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State: Mississippi

Timothy M. Hayden

Written by Abby Johns on .

Tim Hayden is a Mississippi-based experienced attorney and recognized as the 2018 YW’s Attorney of the Year for Region 5. He is a member of the Mississippi Bar Association and the Rankin County Bar Association. Tim’s legal expertise spans various areas, including domestic relations, insurance defense, contract matters, construction law, wills and estates, homeowner association matters, and state employee appeal matters. Tim’s commitment to his clients and his ability to achieve positive outcomes in challenging situations make him a respected figure in the legal community.

Mississippi Child Support Laws – FAQs

Written by Joseph E. Cordell on .

Cordell & 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.

Mississippi Child Custody Questions

Written by Joseph E. Cordell on .

Mississippi child custody attorneys provide answers to frequently asked questions with regards to Mississippi child custody and Mississippi custody laws.

How is Mississippi child custody decided? Who will get custody of our child?

Ultimately that decision will be left up to the Chancery Court unless you and your spouse reach an agreement. For determining custody, the court will use the Albright factors to determine what is in “the best interest of the child.” The factors are:

  1.  the child’s age, health, and sex;
  2.  which parent had the continuity of care before the separation;
  3.  which parent has the best parenting skills and the willingness and capacity to provide primary child care;
  4.  the parents’ employment and the responsibilities of that employment;
  5.  the parents’ age and their physical and mental health;
  6.  the emotional ties of parent and child;
  7.  the parents’ moral fitness;
  8.  the child’s home, school, and community record;
  9.  the preference of the child, if the child is age 12 or older;
  10.  the stability of home environment and the parents’ employment; and
  11.  any other factors relevant to the parent-child relationship.

What is joint custody? What is sole custody?

First of all, there are two types of custody in Mississippi, physical custody and legal custody.

Physical custody is the period of time during which a child resides with or is under the care of one of the parents. Legal custody is the decision-making rights related to a child’s health, education, and welfare.

Joint physical custody means that a child spends significant periods of physical custody with each parent. When joint legal custody is awarded, parents share decision-making rights with regard to the child.

Sole physical custody means that one parent has the child for the majority of the time and the other parent has visitation.

Sole legal custody means that one parent makes the decision-making rights with regards to a child’s health, education, and welfare.

If both parents share custody, does anyone pay child support?

Almost always, someone will have to pay child support. Section 43-19-101 of the MS. Ann. Code of 1972 spells out the child support guidelines. Even in joint physical custody situations, someone is ordered to pay child support most of the time.

Can a parent refuse to allow visitation if child support is not paid?

No, you need to continue to honor your obligations under your judgment even if the other side is not honoring their obligations.

Refusing visitation to the other parent could prevent you from being able to obtain child support in a contempt action under the “unclean hands” doctrine. It also could result in you being found in contempt for refusing visitation to the other parent.

When can my child decide which parent to live with?

A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright “best interest of the child” test.

If you have an existing judgment, then you have to be able to show a material change of circumstances in the custodial parent’s home adversely affecting the child in order to modify custody. A child turning 12 years old does not automatically constitute a material change of circumstances by itself.

Do grandparents have custody and visitation rights?

Section 93-16-3 of the MS. Ann. Code of 1972 addresses grandparent visitation rights.

Under subsection (1): Whenever a court of this state enters a decree or order awarding custody of a minor child to one of the parents of the child or terminating the parental rights of one of the parents of a minor child, or whenever one of the parents of a minor child dies, either parent of the child’s parents may petition the court, in which the decree or order was rendered or, in the case of the death of  a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child.

Any grandparent who is not authorized to petition for visitation rights under the paragraph above may petition the chancery court and seek visitation rights with his or her grandchild, and the court may grant visitation rights to the grandparent, provided the court finds: (a) That the grandparent of the child has established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and (b) that visitation rights of the grandparent with the child would be in the best interests of the child.

What can I expect from temporary orders?

It depends on the judge. Sometimes there will be a full hearing. Other times, each party only gets 15 minutes each.

You need to be familiar with how your judge does things and be able to make your most important points in a short timeframe. A temporary custody order will remain in effect until it is modified, vacated, or a final judgment of divorce is entered.

When will child custody be decided?

Child custody will be decided at the time a divorce is entered. Many times, the court will enter a temporary order until a final judgment can be reached.

In Mississippi, complaints for divorce on the ground of irreconcilable differences must be on file for 60 days before they can be heard. There is no time limit on a fault ground divorce, but the timing will vary depending on the county, in which your case is litigated.

When can I modify custody?

A three-step test governs a request to modify custody.

First, the moving party must establish by a preponderance of the evidence that, since entry of the judgment sought to be modified, there was a material change in circumstances. The material change in circumstances must occur in the custodial home.

Second, the change must adversely affect the welfare of the child.

Third, if an adverse change is shown, the moving party must also show that the best interest of the child requires the change of custody.

What if we cannot agree on a custody arrangement?

Then a trial will be had in the chancery court and the chancellor will decide.

What is an ex parte order?

An order that is entered regarding two parties with only one party being present. The most common way an ex parte order is entered is when only one attorney goes to present an agreed judgment of divorce; however, an ex parte order can be entered under more strenuous circumstances, like when someone needs an emergency protective order.

How can I increase my chances at getting a larger custody agreement?

Review the Albright factors and put yourself in the best position that you can according to each factor.

What is visitation?

Visitation is the time that the non-custodial parent gets with the child.

Can a judge order supervised visitation or no visitation?

Yes, but this is not ordinarily done. There has to be a good reason for doing so.

What should I know before a custody trial?

Be aware of the Albright factors and always keep the best interest of the child in mind when making decisions.

Can I collect my own evidence to use if my custody case goes to court?

You may, depending on the circumstances. Some things will have to be authenticated to be admissible at trial. If you are looking to prove adultery, you may want to use a private investigator so that you do not give away your hand and so that you do not create a dangerous environment.

Do I need to use a Guardian ad Litem/custody evaluator?

In Mississippi, a Guardian ad Litem shall be appointed if there is an allegation of “abuse” or “neglect.” The court has discretion to appoint a GAL to assist with custody absent allegations of “abuse” or “neglect.” The hiring of a GAL will make your case more expensive.

Will my child need to appear in court?

Generally, a child younger than the age of 12 will not need to appear in court unless there is a dangerous situation that they are needed to testify about.

If a child is age 12 or older they can usually sign a parental preference affidavit, and testimony is not necessary. Testifying in court can have a very negative impact on a child and should be avoided when possible.

What is the Parental Kidnapping Prevention Act?

A Federal law that was created in an attempt to reduce interstate conflicts over jurisdiction and discourage “forum shopping” by parents who are dissatisfied with an existing or pending custody order made pursuant to the laws of their child’s “home state.”

What if my wife tries to move the kids out of state?

You should have her served with a summons and complaint for divorce within six months of her moving, so that where she moves does not become the home state of the child. If you do not have her served within six months, then she may serve you and you could have to litigate in the foreign state that she moves.

Can a parent change the child’s last name without the other parent’s permission?

No.

If I have custody, will I receive child support?

The answer to this is almost always yes. There are limited circumstances where the answer is no, but almost always yes.

Mississippi

Mississippi Resources

Written by Joseph E. Cordell on .

Clients going through a Mississippi divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s Mississippi divorce lawyers focus on representing clients during the divorce process and that gives them a better understanding of how the state’s laws affect them and their families.

Read through our Mississippi divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Mississippi will improve your ability to communication with your divorce lawyer, which goes a long way toward helping your reach your goals in Mississippi family court.

Mississippi Residency Requirements

To file for divorce in Mississippi, one of the parties to the action must have lived in the state for six months next preceding the commencement of the suit.

If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.

Mississippi Grounds for Divorce

If both parties agree, a divorce may be issues on grounds of irreconcilable differences. There are also 12 other causes for divorce in Mississippi:

a) Natural impotency.
b) Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery.
c) Being sentenced to any penitentiary, and not pardoned before being sent there.
d) Willful, continued and obstinate desertion for the space of one year.
e) Habitual drunkenness.
f) Habitual and excessive use of opium, morphine or other like drug.
g) Habitual cruel and inhuman treatment.
h) Insanity or idiocy at the time of marriage, if the party complaining did not know of such infirmity.
i) Marriage to some other person at the time of the pretended marriage between the parties.
j) Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of such pregnancy.
k) Either party may have a divorce if they be related to each other within the degrees of kindred between whom marriage is prohibited by law.
l) Incurable insanity.

Mississippi Division of Property

Mississippi is an equitable distribution state. This means that with regard to Mississippi divorce assets, anything the spouses brought into a marriage usually will not be included in Mississippi divorce assets or Mississippi divorce property. The only property that comes into the court’s distribution is that which is legally classified as property of the marriage subject to Mississippi case law.

Mississippi Spousal Support

The court may order maintenance and alimony of the wife or the husband, or any allowance to be made to her or him, and shall, if need be, require bond, sureties or other guarantee for the payment of the sum so allowed.

Mississippi Child Custody

In Mississippi, there is a presumption that joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody. When parents cannot work out an agreement, a judge will award custody according to the best interests of the child standard with no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.

Also, a child who is at least 12 years of shall have the privilege of choosing the parent with whom he/she shall live.

Mississippi Child Support

The court may require that each parent contribute to the support of the children in proportion to the relative financial ability of each. Child support terminates upon the emancipation of the child. Emancipation occurs when the child:

a) Attains the age of 21 years, or
b) Marries, or
c) Discontinues full-time enrollment in school and obtains full-time employment prior to attaining the age of 21 years, or
d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of 21 years.

Ridgeland divorce attorney Jerrod M. Rayborn

Jerrod M. Rayborn

Written by Abby Johns on .

Divorce is considered one of the most difficult and emotionally draining life experiences a man can go through. Ridgeland divorce attorney Jerrod M. Rayborn is passionate about helping people through situations that are especially difficult.

During the course of a divorce, there are inevitably a lot of emotional highs and lows. Many guys make the mistakes of living and dying with those ups and downs. Mr. Rayborn distinguishes himself by remaining consistent and maintaining his composure, despite how it might seem the case is going.

“I can keep a level head when most other people are not doing so,” Mr. Rayborn said.

It is impossible to guarantee the results of any divorce case, but Mr. Rayborn does promise to do whatever is within his power to make sure his clients are fairly represented and have their voices heard in family court.

“The process will not be easy, but you will get through it,” he said. “I am diligent and will put forth my best effort.”