House Bill 889

AN ACT TO AMEND SECTIONS 93-9-49 AND 93-11-71, MISSISSIPPI CODE OF 1972, TO SPECIFY THAT REMARRIAGE OR MARRIAGE BETWEEN THE FATHER AND MOTHER OF A CHILD AS TO WHOM A CHILD SUPPORT ORDER HAS BEEN ENTERED UNDER WHICH AN ARREARAGE HAS ACCUMULATED ABATES CERTAIN ACTIONS TO COLLECT SAID ARREARAGE FOR SO LONG AS THE CHILD'S PARENTS REMAIN MARRIED AND RESIDE TOGETHER IN THE SAME HOUSEHOLD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-9-49, Mississippi Code of 1972, is amended as follows:

93-9-49. An agreement of settlement with the alleged father is binding only when approved by the court.

Notwithstanding the foregoing, should the mother and the father of the child marry or remarry each other and reside together in the same household with the child who is the subject of the support order, any arrearage in child support (except public assistance arrears to be collected by the Office of Child Support Enforcement and paid to the United States government) shall stand abated and not be subject to collection for so long as the parties remain married and reside together in the same household. The obligation to pay any arrearage of child support that accrued prior to the marriage or remarriage shall revive and become payable again upon the occurrence of any one (1) of the following: (a) the parties no longer reside together; (b) the parties separate; or (c) the parties divorce.

SECTION 2. Section 93-11-71, Mississippi Code of 1972, is amended as follows:

93-11-71. (1) Whenever a court orders any person to make periodic payments of a sum certain for the maintenance or support of a child, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, a judgment by operation of law shall arise against the obligor in an amount equal to all payments which are then due and owing.

(a) A judgment arising under this section shall have the same effect and be fully enforceable as any other judgment entered in this state. A judicial or administrative action to enforce said judgment may be commenced at any time; and

(b) Such judgments arising in other states by operation of law shall be given full faith and credit in this state.

(2) Any judgment arising under the provisions of this section shall operate as a lien upon all the property of the judgment debtor, both real and personal, which lien shall be perfected as to third parties without actual notice thereof only upon enrollment on the judgment roll. The department or attorney representing the party to whom support is owed shall furnish an abstract of the judgment for periodic payments for the maintenance and support of a child, along with sworn documentation of the delinquent child support, to the circuit clerk of the county where the judgment is rendered, and it shall be the duty of the circuit clerk to enroll the judgment on the judgment roll. Liens arising under the provisions of this section may be executed upon and enforced in the same manner and to the same extent as any other judgment.

(3) Notwithstanding the provisions in subsection (2), any judgment arising under the provisions of this section shall subject the following assets to interception or seizure without regard to the entry of the judgment on the judgment roll of the situs district or jurisdiction:

(a) Periodic or lump-sum payments from a federal, state or local agency, including unemployment compensation, workers' compensation and other benefits;

(b) Winnings from lotteries and gaming winnings which are received in periodic payments made over a period in excess of thirty (30) days;

(d) Settlements and awards resulting from civil actions; and

(e) Public and private retirement funds, only to the extent that the obligor is qualified to receive and receives a lump sum or periodic distribution from the funds.

(4) In any case in which a child receives assistance from block grants for Temporary Assistance for Needy Families (TANF), and the obligor owes past-due child support, the obligor, if not incapacitated, may be required by the court to participate in any work programs offered by any state agency.

(5) Should the mother and the father of the child marry or remarry each other and reside together in the same household with the child who is the subject of the support order, any arrearage in child support (except public assistance arrears to be collected by the Office of Child Support Enforcement and paid to the United States government) shall stand abated and not be subject to collection for so long as the parties remain married and reside together in the same household. The obligation to pay any arrearage of child support that accrued prior to the marriage or remarriage shall revive and become payable again upon the occurrence of any one (1) of the following: (a) the parties no longer reside together; (b) the parties separate; or (c) the parties divorce.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.