Mississippi courts use a formula to calculate child support amounts, but generally speaking, the amounts are based on two factors: 1. the needs of the child; and 2. the ability of the parent to pay.
This means that at the time the court is considering the child support amount in a certain case, it looks at the paying parent’s income and financial resources as well as the costs necessary for taking care of their child. It then issues a child support order, requiring the paying parent to pay a certain amount to the state, commonly on a monthly basis. The state then pays the amount to the custodial parent to take care of the child.
So, what happens if either of those two factors changes? What if the child’s needs change? What if the parent’s ability to pay changes? Can either parent request a modification to the child support order?
Substantial change
First, note that parents can request Mississippi courts review their child support orders every three years. If the child’s needs or a parent’s ability to pay has changed during that time, the court may modify the order.
But every parent knows that a child’s needs can change quickly. And a parent’s financial situation can change quickly, as well. If a parent loses a job, is injured, or otherwise loses income, they can quickly fall behind on child support payments. Their unpaid amount gathers interest and quickly becomes a serious problem
The state has many ways to enforce the order. These include wage garnishment, interception of tax refunds. In some cases, a parent may even face jail time.
Modification
To avoid these penalties, the paying parent must request a modification to their child support order.
If their request falls outside of the three-year review period, the parent must show a substantial change in circumstances. This might involve a substantial change in income for the paying parent, changes in the health of the parents or the child, increased expenses or other changes.
This process can be somewhat complicated, and the stakes can be quite high. It’s smart for parents to seek out advice.