify a person who owes a child supportarrearage in excess of the amount set forth in 42 U.S.C. 654(31) to theappropriate federal government agency for the purpose of denying a passportto such person, or revoking, suspending or limiting a passport previouslyissued to such person. Such person shall be mailed, by the division or onbehalf of the division, a notice of the proposed certification and theconsequences thereof upon such person. Within thirty days of receipt ofthe notice, the person may contest the proposed certification by requestingin writing a hearing pursuant to the procedures in section 454.475. Atsuch hearing the obligor may assert only mistake of fact as a defense. Forpurposes of this section, "mistake of fact" means an error in the amount ofarrearages or an error as to the identity of the obligor. The obligorshall have the burden of proof on such issues. The division shall notcertify the person until after a final decision has been reached.
(L. 1997 S.B. 361, A.L. 2007 S.B. 25)