As Amended
SEC. 93-11-71. Judgment for overdue child support.
Whenever a court orders any person to make periodic payments 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, the person to whom such payments are owed, or his legal representative, shall, upon complaint filed with any court of competent jurisdiction, be entitled to judgment against the obligor in such amount as the court determines to be equal to all such payments which are then due and owing. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case. Any judgment obtained under the provisions of this section shall, when entered on the judgment roll, operate as a lien upon all the property of the judgment debtor, both real and personal, within each county, or judicial district of a county having two (2) judicial districts, where so enrolled; and such judgment may be executed upon and enforced in the same manner and to the same extent as any other judgment.
SOURCES: Laws, 1985, ch. 518, Sec. 13, eff from and after July 1, 1985.
1997 Amendment:
SECTION 134. 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 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, the person to whom such payments are owed, or his legal representative, shall be entitled to a judgment against the obligor in such amount as * * * is equal to all such payments which are then due and owing. * * *
(2) Any judgment obtained under the provisions of this section shall * * * operate as a lien upon all the property of the judgment debtor, both real and personal * * *. Such judgment shall be entered on the judgment roll by means of sworn documentation of delinquent child support. 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) Any judgment obtained under the provisions of this section shall subject the following assets to interception or seizure without regard to the entry of such 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;
(c) Assets held in financial institutions;
(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.
SOURCE: 1997 Laws, Chapter 588, Sec. 134, SB2164, Effective July 1, 1997.