MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO AMEND SECTION 43-19-37, MISSISSIPPI CODE OF 1972, TO DIRECT PAYMENTS TO THE DEPARTMENT OF HUMAN SERVICES CENTRAL DISBURSEMENT UNIT; TO REQUIRE SUPPORT ORDERS ESTABLISHED OR MODIFIED IN MISSISSIPPI TO BE FORWARDED TO THE DEPARTMENT OF HUMAN SERVICES CASE REGISTRY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-19-37, Mississippi Code of 1972, is amended as follows:

43-19-37. Court orders of support in all cases brought under the provisions of Sections 43-19-31 through 43-19-53 shall specify that the payment of court costs shall be directed by the absent parent to the Department of Human Services Central Disbursement Unit for further disbursement in the manner as prescribed by Title IV-D of the Federal Social Security Act. Attorney's fees, if any, shall be paid directly to the Department of Human Services Central Disbursement Unit in cases instituted by the department, in a manner separate and distinct from the payment of child support. Payments for costs of court shall be promptly paid by the absent parent to the appropriate clerk of court. Any payments made by the absent parent directly to the recipient or applicant in violation of the court order shall not be deemed to be a support payment and shall not be credited to the court-ordered obligation of said absent parent. Failure of the absent parent to comply with an order of support for a period of thirty (30) days shall be directed to the court having jurisdiction of the matter for contempt proceedings or execution issued in the manner and form prescribed by statute. Should civil proceedings become ineffective in producing support in any case involving a legitimate child or a child wherein paternity has been established by law or acknowledged in writing, the case shall promptly be referred to the district attorney for prosecution as a violation of Section 97-5-3.

A copy of each support order established or modified in Mississippi on or after October 1, 1998, shall be forwarded to the Department of Human Services Case Registry by the clerk of the court upon entry of judgment.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.