Making payments for child support in Mississippi can be expensive and may last for many years. When a parent is ordered to make child support payments, they may want to drop them as soon as they can.
There may be some parents who presume that their child support payments will automatically terminate when their child reaches a certain age or fulfills specific requirements. It is important to be aware that this is not usually the case.
The parent who is ordered to make child support payments can, however, have their payments dropped if their child:
- Reaches the age of majority
- Gets married
- Passes away
- Leaves for undergraduate studies
A parent who is ordered to make child support payments should be aware that there are some circumstances in which their payment obligation will continue even if their child reaches adulthood, such as when they are disabled. The majority of the population in Mississippi is older than other states at 21 years of age.
Before a child reaches 21 years of age, they may be emancipated, such as if they:
- Are in the military
- Get married
- Become self-supporting
A child may also be considered to be emancipated when certain requirements are met, such as if the child:
- Is older than a certain age
- Leaves their parents’ home
- Does not follow their parents’ reasonable commands
Once a child is emancipated, the child will be self-supporting and considered able to manage their own affairs. If this occurs, the parent who is making the child support payments can have them dropped.
If a Mississippi parent who has to make child support payments believes that their circumstances meet a requirement for dropping child support, they should reach out to a local attorney in Mississippi for assistance. The paying parent must continue to make their payments until a court order is issued stating that they do not have to make the payments anymore.
If the paying parent stops making their child support payments before the updated order is issued, they may face additional legal consequences.
When Is Child Support Ordered?
If the parents of a child in Mississippi divorce or separate, a family court can order one parent to fulfill the legal obligations they have to their child by making child support payments to the receiving parent. Child support payments are usually made on a monthly basis to the custodial parent or parent with whom the child lives.
Child support payments are made to custodial parents to benefit the child. They are not meant to financially support the custodial parent.
The payments are made to help cover a child’s basic needs, including:
- Clothing
- Food
- Housing
- Other necessities
Parents should be aware that every state most likely has its own unique guidelines or formulas that will be used when calculating child support. Most states base these calculations on the gross income of both of the parents.
In some cases, when a paying parent does not make court-ordered support payments, they may be ordered to pay retroactive child support. If a paying parent who has to pay child support thinks they have a legal reason to drop their payments, they should consult with a lawyer who can file a petition on their behalf.
Once a petition is filed and a hearing is held, the court will issue an order that is based on the child’s best interest standard, the evidence presented by each parent, and an evaluation of the circumstances. This order will determine whether or not the paying parent will need to continue making the payments or if they will be modified or dropped.
How Is a Child Support Award Enforced?
Child support orders are issued by a court and are legally binding on both the paying parent and the receiving parent. If the parent ordered to make payments does not properly do so, the receiving parent may be able to get legal assistance enforcing that order.
If a paying parent does not make their payments even after the receiving parent attempts to collect them, additional legal consequences may apply, such as:
- Suspension of a business license
- Seizure of property
- Imprisonment
It is also important to be aware that child support orders can be enforced in different states than the one in which they are issued. This can help parents if they need to relocate but still have a minor child. This can be accomplished under the Uniform Interstate Family Support Act (UIFSA).
How Can I Avoid a Child Support Increase?
There are some instances in which a receiving parent may want to request a child support increase, such as when the paying parent has a material change in circumstances, which may include:
- An increase in income
- A change in living arrangements
- A permanent disability
There are also material changes in income that may allow the paying parent to decrease their payments, such as:
- Family size changes
- Deployment or incarceration
- Reduction in income
- Job loss
- Custody or visitation changes
The order may then be modified to reflect the changes in the paying parent’s circumstances. The paying parent is also able to request a modification in the child support order if they believe they should be paying less.
How Can I Stop Paying Child Support?
There are ways to stop paying child support, as discussed above. However, the parents cannot agree to stop making or receiving the payments ordered by a court.
In order to stop paying child support, the paying parent must go through the court system and obtain an order stopping their payment requirement. With the help of a lawyer, a paying parent can show the court that the criteria have been met for them to stop making payments.
Do Child Support Payments End Automatically?
As noted above, child support payments do not usually automatically end. A paying parent in Mississippi should reach out to a Mississippi lawyer for specific information on how to stop child support in their situation.
How to Get Child Support Arrears Dismissed?
Parents ordered to make child support payments may be ordered to pay arrears if there are child support amounts they did not pay. In some situations, their lawyer can file a motion to dismiss child support arrears.
Arrears may be dismissed for the following reasons:
- Good faith: If there is a payment plan or agreement made with the other parent or the arrears were unjust.
- Exceptional circumstances: The arrears amount may be reduced or waived if there are exceptional circumstances, such as a catastrophic accident or terminal illness.
- Debt reduction program: Some programs can offer relief from arrears if the child was in foster care or received public assistance.
- State debt forgiveness program: There are some state programs that can help parents who meet certain eligibility criteria.
Do I Need a Lawyer for Help with Terminating Child Support?
If you think you may qualify to stop your child support payments or want to determine if you are eligible, you should consult with a Mississippi child support lawyer. If you are eligible to stop paying child support, your attorney will file a petition in the proper court requesting that your obligation be terminated.
LegalMatch can help you find a Mississippi child support lawyer who will help you resolve any child support concerns you may have. Just submit your question on the website at no cost, and you will receive responses from member attorneys in your area who can help you with your Mississippi child support issue.
