§ 93-25-307. Duties of support enforcement agency

MS Code § 93-25-307 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) In a proceeding under this chapter, a support enforcement agency of this state, upon request:

(1) Shall provide services to a complainant residing in a state;

(2) Shall provide services to a complainant requesting services through a central authority of a foreign country as described in Section 93-25-102(5) (A) or (D); and

(3) May provide services to a complainant who is an individual not residing in a state.

(b) A support enforcement agency of this state that is providing services to the complainant as appropriate shall:

(1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the defendant;

(2) Request an appropriate tribunal to set a date, time and place for a hearing;

(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) Within two (2) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the complainant;

(5) Within two (2) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a communication in a record from the defendant or the defendant’s attorney, send a copy of the communication to the complainant; and

(6) Notify the complainant if jurisdiction over the defendant cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(1) To ensure that the order to be registered is the controlling order; or

(2) If two (2) or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this state that requests registration and enforcement of a child-support order, arrearages or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrearages and interest if requested to do so by a support enforcement agency of another state pursuant to Section 93-25-319.

(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.