Mississippi child support laws require both parents to financially support their child, whether they are married, divorced, or were never married. Child support is determined based on the Mississippi Child Support Guidelines, which consider factors such as the parents’ income, the number of children, and any special needs of the child.
In Mississippi, child support payments are typically made to the Mississippi Department of Human Services (DHS) and then disbursed to the custodial parent. Failure to pay child support can result in legal consequences such as wage garnishment, suspension of driver’s licenses or professional licenses, and even imprisonment.
A child support attorney in Mississippi can assist in a variety of ways. They can help establish child support orders, modify existing orders, or enforce orders that have not been paid. They can also assist in resolving issues related to child custody and visitation. A child support attorney may also help clients navigate the legal system and understand their rights and obligations under Mississippi child support laws.
Who Needs to Pay Child Support in Mississippi?
In Mississippi, both parents have a legal obligation to financially support their child, regardless of whether they were married, divorced, or never married. The non-custodial parent, the parent who does not have primary physical custody of the child, is typically required to make child support payments to the custodial parent.
Child support is determined based on the Mississippi Child Support Guidelines, which consider factors such as the parents’ income, the number of children, and any special needs of the child. The amount of child support ordered by the court is typically a percentage of the non-custodial parent’s income, with higher percentages for families with more children.
Establishing paternity is important in Mississippi because child support can only be ordered if paternity has been established. If the child’s parents were married at the time of the child’s birth, paternity is automatically assumed. However, if the parents were not married, paternity must be established before child support can be ordered. This can be done through a voluntary acknowledgement of paternity, genetic testing, or a court order.
Even if the non-custodial parent does not have physical custody of the child, they still have a legal obligation to pay child support. Failure to pay child support can result in legal consequences such as wage garnishment, suspension of driver’s license or professional licenses, and even imprisonment.
How Is Child Support Calculated in Mississippi?
The Mississippi Child Support Guidelines provide a formula for determining the amount of child support that should be paid by the non-custodial parent.
The formula takes into account several factors, including:
- Both parents’ gross income: This includes income from all sources, including salaries, wages, bonuses, commissions, and self-employment income.
- The number of children: The number of children for whom support is being requested is a significant factor in the calculation. Generally, the more children there are, the higher the child support amount will be.
- Custodial arrangements: The amount of time each parent spends with the child is also considered. If the non-custodial parent has visitation or custody for a significant amount of time, this may decrease the child support obligation.
- Childcare expenses: If either parent is paying for childcare, this expense can be factored into the child support calculation.
- Medical expenses: The cost of health insurance and any uninsured medical expenses can also be factored into the calculation.
- Other expenses: Other expenses such as education, special needs, or extracurricular activities may also be considered.
After considering these factors, the Mississippi Child Support Guidelines provide a table that specifies the amount of child support that should be paid based on the non-custodial parent’s income and the number of children.
The Guidelines are just a starting point, and the court may deviate from them in certain circumstances, such as if there are special needs of the child or the income of one or both parents is unusually high or low. A child support attorney can provide more information on how the Guidelines may apply in your particular case.
How To Get Child Support in Mississippi?
If a parent is not meeting their child support requirements, the custodial parent may seek child support from the non-custodial parent.
Here are the steps to follow to get child support in Mississippi:
- Contact the Mississippi Department of Human Services (MDHS) Child Support Enforcement (CSE) Division: The CSE division can assist with locating the non-custodial parent, establishing paternity (if necessary), and enforcing child support orders. You can contact the CSE division by calling 1-877-882-4916 or by visiting their website at https://www.mdhs.ms.gov/child-support/.
- Provide information: The CSE division will ask for information about the non-custodial parent, including their name, address, Social Security number, and employment information.
- File a child support petition: If you are not receiving child support and the non-custodial parent is not willing to pay voluntarily, you can file a petition with the court to establish child support. You can obtain the forms from the Mississippi court system or from the MDHS website.
- Attend court hearings: Once the petition is filed, both parents will be required to attend court hearings. The court will determine the amount of child support to be paid based on the income of the non-custodial parent and other factors, such as the child’s needs and expenses.
- Enforcement: If the non-custodial parent fails to pay child support, the CSE division can take enforcement actions such as wage garnishment, interception of tax refunds, suspension of driver’s licenses, and even criminal prosecution.
In general, child support is paid until the child reaches the age of 21 or is emancipated. Emancipation can happen earlier if the child joins the military, gets married, or becomes financially independent.
What If You Don’t Pay Child Support in Mississippi?
If a parent fails to pay child support in Mississippi, the other parent can seek enforcement through the Mississippi Department of Human Services Child Support Enforcement Division. The CSE can take enforcement actions against a parent who does not pay child support, including:
- Wage Garnishment: The CSE can garnish the non-custodial parent’s wages to collect unpaid child support.
- Tax Refund Interception: The CSE can intercept the non-custodial parent’s state or federal tax refunds to collect unpaid child support.
- Suspension of Driver’s License: The CSE can request the suspension of the non-custodial parent’s driver’s license if they fail to pay child support.
- Passport Denial: The CSE can request the denial of a non-custodial parent’s passport if they owe more than $2,500 in child support.
- Contempt of Court: The non-custodial parent can be held in contempt of court for failing to pay child support. This can result in fines or even jail time.
What Recourse Can the Other Parent Have If You Don’t Pay for Support?
In addition to the enforcement actions above, the custodial parent can file a motion for contempt of court, which can result in fines or even jail time for the non-paying parent. The custodial parent can also seek an income withholding order, which requires the non-paying parent’s employer to deduct child support payments directly from their wages.
How Can You Stop Paying Child Support in Mississippi?
To stop paying child support in Mississippi, the non-custodial parent must go through the legal process of requesting a child support order modification. The non-custodial parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income or a change in the child’s needs.
To request a modification, the non-custodial parent must file a petition with the court and attend a hearing. The court will consider the evidence presented and determine whether to modify the child support order. Child support payments must continue to be made until a new order is issued by the court.
How Can You Modify Paying Child Support in Mississippi?
To modify child support in Mississippi, the non-custodial parent must file a petition with the court requesting a modification. The petition must include the reason for the modification and any evidence to support the request, such as changes in income, health issues, or changes in the child’s needs.
Once the petition is filed, the court will schedule a hearing where both parties can present evidence and arguments. The court will consider the evidence presented and will make a decision based on what is in the best interests of the child.
Where Can You Find the Right Lawyer?
If you are a parent in Mississippi who needs to modify child support payments or is facing enforcement actions for failing to pay child support, seek advice from a qualified child support lawyer. A Mississippi child support lawyer can help you enforce child support orders and navigate the Mississippi Department of Human Services (MDHS) Child Support Enforcement (CSE) Division.
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