Mississippi child support basics cover the fundamental rules and procedures that govern how parents financially support their children after separation or divorce. Both parents have legal obligations to provide for their children's needs, but typically the parent who spends less time with the children makes regular child support payments to the custodial parent.
The Mississippi Department of Human Services Division of Child Support Enforcement administers the state's child support program. This agency helps establish paternity, locate non-custodial parents, establish child support orders through courts, enforce existing orders, collect and distribute payments, and modify orders when circumstances change. Whether you expect to receive child support or will be paying child support, knowing Mississippi child support guidelines and procedures proves essential.
Who Must Pay Child Support
In Mississippi, the non-custodial parent typically makes child support payments to the custodial parent. The custodial parent is the parent with whom the child primarily resides. The law assumes the custodial parent spends their income directly on the child through housing, food, clothing, and daily care. Therefore, the non-custodial parent must contribute financially through court-ordered child support payments.
Both parents have equal obligations to support their children financially. The parent who spends more time with the child fulfills much of this obligation through direct care and expenses. The parent who spends less time fulfills their obligation primarily through monetary child support payments. This arrangement ensures children receive adequate financial support from both parents, regardless of custody arrangements.
Duration of Child Support Obligations
Child support obligations in Mississippi continue until the child reaches age twenty-one or becomes emancipated, whichever occurs first. Emancipation happens when the child marries, joins the military and serves full-time, or is convicted of a felony and sentenced to incarceration of two or more years. Courts may also terminate support if the child stops attending school full-time after age eighteen without a disability, moves out and lives independently while working full-time, or lives with another person without the custodial parent's approval.
Even after a child becomes emancipated, any unpaid child support obligations from before emancipation remain due. The parent paying child support cannot escape past-due amounts simply because the child has grown up. These arrears remain collectible through enforcement actions until fully paid.
Mississippi Child Support Guidelines
Mississippi child support guidelines use a straightforward percentage-of-income approach to determine the amount of child support. The non-custodial parent pays a percentage of their adjusted gross income based on the number of children requiring support. The percentages are:
- 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 non-custodial parent's adjusted gross income, which differs from total gross income. Understanding how to calculate adjusted gross income proves critical for determining accurate child support amounts.
Calculating Adjusted Gross Income
Adjusted gross income starts with gross income from all sources that may reasonably be expected to be available to the parent. This includes wages, salary, commissions, bonuses, self-employment income, investment income, dividends, interest, trust income, workers' compensation, disability benefits, unemployment benefits, annuity and retirement benefits, including Individual Retirement Accounts, alimony received, income from inherited property, and any other payments from persons, private entities, or government sources.
From gross income, subtract legally mandated deductions including federal, state, and local taxes, Social Security contributions, and mandatory retirement and disability contributions (but not voluntary contributions). If the parent pays child support for other children under an existing court order, subtract that amount. The resulting figure is adjusted gross income, which is multiplied by the appropriate percentage to determine monthly child support obligations.
Medical Support Requirements
In addition to basic child support payments, Mississippi law requires reasonable medical support for children. Courts must consider the availability of health insurance coverage to all parties and the cost of health insurance coverage. Typically, one parent must maintain health insurance for the children if available through employment at a reasonable cost. Parents share responsibility for uninsured medical expenses according to their respective incomes.
Establishing Child Support Orders
Child support cases typically proceed through chancery courts in Mississippi. To establish a child support order, legal documents, including a complaint for support and summons, are served on the parent alleged to be responsible for providing support. During court hearings, the court hears evidence from both parties and determines the appropriate child support amount based on Mississippi child support guidelines and the child's best interests.
Once the court issues its order, the Mississippi Department of Human Services Division of Child Support Enforcement enforces the order and begins collecting child support payments. All court-ordered child support becomes legally enforceable, and failure to comply can result in serious consequences.
Through Stipulated Agreements
Parents can also establish child support through stipulated agreements. A stipulated agreement is a notarized document signed by the parent responsible for support agreeing to pay a specific child support amount. When courts approve these agreements, they become enforceable just like orders established through hearings. Stipulated agreements work well when parents cooperate and agree on fair support amounts without contested litigation.
Role of Child Support Enforcement
The Division of Child Support Enforcement provides essential services to families. They help locate non-custodial parents using state and federal resources, establish paternity when parents were not married, obtain child support orders through courts, enforce existing orders, collect payments, and distribute funds to custodial parents. These services are available to any parent seeking child support, though small fees may apply unless the custodial parent receives public benefits.
Deviations from Guidelines
Mississippi child support guidelines create a presumption that the calculated amount is appropriate. However, courts may deviate from guidelines when the application would be unjust or inappropriate in particular cases. The judge must make written findings explaining why the guideline amount is unfair and how the ordered amount differs from the guidelines.
Several circumstances may justify deviations from standard child support awards. Courts consider each case individually to determine whether adjustments serve the child's best interests and achieve equitable results.
Reasons for Deviation
Extraordinary medical, psychological, educational, or dental expenses may justify increased child support beyond guideline amounts. If the child has independent income from inheritance, trusts, or employment, this may reduce the support needed from parents. When the non-custodial 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. For example, construction workers or teachers with summer employment gaps may need modified payment schedules. The child's age matters because older children typically have greater needs. Special needs that families traditionally met, even when exceeding guidelines, may justify higher support.
Shared custody arrangements affect support calculations. If the non-custodial parent spends substantial time with the child, thereby reducing the custodial parent's expenses, support may be reduced. Conversely, if the non-custodial parent refuses involvement in the child's activities, courts may not reduce support. The custodial parent's homemaking services are also considered.
Total available assets of both parents and the child factor into determinations. 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.
Modifying Child Support Orders
The Division of Child Support Enforcement notifies both parents of their right to request a review of their child support order every three years from the date the order was entered or last modified. Either parent can request this review, and the agency evaluates whether changes are appropriate based on current guidelines and the child's best interests. 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 change over time.
Substantial Change in Circumstances
Parents can request modification at any time if substantial changes in circumstances have occurred. Substantial changes include significant increases or decreases in the paying parent's income, increased needs caused by the child's advancing age and maturity, increased expenses, changes in the child's health or special needs, or changes in the parents' health and special medical needs.
To request modification based on changed circumstances, the parent must file a petition with the court explaining the changes and providing evidence. The court evaluates whether the changes are substantial enough to warrant modifying the existing child support order.
Enforcing Child Support Orders
Income withholding is the primary method of collecting child support in Mississippi. The employer of the parent paying child support withholds the child support payment amount from the employee's paycheck and sends it directly to the Mississippi Department of Human Services for distribution to the custodial parent. Income subject to withholding includes wages, salary, commissions, compensation as an independent contractor, workers' compensation, annuity benefits, retirement benefits, and any payments from persons, private entities, or government sources.
Income withholding ensures consistent, timely child support payments. Employers must comply with withholding orders or face legal consequences. This method proves more reliable than expecting parents to make voluntary payments each month.
Unemployment and Tax Intercepts
When a parent owing child support receives unemployment benefits, support can be withheld from those benefits. A portion of the unemployment check goes to the child support office instead of the parent, ensuring children continue receiving support even when parents are temporarily unemployed.
Parents owing back child support may have federal or state tax refunds intercepted. Instead of receiving their tax refund, some or all goes to the child support office for distribution to the custodial parent. This helps collect past-due support and encourages parents to stay current on child support obligations.
Contempt Actions
Parents who fail to pay court-ordered child support may face contempt of court proceedings. Contempt actions are not initiated until 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.
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 the child support they can pay.
Additional Enforcement Methods
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 or vehicles more difficult. The threat of credit damage encourages parents to pay child support on time.
Workers' compensation benefits and personal injury claim proceeds can be intercepted to pay past-due child support. Financial institution accounts can be frozen and seized to satisfy child support arrears. State-issued licenses, including driver's licenses, hunting licenses, and professional licenses, can be suspended for non-payment. Parents owing more than $2,500 in back child support may have passports revoked or applications denied.
Receiving Child Support Payments
The Division of Child Support Enforcement distributes collected child support payments to custodial parents within two business days of receiving funds. Parents can choose to receive payments through direct deposit into bank accounts or onto a Way2Go Debit MasterCard. Each time child support payments are collected, funds are electronically deposited into the chosen account or card.
Direct deposit provides convenient access to funds through your regular bank account. The debit card option works well for parents without bank accounts. However, fees may apply depending on how the debit card is used. Parents should review fee schedules and choose the payment method that best suits their needs.
Deductions from Payments
Before distributing child support to custodial parents, certain amounts may be deducted. If the custodial parent receives public 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.
Locating Non-Custodial Parents
The Division of Child Support Enforcement provides location services to find non-custodial parents who have moved or whose whereabouts are unknown. These services use appropriate local, state, federal, and interstate resources to locate missing parents. The agency can issue administrative subpoenas to public utilities, cable companies, and financial institutions to obtain customer records, including names, addresses, employer information, Social Security numbers, and financial details.
Location services are included with every full-service child support case. Parents can also apply for locate-only services free of charge. If the agency successfully locates the non-custodial parent, the custodial parent can then choose to pay the $25 service fee and pursue establishing a child support order. Having the non-custodial parent's Social Security number significantly improves location success rates.
Establishing Paternity
Before courts can order child support for children born to unmarried parents, legal paternity must be established. Paternity means having a legal father. Establishing paternity benefits children in many ways, including providing legal rights to benefits from both parent’s such as Social Security, medical and life insurance, and veterans' benefits. Children need to know their medical history to identify inherited diseases or birth defects.
When parents are married, the husband is presumed to be the legal father, and paternity is automatic. For unmarried parents, paternity must be established through voluntary acknowledgment or court proceedings.
Methods of Establishing Paternity
Unmarried parents can establish paternity by completing A Simple Acknowledgment of Paternity (ASAP) form, typically at the hospital when the child is born. Both mother and father sign this legally binding form, which is filed with the birth certificate at no cost. Once completed, no further action is needed to establish paternity.
If the alleged father is unwilling to sign the acknowledgment, the mother can request assistance from the Division of Child Support Enforcement to establish paternity through the courts. DNA testing may be ordered if questions exist about the child's father. At court hearings, judges review all evidence to determine whether the alleged father is the legal father. Once paternity is established, child support proceedings can begin.
Child Support and Visitation
Child support and visitation are separate legal issues in Mississippi. A custodial parent cannot deny visitation to the non-custodial parent for any reason, including late or missed child support payments. Similarly, non-custodial parents cannot refuse to pay child support because they are denied visitation. Courts treat these as independent matters requiring separate enforcement actions.
Parents who are 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.
Special Circumstances
Changes in Marital Status
A parent's remarriage or the birth of additional children in a second marriage generally does not affect original child support obligations. The responsibility to pay child support is to the child, not to the ex-spouse. New family responsibilities do not eliminate obligations to children from previous relationships.
However, if a parent has court-ordered child support for children from multiple relationships, the earlier obligations are subtracted when calculating adjusted gross income for subsequent child support cases. This prevents a parent from being ordered to pay more than they can reasonably afford.
Existing Child Support Orders
If a parent already pays child support under an existing court order for other children, that amount is subtracted from gross income before calculating adjusted gross income for new child support obligations. This ensures parents are not doubly burdened and can meet all their child support obligations.
Working With the Child Support Program
Parents seeking child support can apply for services with the Division of Child Support Enforcement by contacting their office or visiting their website. Application fees of $25 apply unless the custodial parent receives state-supported benefits like SNAP, TANF, or Medicaid, in which case services are free. The agency does not represent either parent but assists both in completing necessary steps to establish and enforce child support orders.
Services include locating non-custodial parents, establishing paternity, obtaining child support orders, enforcing orders, collecting payments, and modifying orders. These comprehensive services help parents navigate the child support system effectively.
Employer Responsibilities
Employers play crucial roles in Mississippi's child support system. When employers receive income withholding orders, they must comply by deducting child support from employee paychecks and remitting payments to the state. Employers who fail to comply face legal consequences. Cooperation between employers and the child support program ensures children receive the financial support they need.