Mississippi HB 50: Child support for pregnant women; provide authority to allow court to order.

Bill Text

H. B. No. 50 *HR26/R926* ~ OFFICIAL ~ G1/2
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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Representative Currie

HOUSE BILL NO. 50

AN ACT TO AUTHORIZE COURT-ORDERED SUPPORT FOR PREGNANT WOMEN 1
OUT OF LAWFUL MATRIMONY; TO AMEND SECTION 93-9-3, MISSISSIPPI CODE 2
OF 1972, TO CLARIFY THE AUTHORITY OF THE CHANCERY COURT TO AWARD 3
SUPPORT TO PREGNANT WOMEN OUT OF MATRIMONY; TO DEFINE UNBORN 4
CHILD; TO AMEND SECTION 93-9-7, MISSISSIPPI CODE OF 1972, TO 5
PROVIDE THAT THE OBLIGATIONS OF THE FATHER EXTEND TO THE SUPPORT 6
OF THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-9, 7
MISSISSIPPI CODE OF 1972, TO INCLUDE PETITIONS FOR THE SUPPORT OF 8
THE MOTHER OF AN UNBORN CHILD; TO AMEND SECTION 93-9-11, 9
MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF 10
SUPPORT FROM A FATHER; TO AMEND SECTION 93-9-13, MISSISSIPPI CODE 11
OF 1972, TO REVISE THE LIMITATION ON RECOVERY OF SUPPORT FROM A 12
FATHER'S ESTATE; TO AMEND SECTION 93-9-19, MISSISSIPPI CODE OF 13
1972, TO REMOVE THE PROHIBITION THAT PREGNANCY HALTS THE CUSTODY 14
OR SUPPORT HEARINGS; TO AMEND SECTION 93-9-28, MISSISSIPPI CODE OF 15
1972, TO REVISE THE PROCEDURES FOR VOLUNTARY ACKNOWLEDGEMENT OF 16
PATERNITY; TO AMEND SECTION 93-9-29, MISSISSIPPI CODE OF 1972, TO 17
PROVIDE THAT A COURT ORDER MAY INCLUDE THE SUPPORT OF THE MOTHER 18
OF AN UNBORN CHILD; TO AMEND SECTION 93-9-35, MISSISSIPPI CODE OF 19
1972, TO INCLUDE THE SUPPORT OF THE MOTHER OF AN UNBORN CHILD AS A 20
RESPONSIBILITY OF THE FATHER OF THE CHILD; TO AMEND SECTION 21
93-11-65, MISSISSIPPI CODE OF 1972, TO INCLUDE EXPENSES TO THE 22
PREGNANT MOTHER IN THE CUSTODY PROVISIONS; TO AMEND SECTION 23
93-11-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ORDER OF 24
CHILD SUPPORT CAN INCLUDE SUPPORT OF THE PREGNANT MOTHER; TO AMEND 25
SECTIONS 93-11-101 AND 93-11-153, MISSISSIPPI CODE OF 1972, TO 26
INCLUDE SUPPORT OF THE PREGNANT MOTHER IN THE ORDER OF SUPPORT; TO 27
AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 1972, TO REVISE THE 28
DUTIES OF THE CHILD SUPPORT UNIT TO INCLUDE THE SUPPORT OF 29
PREGNANT WOMEN; TO AMEND SECTION 43-19-33, MISSISSIPPI CODE OF 30
1972, TO PROVIDE THAT THE STIPULATED AGREEMENT BETWEEN A FATHER 31
AND THE PREGNANT WOMAN OF HIS UNBORN CHILD MAY INCLUDE THE SUPPORT 32
OF THE MOTHER; TO AMEND SECTION 43-19-35, MISSISSIPPI CODE OF 33
1972, TO INCLUDE PREGNANT MOTHERS WHO RECEIVE GOVERNMENTAL 34

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ASSISTANCE UNDER THE JURISDICTION OF THE CHILD SUPPORT UNIT; TO 35
AMEND SECTION 43-19-101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE 36
THE COURT TO CONSIDER THE EXPENSES TO THE PREGNANT MOTHER FOR 37
CHILD SUPPORT; TO BRING FORWARD SECTION 93-9-15, MISSISSIPPI CODE 38
OF 1972, WHICH PROVIDES FOR THE JURISDICTION OF THE COURTS TO 39
PROVIDE REMEDIES FOR SUPPORT ORDERS INCLUDING PREGNANCY, FOR 40
PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 93-9-21, 41
MISSISSIPPI CODE OF 1972, WHICH PROVIDES BLOOD TESTS FOR PATERNITY 42
TESTING, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 43
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 44
SECTION 1. (1) The court-ordered awards for pregnant women 45
shall, at a minimum, cover the medical expenses of the pregnant 46
mother during the pregnancy, the post pregnancy medical care of 47
the mother for no less than two (2) years after the birth of the 48
child, including any mental or dietary needs of the mother of the 49
child that can be reasonably traced by a physician as a result of 50
the mother having giving birth. The award guidelines described in 51
this section shall be a rebuttable presumption in all judicial or 52
administrative proceedings regarding the awarding or modifying of 53
support for mothers with unborn children out of wedlock in this 54
state. 55
(2) The guidelines provided for in subsection (1) of this 56
section apply unless the judicial or administrative body awarding 57
the support award makes a written finding or specific finding on 58
the record that the application of the guidelines would be unjust 59
or inappropriate in a particular case. 60
(3) The amount of "adjusted gross income" for any father 61
against whom the support award is ordered shall be calculated as 62
follows: 63

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(a) Determine gross income from all potential sources 64
that may reasonably be expected to be available to the absent 65
parent including, but not limited to, the following: wages and 66
salary income; income from self-employment; income from 67
commissions; income from investments, including dividends, 68
interest income and income on any trust account or property; 69
absent parent's portion of any joint income of both parents; 70
workers' compensation, disability, unemployment, annuity and 71
retirement benefits, including an Individual Retirement Account 72
(IRA); any other payments made by any person, private entity, 73
fed