SEC. 93-11-113. Hearings; interim orders; modification suspension, or termination of orders.
(1) When an obligor files a petition to stay service, the court, after due notice to all parties, shall hear the matter within twenty (20) days after such petition is filed and shall enter an order granting or denying relief, amending the notice of delinquency, or otherwise resolving the matter. If the court finds no mistakes of fact that make the withholding improper the court shall order immediate service of the order for withholding. Where the court cannot promptly resolve any dispute over the amount of the delinquency, the court may order immediate service of the order for withholding as to any undisputed amounts specified in an amended notice of delinquency and may continue the hearing on the disputed amounts.
(2) At any time, an obligor, obligee, the department or clerk of the court may petition the court to:
(a) Modify, suspend or terminate the order for withholding because of a modification, suspension or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to reflect payment in full of the delinquency by income withholding or otherwise; or
(c) Suspend the order for withholding because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.
(3) The clerk shall serve on the payor, by certified mail or personal delivery, a copy of any order entered pursuant to this section that affects the duties of the payor.
(4) The order for withholding shall continue to be binding upon the payor until service of any order of the court entered under this section.
SOURCES: Laws, 1985, ch. 518, Sec. 7, eff from and after July 1, 1985.
1997 Amendment:
SECTION 11. Section 93-11-113, Mississippi Code of 1972, is amended as follows:
93-11-113.
* * *
(1) At any time, an obligor, obligee, the department or clerk of the court may petition the court to:
(a) Modify, suspend or terminate the order for withholding because of a modification, suspension or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to reflect payment in full of the delinquency by income withholding or otherwise; or
(c) Suspend the order for withholding because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.
(2) The clerk shall serve on the payor, by first class mail or personal delivery, a copy of any order entered pursuant to this section that affects the duties of the payor.
(3) The order for withholding shall continue to be binding upon the payor until service of any order of the court entered under this section.
SOURCE: 1997 Laws, Chapter 588, Sec. 11, SB2164, Effective July 1, 1997.
Note: 1997 Laws, Chapter 588, Sec. 150, states as follows:
SECTION 150. Any person or entity shall be absolutely immune from any liability arising from compliance with the dictates of this act unless such conduct by the person or entity is willful and intentional.