Child Support

The judge must use the Mississippi Child Support Award Guidelines to set a child support amount unless they believe the amount the guidelines suggest is unfair (unjust) or inappropriate for a specific case.¹ For example, if the noncustodial parent’s adjusted gross income is less than $10,000 or more than $100,000, the judge will explain in a written order whether or not using the guidelines is reasonable. If the parent has a limited ability to pay, the court will also factor in their basic subsistence needs.²

Mississippi law lists ten situations where a judge can make exceptions to the guidelines. If the judge wants to set a higher or lower support amount, they must rely on one or more of these to explain why the guidelines are unfair or don’t fit your case. The judge will consider:

1. Any extraordinary medical, psychological, educational, or dental expenses;
2. If your child has an independent income;
3. If the parent who has to pay child support also pays spousal support;
4. Seasonal variations in one or both parents’ incomes or expenses;
5. The age of your child, considering that an older child may need more financial support than a younger child would;
6. Any special needs your child has that have traditionally been covered by the family budget, even if paying for those needs will cause the support amount to be higher than what the guidelines suggest;
7. If the custody arrangement in your case calls for a different amount - for example, if:
   • the noncustodial parent spends a lot of time with your child, which reduces the custodial parent’s expenses;
   • the noncustodial parent refuses to be involved in your child’s activities; or
   • the custodial parent contributes a lot of “homemaking services;”
8. The assets that both parents and the child have available;
9. If the noncustodial parent needs to pay for childcare because they are disabled, or so that they can work or look for work; or
10. Any other situation where the judge may need to adjust the support amount to get a fair (equitable) result - for example, if there is a reasonable and necessary expense or debt.³

¹ Miss. Code §§ 43-19-101(1), (2); 43-19-103
² Miss. Code § 43-19-101(4)
³ Miss. Code § 43-19-103