DOES ANYBODY ACTUALLY DO THIS?

May 10, 2012 § 7 Comments

The following is from the “Attorney Check List” section of the Civil Filing Form Instructions in the Uniform Data Collection Procedures (UDCP) mandated by the MSSC:

“In accordance with the Federal Social Security Act, Titla IV-D, §§ 454(2)(A) and 454A(e)(4), and Miss. Code Ann. § 43-19-31(l)(iii) (Supp. 2000), cases wherein child support is sought must provide the name, date of birth and Social Security number for all parties to the case to the State’s repository for this information (in Mississippi, the Department of Human Services). If child support is contemplated at the time of the initial pleading, filing party must complete Child Support Information Sheet. Initial pleadings wherein child support is contemplated must include this sheet prior to the clerk’s admitting the pleadings for suit; if, at any time after filing initial pleadings, child support becomes an issue and this sheet has not been submitted as part of the Court file, attorney for Plaintiff shall provide the completed form for the Court’s file. Any information not provided at the time of filing, but discovered at a later time up to disposition of the case, may be reflected in a more complete form being filed with the clerk’s office for the court file. The Child Support Information Sheet shall be submitted by the clerk to the AOC along with the disposition form … ” [Emphasis in original]

Do you know anybody who complies with this? The first MSSC order adopting UDCP and mandating reporting was in 1993, and the last amendment was ordered in 2001. Never during the time that I practiced law did I offer such a form to a clerk, either before or after initiating a suit, and I do not know of anyone else who did. I asked a clerk whether she had ever had a lawyer submit such a form, or whether she or the other clerks had ever refused to file pleadings for failure to submit the form, and the answer was negative on both counts. She also said that AOC has never raised the issue.

On another similar tack, we in the 12th District have required Wage Withholding Orders to be submitted in every child support case since they came to be in the 1980’s. Judge Warner insisted on it, and we did it, and continue to do it. Judges in other districts have told me that they not only do not require them, but that their predecessors did not.

All of this probably falls under the category of letting sleeping dogs lie, and I will. I just found these curious.

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