Mississippi Child Support Laws - FAQs | Cordell & Cordell

Mississippi Child Support Laws – FAQs

Mississippi child support lawsCordell & Cordell Mississippi child support lawyers answer frequently asked questions concerning Mississippi child support laws. 

How is Mississippi child support determined?

Mississippi child support is governed by Sections 43-19-101 and 43-19-103 of the Mississippi Annotated Code of 1972, as amended. In Mississippi, the person who is obligated to pay child support is often referred to as the “obligor” and the person entitled to receive child support is often referred to as the “oblige.” 

Mississippi does not consider the income of both parents when calculating child support. Mississippi only considers the income of the non-custodial parent. In Mississippi for one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income. For four children the non-custodial parent pays 24% of their adjusted gross income. For five or more children the non-custodial parent pays 26% of their adjusted gross income.

How long will I have to pay child support in Mississippi?

The duty of support of a child terminates upon the emancipation of the child. Emancipation shall occur when the child attains the age of 21, marries, joins the military and serves on a full-time basis, or is convicted of a felony and is sentenced to incarceration of two or more years for committing such felony.

Mississippi child support calculator

The first step in calculating child support is to determine the gross income of the obligor. That is done by taking all potential sources that may reasonably be expected to be available to the non-custodial parent. 

Next subtract the legally mandated deductions which consist of federal, state, and local taxes; social security contributions; retirement and disability contributions except any voluntary retirement and disability contributions. If the absent parent is subject to an existing child support order for another child, subtract the amount of that court ordered support. 

Next compute the total annual income of adjusted gross income based on the following percentages: For one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income. For four children the non-custodial parent pays 24% of their adjusted gross income. For five or more children the non-custodial parent pays 26% of their adjusted gross income.

Deviation from the Mississippi Child Support Guidelines

The child support guidelines may be overcome by showing extraordinary medical, psychological, educational, or dental expenses; independent income of the child; payment of both child support and spousal support to the oblige; seasonal variations in one or both parents’ income and expenses; the age of the child; particular shared custody arrangement; total assets of the oblige, obligor and the child; payment by the oblige of child care expenses in order that the oblige may seek or retain employment, or because of disability of the oblige; any other adjustment which is needed to achieve an equitable result.

Retroactive child support in Mississippi

If the parties are not married the Court may retroactively order child support for up to one year.