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MS SB2262

Bill

Status

Passed

4/15/2024

Primary Sponsor

Brice Wiggins

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Origin

Senate

2024 Regular Session

AI Summary

  • Modifies Section 43-19-34 of Mississippi Code to limit retroactive child support modifications to only apply from the date notice of the modification petition was given to the obligee or obligor.

  • Eliminates previous language allowing upward retroactive modifications to the date of the event justifying the increase, aligning state law with federal policy and current Department of Human Services practice.

  • Requires the Department of Human Services to send modification notices by certified mail with restricted delivery and return receipt requested, with the option for personal service under Mississippi Rules of Civil Procedure.

  • Allows defendants to accept proposed modifications by signing and returning them before the hearing date, or the court will review and determine approval at the scheduled hearing.

  • Maintains the three-year review cycle for child support modifications without requiring proof of material change in circumstances, and specifies that arrearages cannot bar downward modifications determined appropriate under state guidelines.

Legislative Description

Child support; revise provision related to in order to mirror current DHS practice and federal requirements.

Last Action

Approved by Governor

4/15/2024

Committee Referrals

Youth and Family Affairs3/18/2024
Judiciary, Division A2/6/2024

Full Bill Text

No bill text available