SEC. 93-11-109. Service of order for withholding; prerequisites.

(1) In order to serve an order for withholding that is effective upon delinquency upon a payor, an obligee or the department shall follow the procedures set forth in this section. After ten (10) days following service of the notice of delinquency, the obligee or department shall file with the clerk of the court an affidavit, with the copy of the notice of delinquency attached thereto, stating:

(a) That the notice of delinquency has been duly served and the date on which service was effected; and

(b) That the obligor has not filed a petition to stay service.

(2) Upon request of the obligee or the department, the clerk of the court shall:

(a) Make available any record of payment; and

(b) Determine that the file contains a copy of the affidavit described in subsection (1) of this section.

(3) Once the clerk has determined that the statutory requirements for service of the notice of delinquency and order for withholding have been met, the clerk or the obligee's attorney shall serve such notice of delinquency and order for withholding on the payor, its superintendent, manager or other agent by certified mail or personal delivery.

(4) The clerk of the court or the obligee's attorney may serve such notice of delinquency and order for withholding by certified mail or personal delivery on any subsequent payor, superintendent, manager or agent, as the case may be, regardless of the time period of unemployment between employers of the obligor or the amount of payment in arrears.

SOURCES: Laws, 1985, ch. 518, Sec. 5; 1992, ch. 527, Sec. 1, eff from and after July 1, 1992.

1997 Amendment:

Repealed.

SOURCE: 1997 Laws, Chapter 588, Sec. 9, SB2164, Effective July 1, 1997.