Child Support (Part II)--Can the Chancellor vary from the statutory child support guidelines?
Yes. Although the Mississippi Code states that the child support guidelines are presumed to be reasonable, this presumption can be rebutted if the chancellor makes a specific finding that the application of the guidelines would be unjust or inappropriate. The factors which could justify a deviation from the statutory guidelines are:
- Extraordinary medical, psychological, educational or dental expenses;
- Independent income of the child;
- The payment of both child support and spousal support to custodial parent;
- Seasonal variations in one or both parents' incomes or expenses;
- The age of the child, taking into account the greater needs of older children;
- Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines;
- The particular shared parental arrangement, such as where the non-custodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the non-custodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services;
- Total available assets of the obligee, obligor and the child; and
- Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
Last month, the Mississippi Supreme Court spoke directly on this issue in a case out of Harrison County. In Yelverton v. Yelverton, the husband earned well in excess of $50,000 annually. He was ordered to pay $2,500.00 a month in child support even though an application of the child support guidelines dictated $2,400.00 a month. In deviating from the statutory guidelines, the chancellor merely stated that given the husband’s income, “the needs of the children and the related expenses, the statutory guidelines should not apply.” However, the chancellor’s justification was inadequate for the Mississippi Supreme Court. It held that the $100.00 monthly deviation required the chancellor to “make a specific, on-the-record finding which overcomes the rebuttable presumption” that the statutory guidelines be followed.
Clearly, the Mississippi Supreme Court sent a signal that the statutory child support guidelines will be followed by chancellors unless the chancellor sets out specific reasons why those guidelines should not be applied and that their application would be “unjust or inappropriate.”
In my next blog entry, I will discuss whether an existing child support order can be modified. If you have specific questions about a child support issue, please feel free to call me to discuss your legal options.
