454.517. Lien on workers' compensation, when, procedure--notice, contents--enforcement of lien--duties of director of workers' compensation.
Lien on workers' compensation, when, procedure--notice,contents--enforcement of lien--duties of director of workers'compensation.
454.517. 1. The director, IV-D agency or the obligee may cause alien for unpaid and delinquent child or spousal support to be placed uponany workers' compensation benefits payable to an obligor delinquent inchild or spousal support payments.
2. No such lien shall be effective unless and until a written noticeis filed with the director of the division of workers' compensation. Thenotice shall contain the name and address of the delinquent obligor, theSocial Security number of the obligor, if known, the name of the obligee,and the amount of delinquent child or spousal support.
3. Notice of lien shall not be filed unless the delinquent child orspousal support obligation exceeds one hundred dollars.
4. Any person or persons, firm or firms, corporation or corporations,including an insurance carrier, making any payment of workers' compensationbenefits to such obligor or to such obligor's attorneys, heirs or legalrepresentative, after receipt of such notice, as defined in subsection 5 ofthis section, shall be liable to the obligee or, if support has beenassigned pursuant to subsection 2 of section 208.040, RSMo, to the state orIV-D agency in an amount equal to the lesser of the workers' compensationbenefits paid or delinquent child or spousal support. In such event, thelien may be enforced by a suit at law against any person or persons, firmor firms, corporation or corporations making the workers' compensationbenefit payment.
5. Upon the filing of a notice pursuant to this section, the directorof the division of workers' compensation shall mail to the obligor and toall attorneys and insurance carriers of record, a copy of the notice. Theobligor, attorneys and insurance carriers shall be deemed to have receivedthe notice within five days of the mailing of the notice by the director ofthe division of workers' compensation. The lien described in this sectionshall attach to all workers' compensation benefits which are thereafterpayable.
6. In cases which are not IV-D cases, to cause a lien pursuant to theprovisions of this section the obligee or the obligor's attorney shall filenotice of the lien with the lienholder or payor. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)Effective 7-1-97