432.030. Assignment of wages. — All assignments of wages, salaries or earnings must be in writing with the correct date of the assignment and the amount assigned and the name or names of the party or parties owing the wages, salaries and earnings so assigned; and all assignments of wages, salaries and earnings, not earned at the time the assignment is made, shall be null and void.
Notes of Decisions
Cited in
7
cases, 1975–2003 · leading case:
Smith v. Kriska, 113 S.W.3d 293 (Mo. Ct. App. 2003).
Smith v. Kriska, 113 S.W.3d 293 (Mo. Ct. App. 2003).
· cites it 11× “For his first point defendant asserts that the trial court erred in entering judgment in the Board’s favor because the Agreement was void ab initio in that paragraph 4 of the Agreement was an assignment of future wages that failed to comply with section 432.030 RSMo (1994).…”
Brinley v. Karnes, 595 S.W.2d 465 (Mo. Ct. App. 1980).
· cites it 24× “Wife appeals from an order of the circuit court dismissing her Motion for an Order Directing Husband to Make an Assignment of Wages for Child Support under Section 432.030 RSMo 1969. 1 Husband and wife were divorced in 1968.”
Schaffer v. Bd. of Educ. of St. Louis, 869 S.W.2d 163 (Mo. Ct. App. 1993).
· cites it 8× “510, (3) is an unlawful delegation of legislative power to union, and (4) is an illegal wage arrangement under § 432.030. I. Background Missouri public employee labor relations are governed by §§ 105.”
Hopkins v. Hopkins, 626 S.W.2d 389 (Mo. Ct. App. 1981).
· cites it 2× “This is an exception to § 432.030, RSMo 1969, which generally prohibits the assignment of future wages.”
Gen. Am. Life Ins. Co. v. Isabell, 523 S.W.2d 616 (Mo. Ct. App. 1975).
· cites it 8× “Isa-bell alleges that the insurance benefits are wages within the meaning of § 432.030 and that their assignment prior to the time the actual hospital and medical expenses became due, constituted an illegal assignment of future wages.”
Schloss v. Schloss, 682 S.W.2d 53 (Mo. Ct. App. 1984).
· cites it 4× “Husband asserts this order (1) was contrary to the express agreement of the parties, modifying the contractual maintenance provision of the separation agreement; (2) subjected husband to increased pecuniary punishment to which he was not previously subjected under the Separation…”
In re Sapp, 81 B.R. 545 (W.D. Mo. 1987).
· cites it 3× “The provisions of section 432.030, RSMo, to the 21 contrary notwithstanding, the obligated party may execute 22 a voluntary income assignment at any time, which as- 23 signment shall be filed with the court and shall take effect 24 after service on the employer or other payor.”
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