Section 11.60 AOEO Contested Administrative Hearings and the Obligor’s Burden of Proof Regarding Arrears

• Library: Family Law Deskbook and 2014 Supp

6. (§11.60) AOEO Contested Administrative Hearings and the Obligor’s Burden of Proof Regarding Arrears

At the administrative hearing to determine the propriety of an AOEO, a certified copy of the court order along with “the sworn or certified statement of arrearages” constitutes “prima facie evidence” that the AOEO is correct. Section 454.476.4, RSMo 2000. The obligor may then allege as a defense only an error in the arrearage amount or identity of the obligor. The obligor bears the burden of proof in these issues. Id.; see also § 454.539 regarding payment records of the FSPC. It should be noted that this statutory burden is no greater than the traditional burden of proof inherent in the affirmative defense that a debt...