2004 Regular Session
To: Judiciary, Division A
By: Senator(s) Kirby (By Request)
AN ACT TO CODIFY SECTION 93-11-165, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO ORDER A DEFENDANT WHO IS DELINQUENT FOR NONCOMPLIANCE WITH AN ORDER FOR CHILD SUPPORT AND WHO IS ELIGIBLE FOR THE MILITARY DRAFT TO ENLIST IN THE ARMED FORCES; TO PROVIDE THAT IN SUCH CASES THE COURT WILL ORDER THAT THE DEFENDANT'S MILITARY COMPENSATION WILL BE GARNISHED FOR PURPOSES OF CHILD SUPPORT PAYMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provision shall be codified as Section 93-11-165, Mississippi Code of 1972:
93-11-165. In addition to the procedures in Sections 93-11-157 and 93-11-163 regarding suspension of license for nonpayment of child support, the court may, upon a finding that a defendant is (a) delinquent for being out of compliance with an order for support and (b) eligible for military service, order the defendant to report to the United States Selective Service System for immediate enlistment into an appropriate branch of the Armed Forces. In its discretion, the court may stay such an order for a reasonable time to allow the defendant to purge himself of the delinquency. In such cases, the court shall order the United States Selective Service System to report to the court on compliance with such required enlistment and shall, on suggestion of the plaintiff or on its on motion, issue a withholding order upon the service branch of the military in which the defendant enlists to forward all compensation due to the defendant to the court for payment of the arrearage in child support. Payments made under such withholding order shall be in addition to the defendant's ongoing obligation under the latest entered periodic order for support. Any such military service ordered by a court under this section shall not exceed six (6) years without the consent of the defendant.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.