Mississippi Child Support Laws

For parents going through a divorce, we understand one of the biggest concerns is centered around how child support will be worked out. When deciding on child support arrangements, there are a number of factors you should consider. One main factor is the incomes of individual parents and how the custody agreement has been decided. 

Jason Campbell is an experienced family law attorney with extensive knowledge of the MS child support laws and has worked on hundreds of child support cases in the state. Campbell is focused on reaching an agreement that ensures financial safety and stability for you and your children. 

Schedule an initial consultation today to learn more about how Campbell can help you through your child support negotiations.   

How is Child Support Determined?

When determining the amount of child support in Mississippi, income is often the only thing that is taken into account. The state of Mississippi typically uses a percentage of income scale to determine child support. The percentage of income calculator takes into account the number of children, the amount of time spent with children, and the monthly income of a parent. 

When determining the income, Mississippi, child support guidelines are specific in what types of income are included when calculating child support. Income from wages or salary, self-employment, commissions, investments, worker’s compensation, disability, unemployment, retirement, alimony, and other sources of income are all considered when calculating the child support a parent will owe each month. It’s important to note that if the parents share a joint income, any of the absent parent’s income will likely be expected to be available to the custodial parent and child.

Who Pays Child Support? 

Custody plays a major role in determining who pays child support. Typically, the parent without custody is required to provide financial support. That means parents with main or sole custody can expect some sort of child support. Child support laws in Mississippi can also provide child support for a parent in a joint custody agreement, depending on the custody agreement and each parent’s financial situation. 

If there is a joint custody agreement, there is more room for discretion. Judges can use joint custody as a reason to vary from typical state guidelines regarding the percentage of income calculations. Joint custody can lower the child support payments of a parent in order to account for the time and resources when spending time with the child.

How Can Child Support Be Changed?

It’s important to be aware that child support payments have to be altered through the courts by a judge. Verbal agreements between co-parents to change child support are not legal standing agreements.

The main things that can alter child support are changes in the salary of the parent paying child support. A loss or decrease in salary can cause child support payments to be decreased. Similarly, a major salary increase can result in an increase in child support payments. 

A parent receiving child support in MS can also request an increase in child support payments. The receiving parent can typically only ask for this in response to inflation or major medical costs for the child.

Mississippi Child Support Laws

The logical starting point for child support calculations and how to make them should begin with the Statute. Miss. Code Ann. Section 43-19-101. This statute is the guideline for child support.  It is presumed to be the amount the Court will use if a payor’s income is between $10,000.00 – $100,000.00.

(1) The following child support award guidelines shall be a rebuttable presumption in all judicial or administrative proceedings regarding the awarding or modifying of child support awards in this state:

• 1 Child: 14%
• 2 Children: 20%
• 3 Children: 22%
• 4 Children: 24%
• 5 or more: 26%

(2) The guidelines provided for in subsection (1) of this section apply unless the judicial or administrative body awarding or modifying the child support award makes a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined under the criteria specified in Section 43-19-103.

3) The amount of “adjusted gross income” as that term is used in subsection (1) of this section shall be calculated as follows:

(a) Determine gross income from all potential sources that may reasonably be expected to be available to the absent parent including, but not limited to, the following: wages and salary income; income from self-employment; income from commissions; income from investments, including dividends, interest income and income on any trust account or property; absent parent’s portion of any joint income of both parents; workers’ compensation, disability, unemployment, annuity and retirement benefits, including an Individual Retirement Account (IRA); any other payments made by any person, private entity, federal or state government or any unit of local government; alimony; any income earned from an interest in or from inherited property; any other form of earned income; and gross income shall exclude any monetary benefits derived from a second household, such as income of the absent parent’s current spouse;

(b) Subtract the following legally mandated deductions:

(i) Federal, state and local taxes. Contributions to the payment of taxes over and beyond the actual liability for the taxable year shall not be considered a mandatory deduction;

(ii) Social security contributions;

(iii) Retirement and disability contributions except any voluntary retirement and disability contributions;

(c) If the absent parent is subject to an existing court order for another child or children, subtract the amount of that court-ordered support;

(d) If the absent parent is also the parent of another child or other children residing with him, then the court may subtract an amount that it deems appropriate to account for the needs of said child or children;

(e) Compute the total annual amount of adjusted gross income based on paragraphs (a) through (d), then divide this amount by twelve (12) to obtain the monthly amount of adjusted gross income.

Upon conclusion of the calculation of paragraphs (a) through (e), multiply the monthly amount of adjusted gross income by the appropriate percentage designated in subsection (1) to arrive at the amount of the monthly child support award.

In addition to that, the statute also requires the Court to include reasonable medical support for the children.  The law requires a judge to determine:

(a) The availability to all parties of health insurance coverage for the child(ren);

(b) The cost of health insurance coverage to all parties.

If all else fails in calculating the support based on the guidelines above, then a Court may look to Miss. Code. Ann. Section 43-19-103. This statute provides the Court with certain criteria to examine for support when application of the child support guidelines would be unjust or inappropriate. The criteria are:

(a) Extraordinary medical, psychological, educational or dental expenses.

(b) Independent income of the child.

(c) The payment of both child support and spousal support to the obligee.

(d) Seasonal variations in one or both parents’ incomes or expenses.

(e) The age of the child, taking into account the greater needs of older children.

(f) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.

(g) The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent’s homemaking services.

(h) Total available assets of the obligee, obligor and the child.

(i) Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.

(j) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.

Contact a Child Custody Attorney Today

Mississippi has strict child support guidelines that are usually followed exactly, but it’s important that you’re aware that these are still legal proceedings. If you are involved in determining financial support for your child or children, it may help to have legal representation to ensure your interests are represented in the best way possible. 

If you’re seeking legal advice or representation in a child support case, there is no time to waste. Contact Campbell Law today to speak with an attorney about the details of your particular case. All phone calls are returned within 24 hours when you contact us by phone or via the contact form.