Bill Text: MO HB2046 | 2010 | Regular Session | Introduced
Bill Title: Requires certain court records regarding dissolutions of marriage to be subject to inspection by certain individuals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Judiciary (H) [HB2046 Detail]
Download: Missouri-2010-HB2046-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JONES (89) (Sponsor) AND COLONA (Co-sponsor).
4487L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 452.430 and 454.515, RSMo, and to enact in lieu thereof two new sections relating to dissolution of marriage, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 452.430 and 454.515, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 452.430 and 454.515, to read as follows:
452.430. Any pleadings, other than the interlocutory or final judgment, or any modification thereof, in a dissolution of marriage [or] , legal separation, or motion to modify filed prior to August 28, 2009, shall be subject to inspection only by the parties or an attorney of record or upon order of the court for good cause shown, by any person or designee of a person licensed and acting under chapter 381 who shall keep any information obtained confidential except as necessary to the performance of functions required by chapter 381, or by the family support division within the department of social services when services are being provided under section 454.400, RSMo. Such persons may also receive or make copies of documents without requiring the clerk to redact information unless specifically ordered to do so by the court. The clerk shall redact the Social Security number from any copy of a judgment or [pleading] satisfaction of judgment before releasing a copy of the interlocutory or final judgment or satisfaction of judgment to the public.
454.515. 1. A judgment or order for child support or maintenance payable in periodic installments shall not be a lien on the real estate of the person against whom the judgment or order is rendered until the person entitled to receive payments pursuant to the judgment or order, the division or IV-D agency files a lien and the lien is recorded in the office of the circuit clerk of any county in this state in which such real estate is situated in the manner provided for by the supreme court and chapter 511, RSMo. Thereafter, the judgment shall become a lien on all real property of the obligor in such county, owned by the obligor at the time, or which the obligor may acquire afterwards and before the lien expires.
2. Liens pursuant to this section shall commence on the day filed and shall continue for a period of three years. A judgment creditor, the division or IV-D agency may revive a lien by filing another lien on or before each three-year anniversary of the original judgment. At the time each lien is revived, all unpaid installments shall remain a lien for the subsequent three-year period.
3. The lien shall state the name, last known address of the obligor, the last four digits of the obligor's Social Security number, the obligor's date of birth, if known, and the amount of support or maintenance due and unpaid.
4. A copy of the lien shall be mailed by the person entitled to receive payments under the judgment or order, the division or IV-D agency to the last known address of the obligor. 5. The person entitled to receive payments pursuant to the judgment or order, the division or IV-D agency may execute a partial or total release of the liens created by this section, either generally or as to specific property.
Section B. Because immediate action is necessary to ensure the integrity of land titles and the transfer of property in this state, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.
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