Section 93-25-704 – Initiation by the Department of Human Services of support proceeding under Convention

May 13, 2021 | Family Law, Mississippi

(a) In a support proceeding under this article, the Department of Human Services of this state shall:

(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the Convention:

(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under Section 93-25-708(b) (2), (4), or (9);
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Miss. Code ยง 93-25-704

Added by Laws, 2015, ch. 367, SB 2301, 1, eff. 7/1/2015.