MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Judiciary B
By: Representative Hudson (By Request)
AN ACT TO PRESCRIBE CERTAIN PROCEDURES THAT SHALL BE APPLICABLE IN ACTIONS FOR THE PAYMENT AND COLLECTION OF CHILD SUPPORT IN MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provisions shall be applicable in actions for the payment and collection of child support in the State of Mississippi, notwithstanding any other provision of law to the contrary:
(a) When a person is a defendant in an action for the payment of child support, the court shall complete the proceedings and issue an order in the action not later than one hundred twenty (120) days after the date that the action is filed, or the proceedings shall be dismissed.
(b) When a court order for the payment of child support is entered against a person that provides for an encumbrance against the person's personal assets or property, the person shall be served with the required process not later than forty-five (45) days after the date that the encumbrance is filed, or the action for the encumbrance shall be void.
(c) When a person is subject to a court order for the payment of child support, and the amount of the person's income increases or the person's resources increase for any reason after the entry of that order, the court shall not increase the amount that the person must pay for child support above the amount that was specified in the initial court order.
(d) When a person is subject to a court order for the payment of child support, and the person has properly and timely made the child support payments as required by that order for a period of two (2) years, the court shall terminate all judgments and encumbrances against that person and his personal assets and property for the payment of child support.
(e) When a person who is subject to a court order for child support is married to a person who is not the natural parent of the child for whom the child support payments are to be made, the assets of that spouse shall not be subject to withholding or any other encumbrance for payment of support for that child.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.