Child Support: What Parents Need to Know

Cases involving money, divorce, and children can be the most painful and emotional of all. Child support cases involve all three of these issues and therefore the table is set for an emotionally charged proceeding. Parents involved in a child support case, whether as a custodial parent or a non-custodial parent, should be aware of laws to protect yourself and prepare for any potential changes in your situation. Knowing the laws and the responsibilities of each party can help alleviate and avoid potential conflicts. Paying child support is a very serious responsibility and the courts do not take the responsibility lightly. Unwillingness to pay child support can result in a wage withholding order against your salary and even land you in jail. It is important to note that a parent’s responsibility to pay child support is to the child and does not extend to the not to the ex-spouse or other parent. Therefore, a change in marital status by either party or the birth of additional children in a subsequent marriage may not affect the original obligation. In addition, a custodial parent cannot deny visitation to the other parent for any reason, including late support payments. In Mississippi, child support responsibilities usually end when the child turns 21 years of age, gets married, enters the military, or becomes self-supporting. In some instances, when the child reaches the age of 18 and forgoes full-time enrollment in school, cohabits with another person without the approval of the paying parent or is incarcerated for more than 2 years the court can decide to suspend the parents child support obligation. All of the described scenarios encompass what is known as emancipation. A paying parent can also seek a reduction in their child support payments if their salary decreases or there is an inability to pay. Conversely, the court may order an increase in child support payments if the salary increases substantially. Although the presumption favoring the mother has eroded and the case law of Mississippi has placed the father on a level plating field, most divorce courts award custody of any children to the mother. As the custodial parent, the mother has the legal responsibility to assure that all the father’s child support payments benefit the child, not herself. It is important to note that any and all modifications to a child support arrangement must take place through the courts and not by a verbal agreement between the parties. A mother may ask the courts for additional support money from the father as the child ages, to adjust for inflation, or because of a child’s increased medical expenses. While awareness of the finer points of the law are important, a mother and father should remember above all else that each has a moral and legal responsibility to their child. The law recognizes that just as both mother and father were involved in the creation of the child, both parents, should actively participate in the support and care of that child. You should always seek advice from an experienced Mississippi Family Law Attorney that specializes in Child Support and Child Custody.