SEC. 93-12-3. Documentation required; procedure to enter support order; order for withholding.
(1) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (2) of this section from another jurisdiction, the department shall file these documents with the clerk of the court in which an order for withholding is being sought. The clerk of the court shall accept the documents filed, and such acceptance shall constitute entry of the support order under Sections 93-12-1 through 93-12-21.
(2) The following documentation is required for the entry of a support order of another jurisdiction:
(a) A certified copy of the support order with all modifications;
(b) A certified copy of an order for withholding income, if any, still in effect;
(c) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining an order for withholding under the law of that jurisdiction;
(d) A sworn statement of the obligee or a certified statement of the agency of the arrearages and the assignment of support rights, if any;
(e) A statement of:
(i) The name, address and Social Security number of the obligor;
(ii) The name and address of the obligor's payor in this state upon which an order for withholding is sought; and
(iii) The name and address of the agency or person to whom support payments collected by the order for withholding shall be transmitted.
(3) If the documentation received under subsection (1) of this section does not conform to the requirements of subsection (2) of this section, the department shall remedy any defect which it can without the assistance of the requesting agency or person, if the department is unable to make such corrections, the requesting agency or person shall immediately be notified of the necessary additions or corrections.
(4) A support order entered pursuant to subsection (1) of this section shall be enforceable by an order for withholding against income derived in this state, in the manner and with the effect as a support order issued in this state pursuant to Sections 93-11-101 through 93-11-119, Mississippi Code of 1972. Entry of the order for withholding shall not confer jurisdiction on the courts of this state for any purpose other than matters relating to the order for withholding.
SOURCES: Laws, 1988, ch. 480, Sec. 2; 1989, ch. 371, Sec. 1, eff from and after July 1, 1989.
1997 Amendment:
Sections 93-11-1, 93-11-3, 93-11-5, 93-11-7, 93-11-9, 93-11-11, 93-11-13, 93-11-15, 93-11-17, 93-11-19, 93-11-21, 93-11-23, 93-11-25, 93-11-27, 93-11-29, 93-11-31, 93-11-33, 93-11-35, 93-11-37, 93-11-39, 93-11-41, 93-11-43, 93-11-45, 93-11-47, 93-11-49, 93-11-51, 93-11-53, 93-11-55, 93-11-57, 93-11-59, 93-11-61, 93-11-63, 93-12-1, 93-12-3, 93-12-5, 93-12-7, 93-12-9, 93-12-11, 93-12-13, 93-12-15 and 93-12-21, Mississippi Code of 1972, which provide for and constitute the Uniform Reciprocal Enforcement of Support Law of Mississippi and the Enforcement of Child Support Orders from Foreign Jurisdictions Law, are repealed.
SOURCE: 1997 Laws, Chapter 588, Sec. 131, SB2164, Effective July 1, 1997.