Child Support
Child support ensures that both parents contribute financially to the cost of raising their child regardless of the custody arrangement. In Mississippi, child support is calculated under statutory guidelines that provide a starting point, but the specific amount in any given case depends on the income of both parents, the custody arrangement, and other relevant circumstances. At Tollison & Webb P.A., we represent clients in child support proceedings throughout North Mississippi, including initial support determinations, enforcement actions, and modification requests.
How Child Support Is Calculated in Mississippi
Mississippi uses an income shares model for calculating child support, which considers the income of both parents and attempts to approximate the amount that would have been spent on the child if the family had remained intact. The guidelines produce a presumptive support amount based on the combined adjusted gross income of both parents and the number of children. That amount is then allocated between the parents in proportion to their respective incomes.
The guidelines apply in most cases, but courts may deviate from the guideline amount when the circumstances warrant it. Factors that can justify a deviation include extraordinary medical or educational expenses, significant travel costs for visitation, the child’s specific needs, and situations where strict application of the guidelines would be unjust or inappropriate. We present the full financial picture in every child support proceeding and argue for the amount that accurately reflects the child’s needs and each parent’s ability to contribute.
Additional Child Support Expenses
Beyond the base child support obligation, Mississippi courts regularly address additional expenses that are not fully captured by the guideline amount. These include health insurance coverage for the child, unreimbursed medical and dental expenses, childcare costs related to employment or job training, and in some cases educational expenses. The allocation of these costs between parents is addressed either in the support order itself or through separate agreement, and we ensure our clients understand and negotiate these provisions carefully.
Child Support Enforcement
A child support order is legally binding, and failure to pay is not a matter the courts treat lightly. When a parent is not paying court-ordered child support, there are several enforcement mechanisms available. We file contempt petitions against non-paying parents, which can result in sanctions including fines, attorney fee awards, and incarceration. Mississippi also allows income withholding orders that direct an employer to deduct child support directly from the paying parent’s wages, license suspension for non-paying parents, and interception of tax refunds. We pursue the enforcement mechanism that is most likely to produce results in the specific circumstances of each case.
Child Support Modifications
Child support orders can be modified when there has been a substantial change in circumstances since the original order was entered. Common grounds for modification include a significant change in either parent’s income, a change in the custody arrangement, a change in the child’s needs, or the loss of employment by the paying parent. The change must be material and ongoing rather than temporary to justify modification.
It is important to understand that a child support obligation does not automatically change when circumstances change. The order remains in effect and arrears continue to accrue until a court formally modifies it. If your financial situation has changed significantly, contact us promptly to discuss whether a modification is appropriate and how to pursue it.
Child Support and Custody Arrangements
The custody arrangement directly affects the child support calculation. When one parent has primary physical custody, the other typically pays support based on the guideline amount. In joint physical custody arrangements where the child spends significant time with both parents, the calculation may be adjusted to reflect each parent’s share of direct expenses. We advise clients on how proposed custody arrangements will affect child support obligations so they can make informed decisions about both issues together.
Frequently Asked Questions
How long does child support last in Mississippi?
Child support in Mississippi continues until the child reaches age 21, unless the child marries, becomes emancipated, or joins the military before that age. This is longer than in many other states, where support ends at 18. The extended obligation applies to educational support as well, which can be a significant factor in cases involving college-age children.
Can child support be waived by agreement between the parents?
No. Child support belongs to the child, not the parent, and parents cannot waive it by private agreement. A court must approve any child support arrangement, and a judge will not approve an agreement that leaves the child without adequate financial support. Even if both parents agree to waive support, the court has the authority and obligation to ensure the child’s financial needs are met.
What happens if I lose my job and cannot pay child support?
Contact an attorney immediately and file for a modification as soon as possible. Your obligation to pay does not stop because your circumstances have changed, and arrears will continue to accrue until the court modifies the order. Courts are generally willing to modify support when there has been a genuine, involuntary loss of income, but they cannot retroactively reduce arrears that have already accrued. Acting quickly limits the amount that accumulates before the modification takes effect.
Can I stop paying child support if my ex is denying me visitation?
No. Child support and visitation are separate legal obligations. Withholding support because visitation is being denied will result in enforcement action against you and will not help you enforce your visitation rights. The proper remedy for denied visitation is a contempt petition. We handle both issues and can pursue enforcement of your visitation rights through the correct legal channels while ensuring your support obligations are properly addressed.
How is child support collected if the paying parent lives in another state?
Interstate child support matters are governed by the Uniform Interstate Family Support Act, which Mississippi has adopted. A Mississippi support order can be enforced in another state, and income withholding orders can be directed to out-of-state employers. We handle interstate support enforcement and work with the appropriate agencies to ensure that geographic distance does not become a barrier to collecting what your child is owed.
Contact a Child Support Attorney in North Mississippi
If you have a child support matter in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.
Call (662) 234-7070 or contact us online.