Mississippi Family Law Blog

Recession in Mississippi impacts child support payments

Here is a common scenario: Husband and wife divorce with two children. At the time of the divorce, husband is making $100,000.00 a year. The couple reaches an agreement on child support based upon the husband's income. However, two years later, the husband loses his job and his new job only pays $50,000 a year. The question is whether he can get his child support reduced given his income is 50% less than what it was when the child support was originally calculated. The short answer is yes.

In Mississippi, child support can be modified if it can be shown that the reduction in income for the spouse paying child support was not voluntary and could not have been anticipated at the time of the original child support order. However, in order to get the child support reduced, the spouse paying child support must file a modification of child support with the Court or get the ex-spouse to agree to the modification and have the Court approve it. In either case, the Court must approve the reduction in child support.

In a recent case, I represented a father who suffered a dramatic reduction in his income. He called me soon after his income was reduced. We filed a Complaint for Modification, had a hearing, and the judge ruled in our favor. While the action was pending, the father continued to pay the previous amounts owed so he was not found in contempt.

Unfortunately, I receive a lot of calls from non-custodial parents who have lost their job or had their pay reduced. In many instances, they have got behind on child support payments. While they can still seek a modification for future amounts owed, the child support already owed cannot be modified.

If you have lost your job or had your pay cut at work and you pay child support, act quickly in seeking a modification. Waiting and missing child support payments will just cost you more money and could result in stiffer penalties from the court.

The Kisselburgh Law Firm represents individuals in Mississippi who are divorcing or involved in child custody and child support modifications. Contact us now at 601-936-4040 to schedule an appointment to discuss your legal rights.

Judge send Tupelo, Mississippi man to jail for failure to pay child support

Roosevelt Linston, a former professional basketball player in the European League, was jailed after he failed to pay his child support, according to the Clarion Ledger. Linston was sentenced in May of last year to five years for failing to pay back child support of $16,500.00. However, the judge suspended the original sentence, but Linston still failed to pay the child support. He was jailed until such time as he pays the $16,500.00 in full.

Reported by: Robert Kisselburgh, Mississippi Divorce Attorney

Madison, Mississippi Court holds Dad in contempt for failure to pay child support

A judge in Madison County, Mississippi ruled that a Mobile, Alabama man has until April 12, 2010 to pay back child support of $20,000.00 or face jail time. The case was prosecuted by the Mississippi Attorney General's office. Click here for more information.

Indiana submits bill to collect casino winnings from winners owing child support

Colorado did it and now Indiana is trying to do it. Where is Mississippi in enacting legislation that would require casinos to check a database to see if the winners owe child support? If they owe child support, they don't get the winnings. So why are the casinos fighting this legislation? Simple. They don't want to upset their customers. But it is time to use all available measures to collect child support. The winners in this legislation are the children in need of child support and the taxpayers who financially assist those children not receiving child support. The only loser is the winner of the jackpot. Sorry, you should have kept current on your child support.

I previous spoke about this issue in the Mississippi Business Journal and hope the legislature in Mississippi is listening. Let's get on board with a great idea.

Source: ABC News

Lamar County divorce case partially remanded back to Chancellor for third look

Sometimes a case just never ends. That has to be the feeling for a divorce case out of Lamar County, Mississippi. Last week, the Mississippi Supreme Court sent the case back to the Chancellor for a third trial. In Lowrey v. Lowrey, the original final judgment of divorce was signed in September 2002. The wife appealed that initial decision. In 2005, the Mississippi Court of Appeals affirmed the divorce, but reversed and remanded the case for the Chancellor to decide "unresolved matters of child custody, child support, property division and alimony." A second trial was held by a different Chancellor from the first case. And to add to the problem, the case was heard on different dates (2006 and 2007), a common occurrence in Chancery courts in Mississippi. Both parties appealed the final decision by the Chancellor.

The Mississippi Supreme Court recognized this "piecemeal" litigation, where the Chancellor will hold multiple hearings to decide the issues, is a problem with our Chancery Courts.

Hearings can be, and often are, separated by weeks or even months, as occurred in this proceeding. Chancellors are required to follow the testimony of witnesses, review documents offered as exhibits, and attempt to make contemporaneous notes. Trial judges are not afforded the advantage of appellate courts to review the full record of a case without interruption.

Continue reading "Mississippi Supreme Court sends case back to Chancellor for a third trial" »

Mississippi Court reverses Chancellor for not making deductions before calculating child support

The Mississippi Court of Appeals reversed a Jones County Chancellor for failing to make the statutory deductions from the non-custodial parent's gross income before calculating the child support owed. In Holloway v. Holloway, the Chancellor failed to make any deductions from the husband's gross income before making a determination of what he owed in monthly child support. Mississippi Code Section 43-19-101(3)(b) is explicit that certain mandatory deductions are subtracted from a non-custodial parent's gross income before calculating child support owed. In this case, the Chancellor failed to make any deductions for taxes paid, so the amount of child support awarded was based on his gross income, not his adjusted gross income.

It is difficult to understand what the Chancellor was thinking in this case as making the mandatory deductions from the gross income before calculating the child support owed is a rather elementary situation.

Reported by: Robert M. Kisselburgh, Mississippi Divorce Attorney

New law authorizes casinos to collect child support from winners

Colorado enacted a new law that requires casinos to do a computer check of any person winning more than $1,200. If they are delinquent, the money goes to the state as opposed to the unhappy gambler. It is about time! Colorado, according to the article, collected over $320 million last year in back child support through this new law. Hopefully, Mississippi will enact a similar law.

Information provided by: Robert Kisselburgh, Mississippi Divorce Attorney

Is free paternity testing the answer to the problem in Mississippi?

Mississippi Department of Human Services is offering free paternity testing in hopes of identifying parents who are not paying child support for their children. Federal funding is paying for the program. According to the article, the director of Child Support Enforcement said, "After paternity is established, the next thing we are going to go after is financial support on a monthly basis and medical support." State officials estimate there is "as much as $25 million in uncollected child support because paternity has not been established."

While it sounds like a great effort, the question must be asked: If officials are hoping for individuals to voluntarily participate, how successful will this program be? If a person really believes they are the parent of a child, why haven't they had paternity testing done to determine whether they are the biological parent. Paternity testing is not that expensive. If they can't afford the testing, then what makes government officials think they will be able to collect child support from them. OR, if they can afford to pay child support, why haven't they had the paternity testing done before now and why would they voluntarily participate in the program?

If the program is being used to pay for paternity testing after a court has ordered it, then this will be a temporary relief to Mississippi taxpayers. But hoping individuals will voluntarily participate is probably wishful thinking. While I strongly support identifying biological parents and ensuring they pay for their children, I question whether this was the best use of federal funds. Remember, state or federal funding is still taxpayers' money.

Reported by Robert Kisselburgh of the Kisselburgh Law Firm

Child Support in Mississippi

Mississippi is in the minority of states that requires child support paid until the age of 21 or the child is otherwise emancipated. The question is what is emancipation? Mississippi Code, Section 93-11-65 defines emancipation. As of July 1, 2008, it underwent some significant changes.

There are two specific sections. The first says that emancipation shall occur when the child:

• Attains the age of twenty-one (21) years, or

• Marries, or

• Joins the military and serves on a full-time basis, or

• Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony.

Continue reading "How long do you have to pay child support in Mississippi?" »

Iowa man jailed in Mississippi for not paying child support

The Mississippi Attorney General's office recently prosecuted a dad who neglected his children by failing to pay child support. Last month, he was sent to prison. Last November, the man plead guilty to felony child desertion, but the Circuit Court Judge gave him an opportunity to pay the child support. He did not, so the Judge sent him to prison for five years. Hopefully, this story will get the attention of some who are behind on child support payments.

If you are currently ordered to pay child support, have got behind, and are unable to pay, you need to get before the Judge to plead your case. Child support payments that have come due cannot be set aside. Rather, the Court can only modify your child support obligations in the future. And you will find that if you have got behind, the Court will work out a schedule for you to pay off the past debts, but you need to get before the Court to have the matter heard. If you ignore it and put it off, then you face the possibility of being prosecuted for child desertion.

Source: Clarion-Ledger

Reported by Mississippi Attorney Robert Kisselburgh

Don't let the child support payments get behind in Mississippi

Everyone understands these tough economic times. Layoffs are mounting along with unemployment benefit claims. If you are a victim of a layoff, then these times also bring the realization that the child support you are ordered to pay was based on your previous income and you may not be able to afford the payments. The important point is if you can no longer afford your child support payments due to a recent layoff, you need to act now by seeking a modification of the child support from the Court. If you delay, you might find yourself behind in payments and your ex-spouse bringing a contempt action. Further, in Mississippi, once the child support payment is due, it cannot be reduced. Let me give you an example:

Dan lives in Madison, Mississippi and was divorced in Hinds County, Mississippi three years ago. He has two children and is required to pay $600.00 a month in child support. When the child support order was entered, he was making $45,000.00 a year. However, six months ago, Dan was laid off from his job and he has yet to find a new job. His savings ran out three months ago and has not paid child support in three months. He is only living on unemployment benefits. His ex-wife has now filed a Motion for Contempt since Dan is no longer making child support payments. Dan answers the Contempt motion by filing a Motion for Modification.

Since Dan waited to seek a modification in the child support until he was past due, he still owes the three months in back child support. The Chancellor cannot reduce amounts once they become due. The solution to this problem was for Dan to seek a modification once his income was reduced dramatically. If he had, the Chancellor could have reduced his child support payments.

Lesson: Don't wait until the bills are mounting and take action before you get behind.

At the Kisselburgh Law Firm, we represent those who are seeking either to enforce a child support order or those who are seeking a modification. If you find yourself in either situation, contact us online or call us at 601-936-4040 to set up a consultation to discuss your case.

New alternative to jailing those delinquent in child support

In Washington D.C., a new program has emerged for those parents behind in child support payments who are without a job. The key is that they want to pay, but do not have the means. The new approach is Fathering Court. According to the article, it is an effort to put fathers on the right track to paying for their children and "emphasizes employment, starting with the basics."

While jail is still a remedy for those who just don't want to pay child support, this new approach is something Mississippi should explore. In many cases, especially during hard economic times, the non-custodial parent is without work and cannot pay. Jail provides no opportunity for that person to find a job. This program could be the answer.

Father claims fraud and wants child support money back--Court says no.

A Mississippi man who paid child support for 19 years found out he was not the biological father and wanted his money back. In this case out of Sunflower County, Mississippi, the man and woman had a relationship during which time the woman gave birth to a son. Shortly after the child was born, the relationship soured and the couple split. One month later, the woman executed an affidavit naming the man as the father of the child. The Mississippi Department of Human Services (DHS) contacted the father and he agreed to voluntarily pay child support.

Almost 20 years later, a friend suggested that he was not the father, so the man petitioned the court for DNA testing which showed he was not the biological father of the child. He filed a petition to terminate child support as well as claimed a refund for the amounts paid. The chancellor granted both. DHS and the mother appealed.

Continue reading "Mississippi man finds out he is not biological father after 19 years of paying child support" »

New Orleans man kills son rather than pay child support

The Clarion-Ledger reported today that a New Orleans man killed his two-year-old son after he was ordered to pay $4,000.00 in back child support. The man had earlier threatened to kill his children and ex-wife. He is now facing first-degree murder charges.

Why? What was he thinking? How could a father take the life of his own? Little sense is made of the story other than the fact that threatened violence in family disputes should be taken seriously. If you or your children have been threatened by a family member, seek help. In Mississippi, contact the Mississippi Coalition against Domestic Violence or contact your local police department.

Mississippi Supreme Court says child support payment not automatically reduced when one child is emancipated

For parents paying child support for two or more children, you may want to review your divorce decree to see if the decree addresses what happens to the child support payment when the oldest child is emancipated. If your decree does not specify how the child support will be reduced, then you might be headed back to court to seek a reduction.

Here is an example: A Madison, Mississippi couple divorce and have two children--18 and 14 years old. Husband agrees to pay $2,000 a month in child support, but nothing is said in the decree as to the amount of child support when the oldest child is emancipated. [If you have a question regarding when a child is emancipated in Mississippi, click here for my previous post on this subject]. The question is when the oldest child is emancipated, does the husband continue to pay $2,000.00 a month in child support even though there is only one child due support or is the amount of child support reduced? Well, if it is not spelled out in the divorce decree, then you will have to go back to Court to seek a modification or get the Court to approve an agreement between you and your ex-spouse.

Continue reading "Father can't reduce child support payments on his own" »

Some parents will do anything to keep from paying child support

Here is an amazing story about a New York Dad who will do anything to keep from paying child support. Just before the divorce was finalized, he quit his $40,000 a year job and took a 55% pay cut. He claims he quit his job to spend more time with his son, but it doesn’t appear the ploy worked. To date, he owes around $90,000.00 in child support, had his driver’s license suspended, and been jailed twice. Now he has threatened to go on a hunger strike if he is jailed again.

For those who think that voluntarily quitting your job in Mississippi will keep you from paying child support, think again. As the Mississippi Supreme Court has stated, a pre-existing child support obligation cannot be reduced due to the parent’s “voluntary termination of employment.” Bailey v. Bailey, 724 So.2d 335 (Miss. 1998).

For those responsible for paying child support, if you lost your job or had an involuntary pay reduction, you need to go to Court and seek a modification of the child support. But seek the modification now, not after you are behind on child support payments. The judge will be more receptive if you are proactive as opposed to coming to Court after your ex-spouse hauls you before the judge for contempt for failure to pay child support.

Kosciusko man going to jail for not paying child support

A Kosciusko, Mississippi man was sentenced to 10 years in prison and ordered to pay $68,215.87 in back child support. According to the article, he will serve 2 of the 10 years in prison for failing to pay the child support. The Mississippi attorney general's office prosecuted the case. It is good to see Mississippi in the news prosecuting those who fail to uphold their financial responsibilities to their children.

Some tips for the tax season

As CPAs, accountants, and others are burning the midnight oil preparing tax returns, a recent article provides some helpful tips for those undergoing a divorce or recently divorced.

In my next post, I will discuss some common tax problems in a divorce.

A professional poker player who makes around $400,000 a year was jailed for failing to pay $160,000 in back child support. According to the article, felony arrest warrants were issued in Wisconsin for the man who lives and works in Las Vegas, Nevada. The man previously appealed a trial court's order which increased his monthly child support from $1,500 to $4,000 a month, but the appellate court denied his appeal finding that he made $400,000 a year which justified the increase. It appears he ignored the order, but Wisconsin officials pursued the case. It may be sometime before he is back at the poker table.

Child support ordered upheld for man not biological father

According to the article, a New Jersey man and woman married in 1991, separated briefly in 1994, and reconciled in late 1996. In 1997, their second daughter was born. Two years later the couple divorced and the father was ordered to pay child support.

When the child was seven, the father had DNA testing done on the child because the mother "started making statements" he was not the father. The DNA results showed there was 0% chance he was the biological father. When the results were brought to the attention of the court, the court ruled that it was not in the best interest of the child for the paternity issue to be pursued as the man was the only father the child ever knew. The parents were prohibited from discussing the paternity issue with their daughter and the man was ordered to continue paying child support. The judge's ruling was recently upheld by the appellate court.

Hefty fine affirmed against employer for untimely child support payments

In Illinois, you can be fined $100 per days for each child support payment not made timely. And this penalty can be assessed against an employer who fails to withhold and timely pay child support out of an employee's paycheck. According to a recent article, that is exactly what happened to an Illinois employer who failed to withhold and timely pay the child support payments a father owed. The Illinois Supreme Court upheld a child support penalty of $1.2 million dollars against the employer--who just happened to be the father of the man owing the support. The amazing part of the story is that the amount of child support owed was only $12,382.00. Talk about a penalty! I imagine other Illinois employer's will be careful about timely withholding and paying child support payments.

It's all in the middle name

Here is a crazy story out of Tennessee in which the state is pursuing a man for $50,000.00 back child support. The problem is the state has the wrong man. According to the article, Dennis K. Brannon is being sent letters demanding payment of back child support; however, the real dad is Dennis Joe Brannon. You would think a call to the child support office would rectify the matter, but the wrongly accused Brannon said the state requested him to take a DNA test to prove he is not the father. And we wonder why some folks grow tired of the whole process.

Ravens fanatic lands in jail

A Baltimore Ravens fan who perched himself on a roof until the Ravens won or the coach was fired got a lot of publicity. Unfortunately for him, one of the people watching the news coverage was his ex-wife who alerted police to the outstanding warrants for his arrest due to non-payment of child support. According to reports, the man, dubbed the "Goof on the Roof", owes over $40,000 in back child support and will now be answering the judge's questions about how he was able to afford Raven memorabilia but unable to pay child support. This man's fifteen minutes of fame will cost him.

Two Army colonels face criminal charges over DNA scam

When I served in the military, random drug testing was standard and steps were taken to ensure that someone did not pose as another in an attempt to beat a drug test. But here is a new one. An U.S. Army colonel is accused of posing as his friend to give a DNA sample in a child support dispute.

According to reports, a Virginia woman sued Colonel Carlson for child support and a paternity test was ordered. Instead of Carlson showing up for the test, his friend Colonel Adkins showed up posing as Carlson in hopes of defeating paternity. Now both face criminal charges in addition to the end of their military careers if found guilty.

If the allegations are true, one has to wonder what these two, supposedly intelligent, individuals were thinking. If you are the father of a child, you have a legal obligation, not to mention a moral one, to support your child. Remember, child support is for the child, not the parent. So no matter what your feelings are towards the child's mother, the support is for the child.

NOTE: I had a reader send me an e-mail saying my comments only pointed out the child support obligations of fathers, not mothers. Although the story was about a father allegedly attempting to shirk his responsibilities, it should be reiterated that child support is the responsibility of both parents.

Man unlikely to get father of the year

A Michigan father (using that term loosely) failed in his attempt to get out of paying child support given he did not want the child. He argued that his girlfriend said she was infertile and was also taking birth control as extra protection. After the relationship soured, she informed him she was pregnant. He argued that the mother had the right to chose an abortion (in his words, a choice to disclaim parenthood), so he should have the equal right to disclaim parenthood by not paying child support.

The 6th Circuit Court of Appeals didn't buy his argument and agreed with the lower court which dismissed his claim as meritless. Essentially, Michigan's paternity laws, similar to other states, are gender neutral, placing the obligation of support on both parents. Given it is a gender neutral law, it does not violate the Equal Protection Clause.

For a copy of the decision, click here.

Child support—some avoiding jail, while others get out to work off non-payment

More news today about different states cracking down on parents who fail to pay their child support. In Pittsburgh, a five-day amnesty program expired on Friday allowing parents who had warrants for their arrest for non-payment of child support to come forward, pay the support, and avoid jail time. During the five-day program, over $118,000 in child support was collected according to the article in the Pittsburgh Post-Gazette.

While amnesty was offered in Pennsylvania, Georgia officials were starting a work-release program for those parents jailed for non-payment of child support, according to a recent article out of Savannah.

The non-payment of child support is a difficult situation to generalize. There are many stories of people who do not pay up until such time as they are facing time behind bars while there are others who do not have the means, or limited means, to pay the support orders in place. There are no easy answers, but at least some states are attempting to find workable solutions to the problem.

In Mississippi, court can't require child support past 21st birthday.

In a case last week out of Jackson County, the Mississippi Court of Appeals reaffirmed the rule that a parent can not be obligated to pay for a child’s expenses past the age of 21. Daniels v. Bains was a paternity action and child support case. After DNA testing proved Daniels as the father, the court ordered Daniels to pay child support. Part of the support order required Daniels to pay for his daughter’s college expenses. Specifically, he was required to pay all of his daughter’s undergraduate college expenses and one-half of the expenses for graduate school, conditioned on his daughter’s grades.

On appeal, Daniels argued the order required him to pay for expenses after his daughter turned 21, the age of emancipation in Mississippi. The Mississippi Court of Appeals agreed and reversed the part of the order requiring him to pay beyond his daughter’s 21st birthday. As the court reiterated, Mississippi Code Sec. 93-11-65(8) states in part, “the duty of support of a child terminates upon the emancipation of the child.” Emancipation occurs at the latest when the child turns 21 years old. For more discussion on this issue, see my previous post.

In Mississippi, unlike a majority of states, a child is emancipated at the latest when they turn 21 years old. Once emancipated, a court cannot obligate the parent to pay child support, whether it is basic living expenses or expenses related to college.

Moms also on the run for failing to pay child support

The news is filled with stories of deadbeat dads who fail to pay their child support and are on the run from the law. In a story this week out of Indiana, the focus is on mothers who fail to pay child support and are now running from the law. While Mississippi does not have any mothers in the top ten list of parents who owe child support, you can be assured some are on the payments owed list.

Cover your financial bases

Here is an interesting article in the USA Today entitled "Breaking up is hard to do financially." It offers advice for the top 5 financial mistakes couples make when divorcing. For those divorcing in Mississippi, you should discuss this advice with your attorney to ensure you are protected financially.

Failing to pay child support in Mississippi can be a felony

In a previous post, I spoke about different forms of punishment the federal and state government can use to those who fail to pay child support. The one thing I did not speak about is putting you in jail. Yes, a person who intentionally fails to pay child support in the State of Mississippi could be guilty of a felony and subject to fines and/or prison time.

Under Mississippi law, it is a felony to “desert or willfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while said child or children are under the age of eighteen (18) years.”

Continue reading "Non-payment of child support in Mississippi can land you in jail" »

Child Support fee waived by Texas and Arkansas

In an update to a previous post regarding custodial parents being hit with a federally mandated $25.00 fee to help defray the cost of collecting child support, two more states have jumped on the bandwagon to waive the fee for those custodial parents. According to a recent article, Texas and Arkansas are the most recent states to say they will not charge the fee or they will collect it from the non-custodial parents who owe the child support. Maybe Mississippi will be the next state to see the inequity of charging this fee to those who are owed the child support.

New law hopes to increase child support collections

A new law in Maryland hopes to reduce the amount of child support arrearages. Here is the problem. A non-custodial parent is ordered to pay monthly child support. After a year, the parent gets behind in child support payments and the amount owed increases. However, the parent does not have the money to make both the child support payment and pay off the amount owed in back child support. So what happens? Little or nothing is paid on the debt. Maryland is offering a solution and a reprieve to some of its citizens, according to a news report today.

Under the law, if a person makes 12 consecutive monthly court-ordered payments, the arrearages is reduced by fifty percent. If the person makes the payments for 24 months, the balance is reduced to zero. While not everyone qualifies under the new law, this program does seek to offer a solution to the problem of non-payment of child support. Putting the non-custodial parent in jail does little to resolve the situation. Maybe this financial incentive will get more non-custodial parents to make good on their financial obligations and serve as a model for other state legislatures to follow.

Custodial parent says fee for collecting child support unfair

In an story out of Meridian, Mississippi, a mother received a letter from the Mississippi Department of Human Services charging her a $25 fee for collecting child support. Under federal law, the fee is charged when DHS is successful in recovering child support where the custodial parent has not received public assistance.

The fee is nominal in comparison to the taxpayer dollars spent collecting the child support, but the question becomes why the fee is not charged to the non-custodial parent who owed the child support.

Don’t pay your child support in Mississippi—lose your license?

States are attempting to crack down on parents who fail to pay child support. In a story yesterday out of Memphis, the Tennessee Department of Human Services is seeking to revoke the licenses (drivers, professional, hunting and fishing) of more than 14,000 parents who are behind on their child support payments. For those in Mississippi, similar laws are on the books. The majority of these laws came out of a push by Congress to crack down on parents who failed to pay child support. All states have laws which require the suspension of licenses (drivers, professional, occupational, and recreational) if the person does not pay child support as required by law.

Under Mississippi law, all licensing agencies are required to report the names of individuals who hold licenses to the Mississippi Department of Human Services, Division of Child Support Enforcement. If a person holding a license issued by the State of Mississippi becomes delinquent in paying child support, then the State can start suspension proceedings against the individual.

Continue reading "Parents who don’t pay child support BEWARE—Mississippi could revoke your license" »

If my ex's income doubles next year, can I seek a change in child support?

Yes. In Mississippi, there is a test, just like in my previous post about child custody modification, which must be followed to determine this issue. The test requires the moving party to prove:

“that a material change in circumstances has occurred since the entry of the decree, that such change was unforeseeable at the time of the decree, and that the change was not caused by willful or bad faith actions of the moving party’s part.”

Continue reading "Child Support (Part III)—Can a child support order be modified?" »

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.

Continue reading "Child Support (Part II)--Can the Chancellor vary from the statutory child support guidelines?" »

Does Mississippi have child support guidelines?

Mississippi, like most other states, has established specific guidelines for child support. According to Mississippi Code Section 43-19-101, if your adjusted gross income is between $5,000 and $50,000 a year, then the non-custodial parent shall pay the following percentage of their adjusted gross income in child support.

Children / Adjusted Gross Income
1 / 14%
2 / 20%
3 / 22%
4 / 24%
5 or more/ 26%

Continue reading "Child Support (Part I)--How much will I have to pay in child support?" »

Can I keep my child from my ex-spouse who is a “dead-beat” when it comes to paying child support?

The simple answer is no. Visitation and support are two legally independent matters. They are not tied to each other. If one parent does not make child support payments, the other parent can not legally keep the children from that spouse. To do so would risk being held in contempt of court. You do not want to be held in contempt of court as you risk being jailed, or at a minimum, you will probably be required to pay the attorney’s fees of your spouse. If one spouse does not pay child support, you need to contact an attorney to have those legal obligations enforced by the court. You may also get assistance by contacting the Mississippi Department of Human Services, Child Support Division.

More importantly, don’t keep the kids from their other parent. Remember, the children’s welfare is paramount. Even if one parent is a “dead-beat” non-paying spouse, that person is still the parent of your child and the child needs to have a relationship with both parents.