House Bill 1430

AN ACT TO AMEND SECTION 43-19-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ATTORNEY'S FEES SHALL BE ASSESSED BY THE COURT IN CHILD SUPPORT AND PATERNITY ACTIONS BROUGHT BY THE CHILD SUPPORT UNIT OF THE DEPARTMENT OF HUMAN SERVICES, AND THAT SUCH ATTORNEY'S FEES SHALL BE PAID TO THE DEPARTMENT OF HUMAN SERVICES SOLELY FOR THE SUPPORT OF THE LEGAL DIVISION OF THE CHILD SUPPORT UNIT; TO PROVIDE THAT A NONCUSTODIAL PARENT WHO WRITES A BAD CHECK TO MEET HIS OR HER OBLIGATION OF SUPPORT SHALL BE SUBJECT TO A SHOW CAUSE HEARING WHY HE OR SHE SHOULD NOT BE HELD IN CONTEMPT AND PUNISHED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-19-37, Mississippi Code of 1972, is amended as follows:

43-19-37. (1) Court orders of support in all cases brought under the provisions of Sections 43-19-31 through 43-19-53 shall specify that the payment of court costs shall be directed by the absent parent to the Mississippi Department of Human Services Central Receipting and Disbursement Unit for further disbursement in the manner as prescribed by Title IV-D of the federal Social Security Act. The court shall assess attorney's fees to recover the costs associated with preparing and prosecuting the case, which shall be paid directly to the Mississippi Department of Human Services solely for the support of the legal division of the Child Support Unit in a manner separate and distinct from the payment of child support. The court may allow the defendant to pay the attorney's fees over a period not to exceed four (4) months. The state portion of attorney's fees paid to the department shall be used to match federal funds for the support of the legal division of the Child Support Unit. Any payments made by the absent parent directly to the recipient or applicant in violation of the court order shall not be deemed to be a support payment or an attorney's fee and shall not be credited to the court-ordered obligation of the absent parent or to the court-ordered obligation for the payment of the attorney's fee. Failure of the absent parent to comply with an order of support or for payment of an attorney's fee for a period of thirty (30) days shall be directed to the court having jurisdiction of the matter for contempt proceedings or execution issued in the manner and form prescribed by statute. Should civil proceedings become ineffective in producing support or attorney's fees in any case involving a legitimate child or a child wherein paternity has been established by law or acknowledged in writing, the case shall promptly be referred to the district attorney for prosecution as a violation of Section 97-5-3.

(2) Each application, petition, order or filing made under this section shall include the social security number(s) of the applicant or father, mother and child(ren), as applicable, in accordance with Section 93-11-64, Mississippi Code of 1972.

(3) After a support order has been obtained, if the noncustodial parent writes a check for support that is returned for any reason without payment, written notice shall be mailed by United States First Class Mail to the parent's last known address requiring appearance before the court to show cause why he or she should not be held in contempt and punished by fine, incarceration or other punishment that the court determines appropriate and just, including, but not limited to, administrative remedies available to the Department of Human Services providing for the suspension of all applicable licenses and permits under Sections 93-11-151 through 93-11-163.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.