MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary; Public Health and Welfare

By: Senator(s) Scoper

AN ACT TO AMEND SECTION 93-9-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN A PATERNITY ACTION AGAINST A DEFENDANT UNDER THE AGE OF 21, THE COURT ORDER SHALL SPECIFY A DATE THAT SUPPORT PAYMENTS SHALL BEGIN BASED ON AN AMOUNT NOT LESS THAN MINIMUM WAGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-9-29, Mississippi Code of 1972, is amended as follows:

93-9-29. (1) If the finding be against the defendant, the court shall make an order of filiation, declaring paternity and for the support and education of the child.

(2) The order of filiation shall specify the sum to be paid weekly or otherwise. In addition to providing for the support and education, the order shall also provide for the funeral expenses if the child has died; for the support of the child prior to the making of the order of filiation; and such other expenses as the court may deem proper. In the event the defendant has health insurance available to him through an employer or organization that may extend benefits to the dependents of such defendant, the order of filiation may require the defendant to exercise the option of additional coverage in favor of the child he is legally responsible to support.

(3) The court may require the payment to be made to the mother, or to some person or corporation to be designated by the court as trustee, but if the child is or is likely to become a public charge on a county or the state, the public welfare agent of that county shall be made the trustee. The payment shall be directed to be made to a trustee if the mother does not reside within the jurisdiction of the court. The trustee shall report to the court annually, or oftener as directed by the court, the amounts received and paid over.

(4) In the event the finding is against a defendant under the age of twenty-one (21) years, the order of filiation shall specify a date certain that the defendant shall be required to begin making such support payments to be based on not less than a minimum wage under federal law. Said date shall not be later than the date on which the defendant reaches twenty-one (21) years of age.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.