SEC. 93-11-107. Petition to stay service; notice of hearing.

(1) The obligor may prevent an order for withholding from being served by filing a petition to stay service with the clerk of the court within ten (10) days after service of the notice of delinquency; however, the grounds for the petition to stay service shall be limited to mistakes of fact that make the withholding improper or the amount of the withholding incorrect.

(2) The clerk of the court shall notify the obligor, and the obligee or the department, as appropriate, of the time and place of the hearing on the petition to stay service. The court shall hold such hearing pursuant to the provisions of Section 93-11-113.

(3) Filing of a petition to stay service, within the ten-day period required under this section, shall prohibit the clerk of the court from serving the order for withholding on any payor of the obligor until a hearing is afforded the obligor and it is determined by the court that the contested order for withholding is proper.

SOURCES: Laws, 1985, ch. 518, Sec. 4, eff from and after July 1, 1985.

1997 Amendment:

Repealed.

SOURCE: 1997 Laws, Chapter 588, Sec. 8, SB2164, Effective July 1, 1997.