Bill Text: MS HB1482 | 2024 | Regular Session | Introduced
Bill Title: Child support; authorize certain unemancipated minors to bring suit against parents for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1482 Detail]
Download: Mississippi-2024-HB1482-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary A
By: Representative Anderson (110th)
House Bill 1482
AN ACT TO AUTHORIZE AN UNEMANCIPATED MINOR CHILD UNDER THE AGE OF EIGHTEEN TO BRING A SUIT FOR SUPPORT AGAINST THE CHILD'S PARENT OR PARENTS IN THE CHANCERY COURT OF THE COUNTY IN WHICH THE CHILD RESIDES; TO AUTHORIZE THE COURT TO ENTER AN ORDER FOR SUPPORT AND IN CERTAIN CASES, REQUIRE A TRUSTEE TO BE NAMED FOR RECEIVING PAYMENTS; TO SPECIFY WHEN THE ORDER FOR SUPPORT TERMINATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) An unemancipated minor child under the age of eighteen (18) years in the State of Mississippi may initiate a suit for support in the chancery court of the county in which the child resides and name as defendants the child's parent or parents. In cases where a minor child has been adopted by decree of the court, the adoptive parent or parents must be named as defendants in lieu of the natural parents. Where the custody and control of a minor child has been awarded by a decree of court to one (1) of the parents, whether natural or adoptive, to the exclusion of the other, the minor child, in the child's determination, may name as the defendant only the parent to whom the custody and control has been awarded.
(2) Whenever a suit is filed under subsection (1) of this section, the chancery court has jurisdiction to entertain the suit and to hear and determine all matters relating to the suit. If the chancellor determines that it is in the best interest of the minor child to issue an order of support, the order must specify the sum to be paid weekly or otherwise. The court may require bond, sureties or other guarantee, if need be, to secure any order for periodic payments for the support of the minor child.
(3) If one (1) parent of the minor child has been awarded custody of the minor child, the court may require the payment of support to be made by the noncustodial parent to the custodial parent.
(4) The court may require the payment of support for a minor child to be made to some person or corporation to be designated by the court as trustee, but if the child or parents or custodial parent, if one (1) has been awarded custody, is receiving public assistance, the Mississippi Department of Human Services must be made the trustee.
(5) Where the evidence shows that both parents have separate incomes, the court may require each parent to contribute to the support of the minor child in proportion to the relative financial ability of each.
(6) Unless otherwise provided in the order for support, the duty of support of a minor child arising from an order issued under this section terminates whenever the child:
(a) Attains the age of eighteen (18) years;
(b) Marries;
(c) Joins the military and serves on a full-time basis; or
(d) Is convicted of a crime and sentenced to serve a period of incarceration during which time the minor child will attain eighteen (18) years of age.
(7) A duty to pay support arising from an order issued under this section must be suspended during any period of incarceration of a minor child before the child's eighteenth birthday.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
