MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representative Blackmon

AN ACT TO AMEND SECTION 93-11-113, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN HEARING PROVISIONS REGARDING ORDERS FOR WITHHOLDING; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 93-11-113, Mississippi Code of 1972, is amended as follows:

(1) At any time, an obligor, obligee, the department or clerk of the court may petition the court to:

(a) Modify, suspend or terminate the order for withholding because of a modification, suspension or termination of the underlying order for support; or

(b) Modify the amount of income to be withheld to reflect payment in full of the delinquency by income withholding or otherwise; or

(c) Suspend the order for withholding because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.

(2) The clerk shall serve on the payor, by first class mail or personal delivery, a copy of any order entered pursuant to this section that affects the duties of the payor.

(3) The order for withholding shall continue to be binding upon the payor until service of any order of the court entered under this section.

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