MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO AMEND SECTION 93-11-115, MISSISSIPPI CODE OF 1972, TO REVISE NOTICE REQUIREMENTS REGARDING WITHHOLDING ORDERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 93-11-115, Mississippi Code of 1972, is amended as follows:

93-11-115. (1) An obligee who is receiving income withholding payments under Sections 93-11-101 through 93-11-119 shall notify the department of any change of address within seven (7) days of such change.

(2) An obligee who is a recipient of public aid shall send a copy of any notice * * * filed pursuant to Section 93-11-105 to the department.

(3) An obligor whose income is being withheld * * * pursuant to Sections 93-11-101 through 93-11-119 shall notify the department and the clerk of the court of any new payor, within seven (7) days.

(4) When the department is no longer authorized to receive payments for the obligee, it shall, within seven (7) days, notify the payor and the clerk of the court.

(5) The department shall provide notice to the payor and the clerk of the court of any other support payment made, including but not limited to, a set-off under federal and state law or partial payment of the delinquency.

(6) The department shall maintain complete, accurate and clear records of all payments and their disbursements. Certified copies of payment records maintained by the department shall, without further proof, be admitted into evidence in any legal proceedings under Sections 93-11-101 through 93-11-119.

(7) The department shall design suggested legal forms for proceeding under Sections 93-11-101 through 93-11-119 of this act and shall make available to the courts such forms and informational materials which describe the procedures and remedies set forth herein for distribution to all parties in support actions.

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