454.609. Notice to obligor, contents--grounds for contesting, hearing.
Notice to obligor, contents--grounds for contesting, hearing.
454.609. 1. At the same time an employer or union notice is sentpursuant to section 454.606, the circuit clerk or the division, asappropriate, shall send a notice to the obligor by any form of mail to theobligor's last known address. The information contained in that noticeshall include:
(1) A statement that the parent has been directed to provide andmaintain health benefit plan coverage for the benefit of a minor child;
(2) The name and date of birth of the minor child;
(3) A statement that the income withholding for health benefitcoverage applies to current and subsequent periods of employment;
(4) A statement that the parent may within thirty days of the mailingdate of the order or notice submit a written contest to the withholding onthe grounds that the withholding is not proper because of mistake of factor because the obligor provides other insurance that was obtained prior toissuance of the withholding order or notice that is comparable to thehealth benefit plan available through the employer or union or nonemployeror nonunion group;
(5) A statement that if the obligor contests the withholding, theobligor shall be afforded an opportunity to present his or her case to thecourt or the division within thirty days of receipt of the notice ofcontest;
(6) A statement of exemptions which may apply to limit the portion ofthe obligated party's disposable earnings which are subject to thewithholding under federal or state law;
(7) The Social Security number of the obligor, if available;
(8) A statement that state law prohibits employers from retaliatingagainst an obligor under an order to provide health benefit plan coverageand that the court or the division should be contacted if the obligor hasbeen retaliated against by his or her employer as a result of the order forhealth benefit plan coverage.
2. The only grounds to contest a withholding order or notice forhealth benefit plan coverage sent to an employer or union shall be mistakeof fact or that the obligor obtained other insurance prior to issuance ofthe withholding order or notice that is comparable to the health benefitplan available through the employer or union, or nonemployer or nonuniongroup. For purposes of sections 454.600 to 454.645, "mistake of fact"means an error as to the identity of the obligor.
3. If the obligor contests the withholding order or notice for healthplan coverage because of mistake of fact or because the obligor obtainedcomparable insurance prior to issuance of the withholding order or notice,the court or the director shall hold a hearing, enter an order disposing ofall issues disputed by the obligor and notify the obligated party of thedetermination and date, within forty-five days of the date of receipt ofthe obligated party's notice of contest.
(L. 1993 S.B. 253 § 6, A.L. 2002 S.B. 923, et al.)