A Mississippi child support order is a legal document issued by a court that requires one parent to pay financial support for their child. These child support orders help ensure that children receive the financial help they need, even when their parents no longer live together. Understanding how these orders work is important for both custodial parents receiving support and parents responsible for paying support.
What is a Mississippi Child Support Order?
A child support order is part of a court order that tells a parent how much money they must pay to help support their child. The Mississippi Department of Human Services, through its Division of Child Support Enforcement, helps families establish a child support order and ensures that child support payments reach the children who need them.
Child support enforcement in Mississippi involves several steps. The system helps locate parents who owe support, establishes paternity when needed, creates payment arrangements, and collects money from parents who are not paying support as required. The goal is to make sure families support their children financially, medically, and emotionally.
How to Get a Child Support Order
There are two main ways to establish a child support order in Mississippi. First, you can file papers directly with the court. If your child lives with you most of the time, you can request child support as part of several types of legal cases, including divorce proceedings, family support cases, or custody matters.
The second way is to apply for child support services through the Mississippi Department of Human Services. This agency provides many helpful services to families. They can help you get a court order for child support and health insurance coverage. They also assist in finding the other parent if you don't know where they live. Additionally, they enforce existing child support orders and help collect payments. The agency can modify support orders when circumstances change and works with other states to establish and enforce support when parents live in different locations.
If you receive public benefits like TANF, SNAP, or Medicaid, you will automatically be referred to child support services. Children in foster care also receive automatic referrals. There is typically a $25 application fee for child support services unless you are already receiving state benefits.
Child Support Guidelines and Calculations
Mississippi uses specific guidelines to calculate child support amounts. The courts look at the adjusted gross income of the parent responsible for paying child support. This includes more than just regular paychecks. Income sources include wages, salaries, commissions, bonuses, rental income, dividends, workers' compensation benefits, disability payments, retirement benefits, and annuities.
The guidelines use a percentage system based on how many children need support. For one child, the paying parent typically pays 14% of their adjusted gross income. For two children, the percentage is 20%. Three children require 22%, four children need 24%, and five or more children require 26% of the adjusted gross income.
To calculate adjusted gross income, the court starts with total income and then subtracts certain allowed deductions. These include federal, state, and local income taxes, Social Security contributions, mandatory retirement payments, health insurance costs for the child, and support payments for other children from different relationships.
Establishing Child Support Through Court
When establishing child support through a court hearing, a legal document called a "complaint for support" is prepared and delivered to the parent who will be responsible for paying. Both parents attend a hearing where a judge listens to evidence from each side. The judge considers factors like each parent's income, the child's needs, and the Mississippi child support guidelines.
The judge then decides the appropriate child support amount. Once the court issues the order, the Mississippi Department of Human Services can begin enforcing it and collecting child support payments. The entire process ensures that child support orders are fair and based on accurate information about both parents' financial situations.
Parents can also create a stipulated agreement, which is a notarized document where the paying parent agrees to a specific child support amount. When the court approves this agreement, it becomes enforceable just like an order established through a hearing. This option works well when both parents can cooperate and agree on a fair amount without going through a full court proceeding.
Child Support Enforcement Methods
The Division of Child Support Enforcement uses several methods to collect money from parents who owe support. The most common is income withholding, where the employer of the paying parent takes child support directly from their paycheck and sends it to the state agency. This automatic payment system helps ensure that custodial parents receive their payments on time.
Other enforcement methods include intercepting unemployment benefits when someone receives them while owing child support. Tax refunds can also be intercepted if back support is owed. The state can report non-paying parents to credit bureaus, which affects their credit scores and ability to get loans.
For parents who consistently refuse to pay child support, more serious actions are available. Courts can hold contempt hearings that may result in jail time if the parent continues refusing to pay. The state can suspend driver's licenses, professional licenses, and hunting licenses. For parents who owe $2,500 or more in back support, their passports can be revoked or denied.
Receiving Child Support Payments
Parents receiving child support have two payment options in Mississippi. They can choose direct deposit into their bank account or receive payments through a Way2Go Debit MasterCard. Whenever child support payments are collected, the money is electronically deposited within two business days.
It's important to note that certain amounts may be deducted before you receive your payment. If you previously received public assistance, the state may keep some money to reimburse those benefits. Federal law also requires certain deductions in some cases. The debit card option may have fees depending on how you use it, so families should review the fee schedule carefully.
Modifying a Child Support Order
Life circumstances change, and sometimes child support amounts need to be adjusted. Parents have the right to request a review of their child support order every three years from when it was entered or last modified. During these regular three-year reviews, you don't need to prove that circumstances have changed substantially.
However, if a substantial change in circumstances occurs before the three-year period ends, either parent can request a review at any time. Examples of substantial changes include a significant increase or decrease in the paying parent's income, increased needs as children grow older, major changes in expenses, health problems affecting either the child or parent, or changes in custody arrangements.
To request a review, parents complete specific forms provided by the Division of Child Support Enforcement. The agency evaluates whether changes are appropriate based on current guidelines and the child's best interests. This process ensures that child support payments remain fair and reflect current situations.
Paternity and Child Support
Before a court can issue a child support order for unmarried parents, paternity must be legally established. Paternity means determining who is the legal father of the child. There are several ways to establish paternity in Mississippi.
If parents are married when the child is born, the husband is automatically considered the legal father. Unmarried parents can complete a Simple Acknowledgment of Paternity form at the hospital when the baby is born. Both parents sign this document in front of a notary, and it establishes paternity without needing court involvement.
If parents don't agree on paternity, the court must determine it. The Division of Child Support Enforcement can help with this process, including arranging DNA testing if needed. Once paternity is established, the court can then order child support. Sometimes judges issue temporary child support orders while paternity cases are still pending, as long as there is clear evidence showing who the father is.
Child Support Services and Assistance
The Mississippi Department of Human Services provides comprehensive child support services to help families. Their services include locating non-custodial parents who have moved or are hard to find. The agency uses multiple resources including state databases, employment records, and federal parent locator services.
They also help establish paternity when needed and work to create court-approved support agreements. The agency enforces existing support orders through various collection methods and distributes payments to custodial parents. They also help modify orders when circumstances warrant changes.
For families dealing with interstate cases where one parent lives in another state, the agency coordinates with other states to establish and enforce support. This cooperation ensures that state borders don't prevent children from receiving the support they deserve.
Medical Support Requirements
All Mississippi child support orders must include medical support provisions. This typically means health insurance coverage for the children. The court determines which parent should provide health insurance based on availability and cost.
If a parent has health insurance available through their employer, the child support order may require them to add the children to their coverage. The cost of health insurance premiums is considered when calculating the overall child support amount.
When health insurance isn't available to either parent at a reasonable cost, the court makes specific findings about this situation. The judge then includes provisions for how medical expenses will be paid without insurance coverage. This ensures children can receive necessary medical care regardless of insurance availability.
Important Information for Custodial Parents
Custodial parents have rights and responsibilities regarding child support. They must use the child support money for the benefit of the children, not for personal expenses. While parents generally don't have to provide detailed accounting of how they spend support money, the funds should go toward housing, food, clothing, education, and other child-related needs.
Custodial parents cannot deny visitation to the other parent because of late or missing child support payments. Visitation rights and child support obligations are separate legal matters. If the other parent isn't paying support, the solution is to contact child support enforcement authorities, not to withhold visitation.
If your circumstances change, you can request a modification of the support order. This includes situations where your expenses increase, the child's needs grow, or the paying parent's income changes significantly. Working with child support services can help ensure you receive the support your children need.
Rights of Parents Paying Support
Parents responsible for paying child support also have important rights. They have the right to fair treatment in calculating support amounts based on actual income and circumstances. They can request modifications if their income decreases or if other substantial changes occur.
Paying parents have the right to spend time with their children according to custody and visitation orders. Even if there are disagreements about child support amounts, visitation rights should continue. Parents paying support can request reviews of their orders and can present evidence about their financial situations.
It's crucial for paying parents to keep records of all payments made. If using income withholding, keep pay stubs showing deductions. If making payments directly, keep receipts and documentation. These records protect you if questions arise about payment history.
What Happens If Support Isn't Paid
When parents don't pay child support as ordered, serious consequences can result. The Division of Child Support Enforcement tracks payments and takes action when support becomes overdue. Even small amounts of unpaid support can accumulate over time, creating significant debt called arrears.
The enforcement actions start with wage withholding and other administrative measures. If these don't work, more serious steps follow. Courts can hold non-paying parents in contempt, which may result in jail time. While courts prefer to help parents find ways to pay rather than punish them, repeated refusal to pay can lead to incarceration.
Other consequences include damaged credit reports, suspended licenses, seized bank accounts, and denied passports. These actions aren't designed to punish parents but to encourage payment and ensure children receive needed support. Parents experiencing genuine financial hardship should seek modification of their orders rather than simply stopping payment.
Duration of Child Support
Mississippi child support obligations typically end when a child reaches age 21. However, support may end earlier in certain situations. If a child joins the military and serves full-time, support obligations end. Children who get married or become self-supporting before age 21 may also trigger the end of support.
If a child is convicted of a felony and sentenced to two or more years in prison, support obligations can end. The court may also end support for children over 18 who stop attending school full-time and don't have disabilities preventing them from living independently.
It's important to note that even if child support obligations end, any back support that accumulated remains owed. Parents must still pay all arrears even after children reach emancipation age.
Getting Help and Resources
Many resources are available to help Mississippi families navigate child support matters. The Mississippi Department of Human Services website provides detailed information about services and processes. They offer handbooks in multiple languages explaining how child support works.
Local child support offices throughout the state can answer questions and assist with specific cases. Parents can find their county office using the agency's online directory. The Mississippi Bar Association also provides information about child support rights and responsibilities.
For parents who need legal help, various organizations offer assistance. Some provide free or low-cost legal services to qualifying families. Understanding where to find help makes the process less overwhelming and ensures both parents and children receive appropriate support.