MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Jackson

AN ACT TO AMEND SECTION 93-25-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES CANNOT PURSUE ADMINISTRATIVE ENFORCEMENT AGAINST AN OBLIGOR OWING CHILD SUPPORT WHERE THE OBLIGOR ALLEGES THAT THE OBLIGEE IS NOT IN COMPLIANCE WITH COURT-ORDERED VISITATION; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 93-25-79, Mississippi Code of 1972, is amended as follows:

93-25-79. (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.

(3) The support enforcement agency shall send a form to the obligor inquiring whether the obligee is in compliance with any court order of visitation, and, if information is returned to the agency indicating the obligee is not in compliance, the support enforcement agency shall so notify the court in any future proceedings against the obligor in that forum.

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