Mississippi child support ensures that children receive financial support from both parents, regardless of custody arrangements or whether parents live together. When parents separate or divorce, the noncustodial parent typically makes regular child support payments to the custodial parent who has primary physical custody.
The Mississippi Department of Human Services Division of Child Support Enforcement administers the state's child support program, helping parents establish paternity, locate absent parents, obtain support orders, enforce existing orders, collect payments, and modify orders when circumstances change. Whether you will pay child support or receive child support, knowing your rights and responsibilities under Mississippi law proves essential.
How Mississippi Child Support Works
Both parents have legal obligations to financially support their children. This duty exists regardless of whether parents were married, are divorced, or were never together. Child support represents the noncustodial parent's contribution to the child's living expenses, including housing, food, clothing, education, and medical care.
Mississippi law presumes the custodial parent spends their income directly on the child through daily care and expenses. Therefore, the noncustodial parent makes monetary payments to help cover the child's costs. This system ensures children receive adequate financial support from both parents, even when parents do not live together.
Who Pays Child Support
The noncustodial parent typically pays child support to the custodial parent. The noncustodial parent is the parent who spends less than fifty percent of the time with the child. The custodial parent is the parent with whom the child primarily lives. In joint custody situations where parents share roughly equal time, courts may still order child support if significant income differences exist between parents.
Child support is the child's right, not the parent's right. Parents cannot negotiate away or waive child support obligations through private agreements. Only courts can establish, modify, or terminate child support orders. This protection ensures children's financial needs remain prioritized regardless of parental disputes.
Calculating Mississippi Child Support
Mississippi uses a straightforward percentage-of-income method to calculate child support. The noncustodial parent pays a specific percentage of their adjusted gross income based on the number of children requiring support. Mississippi child support guidelines establish these standard percentages:
- One child: 14% of adjusted gross income
- Two children: 20% of adjusted gross income
- Three children: 22% of adjusted gross income
- Four children: 24% of adjusted gross income
- Five or more children: 26% of adjusted gross income
These percentages apply to the noncustodial parent's adjusted gross income only. Mississippi does not consider the custodial parent's income when calculating basic support obligations. This simplified approach makes support calculations predictable and consistent across cases.
Determining Gross Income
Calculating child support begins with determining the noncustodial parent's gross income from all sources reasonably expected to be available. Gross income includes wages, salary, commissions, bonuses, overtime pay, self-employment income, investment income, dividends, interest, workers' compensation benefits, disability benefits, unemployment benefits, retirement benefits, annuities, alimony received from previous marriages, income from inherited property, and any other payments from persons, private entities, or government sources.
Even unemployed parents often have income from unemployment insurance, Social Security, or workers' compensation benefits. Courts look at all potential income sources to determine the parent's true earning capacity and ability to pay child support.
Calculating Adjusted Gross Income
From total gross income, subtract legally mandated deductions to arrive at adjusted gross income. Allowable deductions include federal, state, and local taxes, Social Security contributions, and mandatory retirement and disability contributions. Voluntary retirement contributions are not deductible. If the parent already pays court-ordered child support for other children, subtract that amount.
Income from a new spouse does not count toward the noncustodial parent's gross income. Remarriage does not change support obligations to children from previous relationships. After subtracting all allowable deductions, the result is adjusted gross income, which multiplies by the appropriate percentage to determine monthly child support obligations.
Deviations from Standard Guidelines
Mississippi child support guidelines create a presumption that the calculated amount is appropriate. However, courts may deviate from guidelines when the standard calculation would be unjust or inappropriate in particular cases. Judges must provide written findings explaining why they deviated from guidelines and how the ordered amount differs from the guideline amount.
Courts particularly consider deviations when the noncustodial parent's annual adjusted gross income falls below $10,000 or exceeds $100,000. Very low incomes may make guideline amounts impossible to pay while meeting basic personal needs. Very high incomes may result in support exceeding children's reasonable needs.
Reasons for Deviations
Several factors may justify deviating from standard child support guidelines. Extraordinary medical, psychological, educational, or dental expenses beyond normal costs may increase support obligations. If the child has independent income from trusts, inheritances, or employment, support may be reduced accordingly.
When the noncustodial parent also pays spousal support to the custodial parent, courts may adjust child support to avoid excessive financial burden. Seasonal variations in parents' incomes or expenses may require adjustments to accommodate fluctuating earnings. The child's age matters because older children typically have greater needs than younger children.
Particular shared custody arrangements may warrant deviations. If the noncustodial parent spends substantial time with the child, reducing the custodial parent's expenses, support may be reduced. Conversely, if the noncustodial parent refuses involvement in the child's activities, courts may not reduce support. The custodial parent's homemaking services and contributions are also considered.
Total available assets of both parents and the child factor into deviation decisions. If the custodial parent must pay childcare expenses to work or due to disability, these costs may increase support obligations. Any other adjustments needed to achieve equitable results may be considered, including reasonable and necessary existing expenses or debts.
Medical Support and Additional Expenses
In addition to basic child support calculated using the percentage method, Mississippi law requires reasonable medical support for children. Courts must consider the availability of health insurance coverage through either parent's employment and the cost of that coverage. Typically, one parent must maintain health insurance for children if available at a reasonable cost through employment benefits.
The support order specifies which parent carries health insurance and how parents will share uninsured medical expenses, including deductibles, copayments, prescriptions, and medical services not covered by insurance. These costs are typically divided proportionally based on parents' respective incomes.
Extraordinary Medical and Educational Expenses
Extraordinary medical, psychological, educational, or dental expenses beyond normal costs require special consideration. These expenses might include ongoing therapy for mental health conditions, special education services for learning disabilities, orthodontic treatment, care for chronic medical conditions, or private school tuition when educationally necessary.
Courts determine how to allocate these extraordinary expenses fairly between parents. Sometimes these costs are added to support obligations, while other times they are divided separately as they occur. The goal is to ensure children receive necessary care without creating undue hardship for either parent.
Duration of Child Support Obligations
Child support obligations in Mississippi continue until children reach age twenty-one or become emancipated, whichever occurs first. Mississippi's age of majority is twenty-one, which is older than most states. This extended duration recognizes that many young adults remain financially dependent on parents while pursuing education or establishing careers.
Emancipation occurs when children marry, join the military and serve full-time, or are convicted of felonies and sentenced to incarceration of two or more years. These events terminate support obligations because the child has legally become independent or is no longer under parental control.
Other Termination Circumstances
Courts may terminate support in other situations. If children discontinue full-time school enrollment after age eighteen without disabilities, support may end. If children voluntarily move from the custodial parent's home before age twenty-one, live independently, work full-time, and stop pursuing education, emancipation may occur.
When children live with another person without the custodial parent's approval, courts may terminate support. For incarcerated children who are not fully emancipated, support obligations are suspended during incarceration but resume upon release.
Even after children become emancipated, any past-due child support obligations remain enforceable. Parents cannot escape arrears simply because children have grown up. Back support continues to be collectible through enforcement actions until fully paid.
Establishing Child Support Orders
Child support orders are established through chancery court proceedings. Parents can request child support when filing for divorce, custody, or paternity establishment. Courts also hear separate complaints for support when parents were never married or are not divorcing but need support orders.
At court hearings, judges hear evidence from both parents about income, expenses, and children's needs. Based on this evidence and the Mississippi child support guidelines, judges determine appropriate support amounts and enter orders requiring payment. These court orders are legally binding and enforceable through various collection methods.
Through Stipulated Agreements
Parents who agree on child support amounts can enter stipulated agreements. These are notarized documents signed by the noncustodial parent agreeing to pay specific support amounts. When courts approve stipulated agreements, they become enforceable like orders established through hearings.
Stipulated agreements work well when parents cooperate and agree on fair support amounts without contested litigation. However, courts must still review and approve agreements to ensure they serve children's best interests and meet minimum guideline requirements.
Division of Child Support Enforcement Services
The Mississippi Department of Human Services Division of Child Support Enforcement provides services to help parents establish support orders. Services include locating absent parents, establishing paternity when parents were unmarried, obtaining support orders through courts, enforcing existing orders, and collecting payments.
Parents can apply for child support services by contacting the Division. Application fees of $25 apply unless parents receive state benefits like SNAP, TANF, or Medicaid, in which case services are free. The Division does not represent either parent but assists both in navigating the child support system.
Paying Child Support
All Mississippi child support payments must go through the Mississippi Department of Human Services State Disbursement Unit rather than being paid directly to the other parent. This requirement ensures proper tracking and crediting of support payments. Paying support directly to the custodial parent will not satisfy legal obligations because the state cannot credit payments it does not receive.
Parents paying child support can use several convenient payment methods. Online payments through iPayOnline allow secure electronic payments from bank accounts. Many parents pay through payroll deduction, with employers withholding support from paychecks and remitting it directly to the state. Cash payments can be made at participating stores using PayNearMe or at MoneyGram locations. Checks or money orders can be mailed with the parent's Social Security number and child support case number on the payment.
Income Withholding
Income withholding is the primary method for collecting child support in Mississippi. Employers of parents paying child support withhold the support amount from paychecks and send payments directly to the Mississippi Department of Human Services for distribution to custodial parents. Income subject to withholding includes wages, salary, commissions, workers' compensation, disability benefits, unemployment benefits, retirement benefits, and any other payments.
Income withholding ensures consistent, timely child support payments without requiring voluntary compliance from the paying parent. Employers must comply with withholding orders or face legal consequences. This automated process proves more reliable than expecting parents to make voluntary payments each month.
Receiving Child Support Payments
Custodial parents receiving child support can choose how to receive payments. Direct deposit into bank accounts provides convenient access to funds through regular banking services. Alternatively, parents can receive payments on a Way2Go Debit MasterCard issued by the Mississippi Department of Human Services.
Each time child support payments are collected, funds are electronically deposited to the chosen bank account or debit card within two business days of receipt. The debit card option works well for parents without traditional bank accounts, though fees may apply depending on how the card is used. Parents should review fee schedules when choosing payment methods to minimize costs.
Deductions from Payments
Before distributing child support to custodial parents, certain amounts may be deducted. If the custodial parent receives public assistance benefits like TANF or Medicaid, the state may retain portions of collected support to reimburse public assistance costs. Federal law requires certain withholdings. Understanding potential deductions helps parents know exactly what to expect when receiving child support payments.
States are required to distribute most child support payments within two business days of receiving funds. This rapid distribution ensures custodial parents receive support promptly to meet children's needs.
Enforcing Child Support Orders
The Mississippi Department of Human Services uses numerous enforcement methods to collect child support from parents who fail to pay. These tools ensure parents take support obligations seriously and children receive the financial support they need and deserve.
Income withholding automatically deducts support from paychecks. Unemployment benefit intercepts withhold support from unemployment compensation for parents who owe child support. Tax refund intercepts seize federal and state tax refunds from parents with past-due support, sending refunds to the child support office for distribution to custodial parents.
License Suspensions and Other Actions
Parents owing back child support may have state-issued licenses suspended. Driver's licenses, professional licenses, and recreational licenses like hunting or fishing licenses can be suspended for non-payment. This enforcement tool strongly motivates parents to meet support obligations to maintain driving privileges and professional livelihoods.
Credit bureau reporting negatively affects the credit scores of parents who owe back child support for at least sixty days. Poor credit makes obtaining loans for homes, vehicles, or other major purchases more difficult. Financial institution accounts can be frozen and seized to satisfy past-due support obligations. Workers' compensation benefits and personal injury claim proceeds can be intercepted to pay arrears.
Contempt Proceedings and Passport Revocation
Parents who fail to pay court-ordered child support may face contempt of court proceedings. Contempt actions are initiated after other enforcement methods have been attempted. If found in contempt, parents may be confined to jail until they pay a set amount determined by the court. The threat of incarceration provides strong motivation for parents to meet their child support obligations.
Parents owing more than $2,500 in back child support may have passports revoked or passport applications denied. This prevents parents from leaving the country to avoid support obligations and serves as another enforcement tool encouraging payment.
However, courts cannot punish parents who genuinely cannot pay due to destitution or inability to work. Contempt applies only when parents willfully refuse to pay child support they can pay.
Modifying Child Support Orders
Child support amounts are set by court orders and can only be changed through new court orders. The Mississippi Department of Human Services automatically reviews support orders every three years for parents enrolled in the child support program. These reviews assess whether current support amounts remain appropriate based on current income, expenses, and children's needs.
No proof of substantial change in circumstances is required for three-year reviews. If the review shows that applying current guidelines would result in a different support amount, the case goes to court for modification. These regular reviews ensure child support awards remain appropriate as circumstances naturally change over time.
Substantial Change in Circumstances
Parents can request modification at any time if substantial changes in circumstances have occurred. Substantial changes that may justify modifying child support orders include significant increases or decreases in the paying parent's income, job loss or change in employment, increased needs caused by children's advancing age and maturity, increased expenses for children's care, changes in children's health or special needs, or changes in parents' health affecting income or expenses.
To request modification based on changed circumstances, parents must file petitions with the court or submit review questionnaires to the Division of Child Support Enforcement. The court evaluates whether changes are substantial enough to warrant modifying existing support orders. Modifications ensure support amounts reflect current realities rather than outdated circumstances.
Retroactive Child Support
Mississippi courts can order retroactive child support for unmarried parents for up to one year. This means courts can require noncustodial parents to pay support for the past year even though no support order existed during that time. Retroactive support helps compensate custodial parents who bore all financial responsibility for children before support orders were established.
For married parents, retroactive child support can be ordered for longer periods. The ability to order retroactive support ensures both parents are accountable for supporting their children from birth or the time custodial parents began caring for them alone, regardless of when formal support orders were established.
Special Considerations
When parents share joint physical custody with roughly equal parenting time, child support calculations may differ from standard guidelines. Courts recognize that substantial shared parenting time means the noncustodial parent incurs more direct child-rearing expenses. This may reduce the support obligation calculated under standard guidelines.
However, even with joint custody, child support may still be owed if parents have significantly different incomes. The higher-earning parent may pay support to help equalize the standard of living in both households and ensure children's needs are met regardless of which parent they are with.
Relationship Between Support and Visitation
Child support and visitation rights are separate legal issues in Mississippi. Custodial parents cannot deny visitation to noncustodial parents for any reason, including late or missed child support payments. Similarly, noncustodial parents cannot refuse to pay child support because they are denied visitation.
Courts treat these as independent matters requiring separate enforcement actions. Parents denied visitation must seek court orders enforcing their visitation rights. Parents who do not receive child support payments must seek enforcement through the Division of Child Support Enforcement or contempt proceedings. Using self-help remedies by withholding visitation or support creates legal problems for the parent taking such action.
Applying for Child Support Services
Parents seeking child support can apply for services with the Mississippi Department of Human Services Division of Child Support Enforcement. The Division helps establish paternity, locate noncustodial parents, obtain support orders, enforce existing orders, collect payments, and modify orders when circumstances change.
Application fees of $25 apply unless custodial parents receive state-supported benefits, in which case services are free. Parents in the child support program receive comprehensive assistance, including automatic enforcement actions when payments are late and regular reviews ensuring support amounts remain appropriate.