MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO AMEND SECTION 93-11-69, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL OVERDUE SUPPORT BE REPORTED TO CONSUMER REPORTING AGENCIES; TO REVISE NOTICE PROVISION; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 93-11-69, Mississippi Code of 1972, is amended as follows:

93-11-69. (1) As used in this section:

(a) "Absent parent" means a noncustodial parent from whom the Department of Human Services is collecting support payments.

(b) "Consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(c) "Department" means the Department of Human Services.

(d) "Overdue support" means any payments that are ordered by any court to be paid by an absent parent for the support of a child that have remained unpaid for at least thirty (30) days after payment is due. Overdue support shall also include payments that are ordered by any court to be paid for maintenance of a spouse in cases in which the department is collecting such support in conjunction with child support.

(2) The department shall make available to any consumer reporting agency a report of the amount of overdue support owed by an absent parent.  * * *

(3) Before any information regarding an absent parent's overdue support may be made available pursuant to subsection (2) of this section,  * * * a copy of the report shall be mailed to the absent parent at such parent's last known address and the absent parent shall be given the opportunity to contest the information contained in the report as follows:

(a) The absent parent may, within fifteen (15) days after such notice is mailed, contest the accuracy of the information contained in the report by filing with the department a brief written statement concerning the nature of the alleged inaccuracies.

(b) Upon receipt of such statement the department shall, within a reasonable amount of time, reexamine the information contained in the report.

(c) If upon such reexamination the information in the report is found to be inaccurate, the department shall correct the information and send a copy of such corrected information to the absent parent.

(d) If upon such reexamination the information contained in the report is found to be accurate, the department shall notify the absent parent of this fact.

(e) Within ten (10) days after a copy of the reexamined information contained in the report is mailed to the absent parent, such absent parent may again contest the accuracy of such information by filing a brief written statement concerning the alleged inaccuracies and the department shall clearly note in any report to the consumer reporting agency the fact that the information is disputed unless there are reasonable grounds to be believe that the statement filed by the absent parent is frivolous or irrelevant.

(4) The fee charged by the department for furnishing a report pursuant to this section shall not exceed the actual cost of furnishing such report.

(5) The Child Support Unit of the department may provide overdue support information to consumer reporting agencies through an automated computer system free of charge and with notice to the defendant as required by Title IV-D of the Social Security Act and the implementing regulations.

SECTION 2. This act shall take effect and be in force from and after its passage.