53-4-248. Parents liable to department for public assistance payments. (1) A payment of public assistance money made to or for the benefit of a dependent child creates a debt due and owing to the department by the natural or adoptive parents who are legally responsible for the support of the child by statute or court decree in an amount equal to the amount of public assistance paid. However, where the support obligation is based upon a court decree, the debt is limited to the amount of the court decree.

(2) The department is subrogated to the right of the child or person having the care, custody, and control of the child to prosecute any support action or execute any administrative remedy existing under the laws of the state to obtain reimbursement of any money expended. If a court decree enters judgment for an amount of support to be paid by an obligor parent, the department is subrogated to the debt created by the order and the money judgment is in favor of the department. An obligee may not commence an action to recover support due and owing to the obligee without first filing an affidavit with the court stating whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the obligee has notified the department in writing of the pending action.

(3) A debt arising under this section may not be incurred by or collected from a parent or other person while the parent or other person is the recipient of public assistance money for the benefit of minor dependent children.

(4) The remedies provided in this section are in addition to and not in lieu of existing common law and statutory law.

(5) The department or its legal representatives may, at any time consistent with the income, earning capacity, and resources of the debtor, petition the court having jurisdiction over the particular case to set or reset a level and schedule of payments to be paid upon the debt.

History: En. 71-511 by Sec. 1, Ch. 368, L. 1974; amd. Sec. 4, Ch. 379, L. 1977; R.C.M. 1947, 71-511; amd. Sec. 29, Ch. 486, L. 1997.