Child support; withhold gaming winnings of persons who have outstanding child support arrearages.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Michel, Younger, Blount,
DuPree, Gillespie Isom

SENATE BILL NO. 2369

AN ACT TO AMEND SECTION 43-19-31 AND TO CODIFY SECTION 1
43-19-63, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE 2
MISSISSIPPI GAMING COMMISSION AND THE MISSISSIPPI DEPARTMENT OF 3
HUMAN SERVICES TO PROMULGATE RULES AND REGULATIONS PROVIDING FOR 4
THE WITHHOLDING OF GAMING WINNINGS OF PERSONS WHO HAVE OUTSTANDING 5
CHILD SUPPORT ARREARAGES; TO AUTHORIZE GAMING LICENSEES TO CHARGE 6
AN ADMINISTRATIVE FEE UPON THE WINNINGS OF PERSONS WHO HAVE 7
OUTSTANDING CHILD SUPPORT ARREARAGES; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 43-19-31, Mississippi Code of 1972, is 10
amended as follows: 11
43-19-31. The Department of Human Services is hereby 12
authorized and empowered to establish a single and separate Child 13
Support Unit for the following purposes: 14
(a) To develop and implement a nonsupport and paternity 15
program and institute proceedings in the name of the Department of 16
Human Services or in the name of the recipient in any court of 17
competent jurisdiction in any county where the mother of the child 18
resides or is found, in the county where the father resides or is 19
found, or in the county where the child resides or is found; 20
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(b) To secure and collect support by any method 21
authorized under state law and establish paternity for any child 22
or children receiving aid from the department any form of public 23
assistance, including, but not limited to, medical assistance, 24
foster care, food stamps, TANF, or any other program under the 25
federal Social Security Act, from a parent or any other person 26
legally liable for such support who has either failed or refused 27
to provide support, deserted, neglected or abandoned the child or 28
children, including cooperating with other states in establishing 29
paternity, locating absent parents and securing compliance with 30
court orders for support of Temporary Assistance for Needy 31
Families (TANF) children; the department may petition the court 32
for the inclusion of health insurance as part of any child support 33
order on behalf of any child receiving aid from the department 34
unless good cause for noncooperation, as defined by the Social 35
Security Act or the Mississippi Department of Human Services, is 36
established. Unless notified to the contrary, whenever a child or 37
children for whom child support services have been provided ceases 38
to receive public assistance, the department will continue to 39
provide services and establish paternity, secure and collect such 40
support payments from a parent or any other person legally liable 41
for such support in accordance with the standards prescribed 42
pursuant to the federal Social Security Act; 43
(c) To accept applications for child support 44
enforcement services to establish paternity, secure and collect 45
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support from any proper party or person as defined by Title IV-D 46
of the federal Social Security Act notwithstanding the fact that 47
the child or children do not currently receive or have never 48
received public assistance. The department shall have the 49
authority to secure and collect support by any method authorized 50
under state law and establish paternity for any child or children 51
on behalf of a recipient of child support services, including 52
individuals who do not currently receive or have never received 53
public assistance from a parent or any other person legally liable 54
for such support who has either failed or refused to provide 55
support, deserted, neglected or abandoned the child or children, 56
including cooperating with other states in establishing paternity, 57
locating absent parents and securing compliance with court orders 58
for support; the department may petition the court for the 59
inclusion of health insurance as part of any child support order 60
on behalf of such recipients of child support services. The 61
proceeds of any collections resulting from such application shall 62
be distributed in accordance with the standards prescribed in the 63
federal Social Security Act; 64
(d) The department shall seek to recover from the 65
individual who owes a support obligation to any individual who is 66
a recipient of Title IV-D services as set forth in paragraph (b) 67
or (c) on whose behalf the department is providing services, upon 68
judicial proceedings conducted thereon after advance notice to 69
such obligor, reasonable attorney's fees and court costs, in 70
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excess of any administrative fees collected and in excess of 71
amounts of current support owed by the obligor, which the 72
department incurs in recovering and collecting the support 73
obligation, such costs and fees as the department recovers to be 74
deposited in the Special Fund of the Mississippi Department of 75
Human Services which is hereby established for the pursuit and 76
collection of child support; 77
(e) To initiate contempt of court proceedings or any 78
other remedial proceedings necessary to enforce (i) any order or 79
decree of court relating to child support, and (ii) any order or 80
decree of court relating to the maintenance and/or alimony of a 81
parent where support collection services on his or her child's 82
behalf are being provided by the department; 83
(f) To secure and collect by any method authorized 84
under state law any maintenance and/or alimony on behalf of a 85
parent whose child or children's support is being collected by the 86
department. The department shall collect only such maintenance 87
and/or alimony as is ordered or decreed by the court, and only in 88
the event that the minor child and parent to whom such maintenance 89
and/or alimony has been ordered are living in the same household; 90
(g) To obtain restitution of monies expended for public 91
assistance from a parent or any other person legally liable for 92
the support of any child or children receiving aid from the 93
department; said action for restitution shall arise from the 94
payment of public assistance for the dependent child or children 95
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and shall be for the amount of the public assistance paid. Said 96
action for restitution shall not arise against the parent or other 97
person legally responsible who receives public assistance for the 98
benefit of any dependent child or children. When a court order of 99
support has been issued, the amount recoverable shall be limited 100
to the amount of the court order; 101
(h) Setting off against a debtor's income tax refund or 102
rebate any debt which is in the form of a liquidated sum due and 103
owing for the care, support or maintenance of a child; 104
(i) To have full responsibility in the aforementioned 105
cases for initiating actions under the Uniform Interstate Family 106
Support Act and for responding to the actions of other 107
jurisdictions under said law when Mississippi is the responding 108
state; however, this shall not impair private litigants' rights to 109
proceed under any applicable interstate enforcement mechanisms; 110
(j) To enter into contracts for the purpose of 111
performing any test which the department may, from time to time, 112
require; 113
(k) To maintain a Central Receipting and Disbursement 114
Unit to which all payments required by withholding orders and 115
orders for support in all actions to which the Department of Human 116
Services is a party shall be forwarded, and from which child 117
support payments ordered by the court in actions to which the 118
Department of Human Services is a party shall be disbursed to the 119
custodial parent or other such party as may be designated by the 120
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court order. The Central Receipting and Disbursement Unit shall 121
be operated by the Department of Human Services or any financial 122
institution having operations and qualified to do business in 123
Mississippi, whose deposits are insured by the Federal Deposit 124
Insurance Corporation. The department shall conduct cost-benefit 125
analyses to determine and utilize the more cost efficient manner 126
of operating the unit; 127
(l) To maintain a Mississippi Department of Human 128
Services Case Registry containing records with respect to: 129
(i) Each case in which services are being provided 130
by the department under this section; 131
(ii) Each support order established or modified in 132
Mississippi on or after October 1, 1998; and 133
(iii) The Administrative Office of Courts, as 134
established by Section 9-21-1, Mississippi Code of 1972, in 135
consultation with the Mississippi Department of Human Services, 136
shall devise, promulgate and require the use of a Uniform Child 137
Support Order Tracking System. 138
1. Information collected from case filing 139
forms shall be furnished to the Mississippi Department of Human 140
Services, Division of Child Support Enforcement, in order that 141
compliance with court-ordered obligations of support may be 142
tracked with specificity throughout the duration of said 143
obligations and any subsequent proceedings. 144
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2. Such tracking system shall include: a. 145
the names, residential and mailing addresses, telephone numbers, 146
Social Security numbers, driver's license numbers and dates of 147
birth of each child and parent named in or subject to the court 148
order; b. the court cause number of the action; c. name, address 149
and telephone number of employer; d. any restraining or protective 150
order indicating domestic violence; and e. any other information 151
which may be used for the purpose of identifying any person named 152
in or subject to the order or for the purposes of establishing, 153
enforcing or modifying a child support order; 154
(m) To take administrative actions relating to genetic 155
testing, determine paternity, establish child support orders, 156
modification of child support orders, income withholding, liens 157
and subpoenas without the necessity of obtaining an order from any 158
judicial or other administrative tribunal with respect to cases 159
initiated or enforced by the department pursuant to Title IV-D of 160
the Social Security Act; 161
(n) To have the authority to use high-volume automated 162
administrative enforcement in interstate cases to the same extent 163
as used for intrastate cases, in response to a request made by 164
another state to enforce support orders; 165
(o) To provide any child support enforcement or other 166
service as may be required or permitted by the United States of 167
America, Department of Health and Human Services, Family Support 168
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Administration, Office of Child Support Enforcement or their 169
successor pursuant to federal law or regulation; * * * 170
(p) To collaborate with the Office of the State 171
Treasurer in order to identify persons presumed to have unclaimed 172
property and intercept eligible unclaimed property to satisfy, 173
fully or partially, the person's child support arrearage * * *; 174
and 175
(q) To collaborate with the Mississippi Gaming 176
Commission in order to establish rules and regulations providing 177
for the withholding of cash game winnings, including, but not 178
limited to, slot machine annuities, sports betting and/or other 179
reportable cash winnings of persons who have outstanding child 180
support arrearages. 181
SECTION 2. The following shall be codified as Section 182
43-19-63, Mississippi Code of 1972: 183
43-19-63. Casinos to exchange certain information with the 184
Mississippi Department of Human Services (MDHS) for noncustodial 185
parents delinquent in child support; participation requirement and 186
duties of casinos and Mississippi Department of Human Services. 187
(1) For purposes of this section, the following words and phrases 188
shall have the meanings ascribed herein, unless the context 189
clearly indicates otherwise: 190
(a) "Cash gaming winnings" means only the cash gaming 191
winnings for which the gaming licensee is required to file Form 192
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W2-G, or a substantially equivalent form, with the United States 193
Internal Revenue Service. 194
(b) "Commission" means the Mississippi Gaming 195
Commission. 196
(c) "Child support arrearages" means any obligation 197
owed for the care, support or maintenance of a child, including 198
spousal support that is enforced in conjunction with a child 199
support obligation pursuant to Section 43-19-31, Mississippi Code 200
of 1972, which is overdue, unpaid or in arrears. 201
(d) "Gaming licensee" means any entity licensed or 202
permitted to operate gaming operations under current law. 203
(e) "Obligee" means the recipient of Title IV-D 204
services of the Social Security Act to whom child support is owed. 205
(f) "Obligor" means a person who wins a progressive 206
slot machine annuity or cash gaming winnings and has those 207
winnings intercepted due to having child support arrearages. 208
(g) "Progressive slot machine annuity" means only the 209
progressive slot machine annuity winnings for which the gaming 210
licensee is required to file Form W2-G, or a substantially 211
equivalent form, with the United States Internal Revenue Service. 212
(h) "Electronic database access" means the data shared 213
by the Department of Human Services with gaming licensees 214
regarding persons who owe child support arrearages that is updated 215
daily. 216
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(2) The commission shall collaborate with the Department of 217
Human Services to promulgate all rules and regulations necessary 218
to carry out the provisions of this section, including, but not 219
limited to, a procedure requiring the withholding of payments of 220
progressive slot machine annuities and reportable cash gaming 221
winnings of persons who have outstanding child support arrearages 222
prior to the payment of a progressive slot machine annuity or cash 223
gaming winnings. 224
(3) The gaming licensee, including any of its officers, 225
employees, attorneys, accountants or other agents, shall not be 226
civilly or criminally liable to any person, including any 227
customer, for any disclosure of information made in accordance 228
with this section, for encumbering or surrendering assets in 229
response to information provided by the Department of Human 230
Services, or for any claims for damages arising from withholding 231
or failing to withhold any progressive slot machine annuities or 232
cash gaming winnings, based upon information provided to it. 233
(4) If any gaming licensee determines that the winner of a 234
progressive slot machine annuity or cash gaming winnings is a 235
person who has outstanding child support arrearages, the gaming 236
licensee shall deduct the child support arrearage from the payment 237
of the progressive slot machine annuity or cash gaming winnings. 238
The gaming licensee shall forward the deducted amount to the 239
Department of Human Services within seven (7) days. The gaming 240
licensee shall pay the remainder to the person who has outstanding 241
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child support arrearages. If the remainder is equal to or less 242
than zero, the person who has an outstanding child support 243
arrearage shall not receive a payment. 244
(5) The Department of Human Services shall release the 245
encumbered game winnings to the obligee after either: 246
(a) A thirty-day period beginning the day the funds are 247
encumbered; or 248
(b) Until such time as the issue of child support 249
arrearage is resolved, provided that the obligor has filed a 250
written request for an administrative hearing with the Mississippi 251
Department of Human Services Administrative Hearing Division prior 252
to the end of the thirty-day period. 253
(6) Grounds for the written request for an administrative 254
hearing challenging the encumbrance of game winnings shall be 255
limited to the following: 256
(a) Mistakes of identity; or 257
(b) Mistakes in amount of child support arrearages. 258
(7) Any gaming licensee may deduct an administrative fee 259
from each payment of a progressive slot machine annuity, beginning 260
with the second annuity payment, or cash gaming winnings, of 261
persons who have outstanding child support arrearages per singular 262
or periodic payment, not to exceed Thirty-five Dollars ($35.00). 263
(8) If the winner of a progressive slot machine annuity or 264
cash gaming winnings is determined not to owe child support 265
arrearages, then the gaming licensee is not required to access the 266
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ST: Child support; withhold gaming winnings of
persons who have outstanding child support
arrearages.
electronic database for that winner on a subsequent progressive 267
slot machine annuity or cash gaming winnings for an additional 268
twenty-four (24) hours. 269
(9) The commission shall also require that the gaming 270
licensee adopt procedures designed to prevent employees from 271
willfully failing to withhold payments of progressive slot machine 272
annuities or cash gaming winnings from persons who have 273
outstanding child support arrearages based on the information 274
provided by the Department of Human Services that allows the 275
gaming licensee to identify such persons. 276
(10) Not later than January 1, 2027, the commission and 277
Department of Human Services shall institute all policies, 278
procedures and processes as necessary to implement the provisions 279
of this section. 280
SECTION 3. This act shall take effect and be in force from 281
and after July 1, 2026. 282