House Bill 249

AN ACT TO AMEND SECTION 93-11-113, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN MODIFICATION PROCEEDINGS THE COURT SHALL CONSIDER EXTRA SUPPORT PROVIDED BY THE OBLIGOR; 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:

93-11-113. (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.

(4) In determining whether to modify, suspend or terminate an order, the court shall take into consideration any extra support provided by the obligor over the amount required by the existing order.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.