SECOND REGULAR SESSION

HOUSE BILL NO. 1334

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE DOUGHERTY.

Read 1st time January 5, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

2332L.01I


AN ACT

To repeal section 516.350, RSMo Supp. 1999, relating to statute of limitations, and to enact in lieu thereof one new section relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 516.350, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 516.350, to read as follows:

516.350. 1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding [child support or] maintenance which mandates the making of payments over a period of time, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever.

2. In any judgment, order, or decree awarding [child support or] maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.

3. [In any judgment, order or decree awarding child support or maintenance, payment duly entered on the record as provided in subsection 1 of this section shall include recording of payments or credits in the automated child support system created pursuant to chapter 454, RSMo, by the division of child support enforcement or payment center pursuant to chapter 454, RSMo.] The provisions of this section shall not apply to any judgment, order or decree awarding child support.



Missouri House of Representatives