MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO AMEND SECTION 93-11-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SEIZURE OF CERTAIN ASSETS TO SATISFY JUDGMENTS FOR OVERDUE CHILD SUPPORT; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 93-11-71, Mississippi Code of 1972, is amended as follows:

93-11-71. (1) Whenever a court orders any person to make periodic payments for the maintenance or support of a child, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, the person to whom such payments are owed, or his legal representative, shall, upon complaint filed with any court of competent jurisdiction, be entitled to judgment against the obligor in such amount as the court determines to be equal to all such payments which are then due and owing. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case.

(2) Any judgment obtained under the provisions of this section shall, when entered on the judgment roll, operate as a lien upon all the property of the judgment debtor, both real and personal, within each county, or judicial district of a county having two (2) judicial districts, where so enrolled; and such judgment may be executed upon and enforced in the same manner and to the same extent as any other judgment.

(3) Any judgment obtained under the provisions of this section shall subject the following assets to interception or seizure without regard to the entry of such judgment on the judgement roll of the situs district or jurisdiction:

(a) Periodic or lump-sum payments from a state or local agency, including unemployment compensation, workers' compensation and other benefits;

(b) Gaming winnings and lotteries;

(c) Assets held in financial institutions; and

(d) Public and private retirement funds.

(4) The Department of Human Services shall have the authority to freeze and seize interstate assets upon entry of a lien or judgment from a foreign jurisdiction on the judgment roll of the county, or judicial district of a county having two (2) judicial districts, where such assets are located or held. Such foreign judgment, upon entry, shall operate as a judgment lien as though adjudicated by a local court.

(5) In any case in which a child receives assistance form block grants for Temporary Assistance for Needy Families (TANF), and the obligor owes past-due child support and has been adjudged in contempt, the obligor, if not incapacitated, may be required by the court to participate in any work programs offered by any state agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.