During a divorce proceeding, the child support obligation will be set by the judge. Child support obligations also arise when a child is born out of wedlock. If a petition for child support is filed, then the judge will set the amount.
The amount of child support can be modified when when there is a either a change of income or some other material change of circumstances.
The guidelines for setting child support are contained in Mississippi Code Sections 43-19-101 and 43-19-103. The amount of child support is usually set as a percentage of your adjusted gross income based on the number of children. The current statutory percentages are:
|1||2||3||4||5 or more|
Unfortunately, sometimes one parent will try to hide income to pay less in child support. Or, the parent may be able to manipulate their income to lower their child support obligation by showing less income on tax returns. This can be done by not disclosing cash income and/or by deducting questionable expenses. If you are able to prove this type of behavior, the court can impute income to the parent.
The Chancery Court does have some additional discretion in determining the child support amount beyond the statutory guidelines. A departure from the guidelines is permissible when the Chancery Court makes a finding that the application of the guidelines would be unjust or inappropriate.
Our lawyers have experience handling the most complicated child support issues. We know how small businesses and sole proprietors hide income. We can help you track down undisclosed accounts and income producing assets.
Regardless of your situation, we will work with you to make sure that the Court orders the right amount of child support.