454.520. Delinquent child support and maintenance, interest on, rate, how computed--execution for interest, when, procedure.
Delinquent child support and maintenance, interest on, rate, howcomputed--execution for interest, when, procedure.
454.520. 1. All delinquent child support and maintenance paymentswhich have accrued based upon judgments or orders of courts of this stateentered prior to September 29, 1979, shall draw interest at the rate of sixpercent per annum through September 28, 1979; at the rate of nine percentper annum from September 29, 1979, through August 31, 1982; and thereafterat the rate of one percent per month.
2. All delinquent child support and maintenance payments which haveaccrued based upon judgments or orders of courts of this state enteredafter September 28, 1979, but prior to September 1, 1982, shall drawinterest at the rate of nine percent per annum through August 31, 1982, andthereafter at the rate of one percent per month.
3. All delinquent child support and maintenance payments which accruebased upon judgments of courts of this state entered on or after September1, 1982, shall draw interest at the rate of one percent per month.
4. The interest imposed pursuant to subsections 1 to 3 of thissection shall be simple interest. Interest shall accrue at the close ofthe business day on the last day of each month and shall be calculated bymultiplying the total arrearage existing at the end of the day, less theamount of that month's installments, by the applicable rate of interest.The total amount of interest collectible is the sum of the interest whichhas accrued on the last day of each month following the first delinquentpayment. This interest computation method shall apply to all support andmaintenance orders, regardless of the frequency of the installmentsrequired by the court. If the order does not specify the date on whichsupport or maintenance payments are to begin, it shall be assumed that thefirst installment was due on the date the order was entered, and subsequentinstallments fall due on the same day of the week, or date of the month, asis appropriate. Payments which were to begin on the twenty-ninth,thirtieth or thirty-first of any month shall be deemed due on the last dayof any month not containing such date. The interest imposed pursuant tothis section shall automatically accrue and attach to the underlyingsupport or maintenance judgment or order, and may be collected togetherwith the arrearage, except that no payment or collection shall be construedto be interest until the entire support arrearage has been satisfied. Suchinterest shall be considered support or maintenance for the purposes ofexemptions, restrictions on amounts which may be recovered by garnishment,and nondischargeability in bankruptcy.
5. As a condition precedent to execution for interest on delinquentchild support or maintenance payments, the obligee shall present to thecircuit clerk a sworn affidavit setting forth the payment history of theobligor under the judgment or order, together with a statement whichdetails the computation of the interest claimed to be due and owing;except, that the payment history affidavit shall not be required forperiods during which the clerk is acting as trustee pursuant to section452.345, RSMo, or the division is acting as trustee pursuant to thischapter or any other provision of the laws of this state. It shall not bethe responsibility of the circuit clerk to compute the interest due andowing. The payment history affidavit and statement of interest shall beentered in the case record by the circuit clerk. If the obligor disputesthe payment history as sworn to by the obligee, or the interest claimed,the obligor may petition the court for a determination. The court shallhold a hearing and shall make such a determination prior to the return dateof the execution, or if this is not possible, the court shall direct thesheriff to pay the proceeds of the execution into the court pending suchdetermination. If the determination as made by the court is inconsistentwith the payment history affidavit of the obligee, or the interest claimed,the amount of the execution shall be so amended.
(L. 1982 S.B. 468 § 25, A.L. 1999 S.B. 291)Effective 7-1-99