Mississippi State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| 24 district offices |
| 2. What is the name of your IV-D agency? |
| Mississippi Department of Human Services - Child Support Enforcement |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
|
Judicial to establish orders. A mixture of judicial and administrative to enforce support orders.
For Additional Information - No Link Provided |
| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, all three. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
|
Age of Majority is 21. Sections 93-5-23 & 93-11-65
For Additional Information - 
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
|
21 years of age.
For Additional Information - No Link Provided |
| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
|
No
For Additional Information - No Link Provided |
| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
|
Yes. If the parties agree, support may continue beyond the age of majority and some courts may order this if the child is disabled.
For Additional Information - No Link Provided |
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
|
A child shall be emancipated by operation of law if the child: marries; joins the military and serves on a full-time basis; or is convicted of a felony and is sentenced to incarceration of two or more years for committing such felony. A child may be emancipated by court order if the child; discontinues full-time enrollment in school having attained the age of 18 or cohabitates with another person without the approval of the parent obligated to pay support.
For Additional Information - No Link Provided |
| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No, unless ordered by judge. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| Yes. If the parties agree, support may continue beyond the age of majority and some courts may order this if the child is disabled. |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
|
General seven year statute, which begins to run when the child reaches the age of majority. However, if the support is based upon an out-of-state judgment and the obligor lives in Mississippi, the statute of limitations is three years.
For Additional Information - No Link Provided |
| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
|
21 year of age.
For Additional Information - No Link Provided |
| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
|
No. An action which adjudicates the arrearage can extend the period for collection of past due arrears. Also, a Notice of Renewal may be filed with the court and sent to the obligor pursuant to MS Code 15-1-43.
For Additional Information - No Link Provided |
4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
|
Percentage of income model.
For Additional Information - No Link Provided |
| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
|
Yes. Interest on arears is normally set at 8%. 75-17-7
For Additional Information - No Link Provided |
| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
|
No.
For Additional Information - No Link Provided |
| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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No.
For Additional Information - No Link Provided |
| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| No. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
|
For Additional Information - No Link Provided |
| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
|
No.
For Additional Information - No Link Provided |
| 7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
No.
For Additional Information - No Link Provided |
| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
|
Yes.
For Additional Information - No Link Provided |
| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
|
No.
For Additional Information - No Link Provided |
5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
|
No. The State does not petition the court for custody and visitation.
For Additional Information - No Link Provided |
| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
|
98% or greater.
For Additional Information - No Link Provided |
| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
|
MS Code 93-9-27.
For Additional Information -
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
|
Yes.
For Additional Information - No Link Provided |
| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
|
No, the signature on the acknowledgment of paternity and proper filing with the Mississippi Department of Health - Vital Records creates a legal finding of paternity.
For Additional Information - No Link Provided |
| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| No. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
|
None.
For Additional Information - No Link Provided |
| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
|
Affidavit of paternity, if one is on file.
For Additional Information - No Link Provided |
| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
|
Yes.
For Additional Information - No Link Provided |
| 9.1. Describe any circumstances under which these fees may be waived? |
|
N/A
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No. |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| Mississippi recognized common-law marriages from 1900 to 1958. It was defined as an agreement to be married combined with cohabitation or 'public assumption' by a man and a woman of the marital relation and dwelling together as such, thereby holding themselves out to the public as being man and wife. Such a marriage had to be proved by the person alleging its existence. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| The initiating jurisdiction should send one intergovernmental packet. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
|
N/A
For Additional Information - No Link Provided |
| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
|
All primary actions.
For Additional Information - No Link Provided |
| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
|
Only the noncustodial parent's income is considered.
For Additional Information - No Link Provided |
| 2.1. What documentation is required as proof/evidence of this information? |
| N/A |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
|
(a) Extraordinary medical, psychological, educational or dental expenses.
(b) Independent income of the child.
(c) The payment of both child support and spousal support to the obligee.
(d) Seasonal variations in one or both parents' incomes or expenses.
(e) The age of the child, taking into account the greater needs of older children.
(f) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
(g) The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services.
(h) Total available assets of the obligee, obligor and the child.
(i) Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.
(j) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
For Additional Information -
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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Yes, up to one year prior to the date of the filing of the action.
For Additional Information - No Link Provided |
| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
|
Proof of paternity.
For Additional Information - No Link Provided |
| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
|
One year prior to the date of the filing of the action.
For Additional Information - No Link Provided |
| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
|
No.
For Additional Information - No Link Provided |
| 5.1. What about when public assistance is not being expended? |
| No. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
|
Modification.
For Additional Information - No Link Provided |
| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
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No, provide proof of child's address/residency (length of time) such as school records.
For Additional Information - No Link Provided |
7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
|
SSI, Longshoreman.
For Additional Information - No Link Provided |
| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
|
Yes. 93-11-103
For Additional Information - No Link Provided |
| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
|
No.
For Additional Information - No Link Provided |
| 2.2. What are the withholding limits for non-employees? |
|
CCPA
For Additional Information - No Link Provided |
| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
|
$2.00
For Additional Information - No Link Provided |
| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
|
Yes. If ordered by a judge an amount for court cost fees, service of process fees, genetic testing fees, and attorney fees must be withheld and remitted to the state.
For Additional Information - No Link Provided |
| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
|
Yes.
For Additional Information - No Link Provided |
| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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The next payment of income following 14 days of receipt of income withholding order.
For Additional Information - No Link Provided |
| 6. When must an employer remit amounts withheld from an employee's pay? |
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Seven days.
For Additional Information - No Link Provided |
| 7. What are your state's sanctions for employers for not implementing income withholding? |
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Contempt action.
For Additional Information - No Link Provided |
| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
|
The employer is responsible for the child support payments not withheld plus a fine of $500.00 or in cases of collusion, $1000.00.
For Additional Information - No Link Provided |
| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
|
No
For Additional Information - No Link Provided |
| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
|
Direct income withholding form unemployment insurance benefits is not allowed under MS law. A UIFSA packet must be submitted which request w/holding from UI benefits.
For Additional Information -
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
|
No, our state's income withholding definition does not include amounts held in financial institutions.
For Additional Information - No Link Provided |
| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| MS Code 93-11-71 gives full faith and credit to judgments arising by operation of law from foreign jurisdictions. States can send a lien directly to Mississippi financial institutions. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
|
In chancery or county court.
For Additional Information - No Link Provided |
| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| The available amount is normally prorated across orders. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
(i) Federal, state and local taxes. Contributions to the payment of taxes over and beyond the actual liability for the taxable year shall not be considered a mandatory deduction;
(ii) Social security contributions;
(iii) Retirement and disability contributions except any voluntary retirement and disability contributions
(iv) If the absent parent is subject to an existing court order for another child or children, subtract the amount of that court-ordered support;
(v) If the absent parent is also the parent of another child or other children residing with him, then the court may subtract an amount that it deems appropriate to account for the needs of said child or children.
For Additional Information - No Link Provided |
| 13. When does your state require the employer to send notice of an employee's termination? |
|
There is no set time for the notice. See OMB form withholding order along with Miss. Code 93-11-111(6) that require prompt notice when the employee is no longer receiving income from the employer.
For Additional Information - No Link Provided |
| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
|
The payments are applied in the following priority - Current support, medical, spousal support, arrears, administrative fees.
For Additional Information - No Link Provided |
8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes, will pass-through the first $100 each month for current Temporary Assistance for Needy Families (TANF) recipients. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| State arrears first (PRWORA distribution). |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| Payments are prorated between the two based on the sequence of allocations and associated balance(s) for each. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
|
Payments are prorated between the arrears based on the sequence of allocations and associated balance(s) for each.
For Additional Information - No Link Provided |
9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Not applicable. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| Not applicable. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
|
The noncustodial parent must have a child support order and have delinquent support that has remained unpaid for at least 60 days after the payment is due.
For Additional Information - No Link Provided |
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| Transunion, Equifax and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Both. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| No. Account remains on non-custodial parent's account for 7 years after last date of activity if last reporting was delinquent or 10 years after last date of activity if last reporting was not delinquent (good standing). |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes, $500. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, three months delinquency or $500. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, three months delinquency or $500. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| Yes, $1,000. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| Yes, $1,000. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| Yes. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Both, MDHS initiates the process administratively, and the law provides the non-custodial parent a judicial method to contest. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
|
Yes, generally do not pursue retirement accounts.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Centralized. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| The law only requires that the non-custodial parent be delinquent, but it is MDHS policy to limit such actions to cases with arrears $1000 or greater and at least $1,500.00 in the financial institution. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
|
Yes. Pursuant to MS Code 93-11-71 child support orders shall be given full faith and credit in this state.
For Additional Information - No Link Provided |
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| Attachments may be mailed via certified mail directly to the financial institution. Other agencies may also request MDHS assistance by sending a Transmittal 3, and by emailing the request to cselegal.unit@mdhs.ms.gov. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
|
No.
For Additional Information - No Link Provided |
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
|
No, Mississippi only requires notice be sent to the noncustodial parent at the commencement of the action. MS Code 43-19-48.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
|
Pursuant to MS Code 43-19-48 the financial institution must hold the funds for 45 days, or until such time that MDHS has prevailed in court if a challenge was filed.
For Additional Information - No Link Provided |
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
|
Yes, pursuant to MS Code 43-19-48 the financial institution must hold the funds for 45 days, or until such time that MDHS has prevailed in court if a challenge was filed. MDHS notifies the financial institution if a challenge has been filed.
For Additional Information - No Link Provided |
| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
|
All funds held in financial institutions are subject to the lien up to the amount of arrears owed by the noncustodial parent. It is not different for joint accounts. However, MDHS policy allows for review of bank records to determine credit for percentage actually owned by the joint account holder
For Additional Information - No Link Provided |
| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
|
Within the 45 day holding period, the noncustodial parent or an account holder of interest may file a petition with the court challenging the encumbrance for 1) mistakes of identity, or 2) mistakes in the amount of overdue support. MS Code 43-19-48(5)
For Additional Information - No Link Provided |
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
|
Yes. While non-liquid assets are subject to execution, there is no special or expedited procedure for IV-D enforcement, so we would have to travel under generally applicable law.
For Additional Information - No Link Provided |
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
The non-custodial parent must be at least one month in arrears. METSS automatically identifies and sends the non-custodial parent a
90-day notice informing them of their right to request a review and initiate an agreement to comply with court order. After the 90 days, if there is no contact from the non-custodial parent, their license can be suspended.
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| The non-custodial parent must pay the current obligation plus an additional lump sum of 3 times the current obligation and sign a delinquent stipulated agreement for an additional payment amount towards the arrears balance owed. Hardship exemptions or agreements are determined by the Child Support Attorney on a case-by-case basis. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| No. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| Criteria is same as above. Education, Medical, Cosmetology, Auctioneers, Alcohol/Beverage Control, Funeral Services, Insurance, and Engineers & Land Surveyors. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| Same as above. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| Same as above. Hunting & Fishing. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| Same as above. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
One month in arrears.
For Additional Information - No Link Provided |
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Both. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes, both.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes. The initial procedure is administrative, but the administrative action can be challenged via a judicial process. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, lottery lump sum and annuity payments are included. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| N/A |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| N/A |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every three years.
For Additional Information - No Link Provided |
| 2. What is your state's modification procedure? Briefly describe. |
|
On written request of the non-custodial or custodial parent. TANF cases are automatically reviewed for modification.
For Additional Information - No Link Provided |
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
A review of all case information is completed and a determination is made if there has been a 25% change in circumstances. If so, a petition for modification is filed and completed within 180 days.
For Additional Information - No Link Provided |
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| No. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
| No. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
"change in circumstance" is determined by caselaw and can include a variety of factual scenarios.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
No.
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
"any form of income paid to an individual at other than regular intervals or a payment made upon a particular occasion regardless of frequency that is dependent upon meeting a condition precedent, including, but not limited to, the performance of a contract, commission paid outside of and in addition to a person's regular pay cycle, the satisfaction of a job performance standard or quota, the receipt of a seasonal or occasional bonus or incentive payment, the liquidation of unused sick or vacation pay or leave, the settlement of a claim, an amount paid as severance pay, or an award for length of service."
For Additional Information - No Link Provided |
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
Yes. Miss Code Ann. Section 93-11-103(13)
For Additional Information - No Link Provided |
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Notice of Lien |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| Yes. Case-by-case basis. A chancellor may order a NCP to pay court costs, service of process fees, genetic testing fees, and attorneys fees. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| Noncustodial parent. |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Yes. If requested, we will ask it to be ordered. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| 3.1. Is it retained by the state from support collected? |
| Yes. |
| 3.2. Is it paid by the individual applying for child support services? |
| Yes. |
| 3.3. Is it recovered from the noncustodial parent? |
| No. |
| 3.4. Is it paid by the state out of its state funds? |
| No. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No.
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| There are no statutory criteria, other than being at least 30 days in arrears. |
| 3. What process does your state use to intercept insurance payments? |
|
1. Electronically file a Notice of Lien, IWO, and Statement of Accounting with the Workers Compensation Commission, send copies to the insurance carrier, obligor and obligor's attorney, if known.
2. Mail a Notice of Lien and Statement of Accounting to the insurance carrier, with copies to the obligor and obligor's attorney, if known.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your states workers compensation agency? |
|
Notice of lien.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes to both. |
| 3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| No. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes, upon request. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
If there is an open IV-D case, then MDHS will assist upon proper request. If there is not an open IV-D case, then you must contact the clerk of the court where the order was entered.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
If there is an open IV-D case, then MDHS will provide upon proper request. If there is not an open IV-D case, then such a record is likely non-existent.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
93-25-101 et. al, Mississippi Code of 1972, as amended.
For Additional Information -
|
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
A court, administrative agency, or quasi-judicial entity authorized to establish,
enforce, or modify support orders or to determine parentage of a child.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| One. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| None. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. |
19. International Information For Hague Convention Countries
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
|
Yes. A request for registration can be accompanied by an abstract or extract of the support order in lieu of the complete text per 93-25-706. Records must be in original language, and if not in English, accompanied by an English translation. 93-25-713
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| Yes. All pleading and documents. |
| 3. What methods of personal service does your state use? |
| The state uses local sheriff's offices, constables, and private process servers. Service of process is perfected when 1) a process server personally delivers the summons and complaint/petition to the defendant, or 2) a process server delivers the summons and complaint to a family member above the age of sixteen at the defendant's residence and ten day elapses after a copy of the summons and complaint/petition is mailed of the defendant's residential address. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
under the following circumstances: 1) extraordinary medical, psychological, educational or dental expenses; 2) independent income of the child; 3) the payment of both child support and spousal support to the obligee; but the 4) seasonal variations in one or both parents' incomes or expenses; 5) the age of the child, taking into account the greater needs of older children; 6) special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines; 7) the particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services; 8) total available assets of the obligee, obligor and the child; 9) payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee; 10) any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
For Additional Information - No Link Provided |
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| No. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
1) The child is declared emancipated by court order. 2) The child marries. 3) The child enters into military service and serves on a full-time basis. 4) The child is convicted of a felony and sentenced to be incarcerated for two or more years. See Miss. Code Ann. section 93-11-65(8).
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Payments are disbursed by check. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| None. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Yes. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| Yes. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
Mississippi offers full services to the Mississippi Band of Choctaw Indians.
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| Yes. |