Full question:
My husband and I have been separated for two years and are going to get divorced. We have two children together. What are the factors that court takes into consideration when determining the child support amount in Mississippi?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Mississippi
Answer:
In Mississippi, the court typically orders the non-custodial parent to pay child support based on a percentage of their gross income, which varies depending on the number of children. The guidelines for determining child support are outlined in MS Code § 43-19-101 (2013). Here’s a summary of the key points:
- Percentage of Income: The percentage of adjusted gross income due for child support is as follows:
- One child: 14%
- Two children: 20%
- Three children: 22%
- Four children: 24%
- Five or more children: 26%
- Adjustments: The court can adjust the amount if applying the guidelines would be unjust or inappropriate, based on criteria in Section 43-19-103.
- Adjusted Gross Income Calculation: This includes all potential income sources, such as wages, self-employment income, investments, and government benefits, minus certain legally mandated deductions like taxes and retirement contributions. If the non-custodial parent has other court-ordered support obligations, that amount can also be deducted.
- Health Insurance: The court will consider the availability and cost of health insurance for the children. If the custodial parent must obtain coverage, its cost will be factored into the child support amount.
For incomes over $50,000 or under $5,000, the court must document whether the guidelines are reasonable. The Department of Human Services reviews these guidelines every four years to ensure equitable support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.