Mississippi Child Support Laws

Quick Summary: Mississippi Child Support

• Calculation method: Percentage of Income Model
• Key statute: Mississippi Code section 43-19-101
• Age of termination: 21 years old
• Basic percentages: 14% (1 child) to 26% (5+ children) of adjusted gross income
• Review period: Every 3 years for IV-D cases

If after reading this you have further questions and would like a consultation, you can get a free case consultation from a local lawyer here.

Why establish paternity in Mississippi

Under Mississippi child support laws, parents must support their children until the age of 21. Establishing paternity early provides several benefits:

• Gives the child legal access to both parents’ disability, death, and insurance benefits
• Ensures the child can receive support from both parents
• Reduces conflict between parents regarding financial responsibility
• Provides the child with family medical history

Paternity in Mississippi can be established through:

• Voluntary acknowledgment: The father signs an Acknowledgement of Paternity form at the hospital
• Court order: If the father refuses to sign, the Division of Field Operations at the Department of Human Services can assist
• Genetic testing: DNA testing can conclusively establish biological parentage

Note that paternity can be disestablished under certain circumstances if later evidence shows the acknowledged father is not the biological parent.

How to apply for child support in Mississippi

To apply for child support services in Mississippi:

1. Call 601-359-4861 or visit the MDHS website
2. Download and complete the application
3. Mail it to the Department of Human Services with the $25 service fee

You will need:

• Proof of residency (utility bill, receipts, etc.)
• Valid identification
• Birth certificates for all children
• Paternity test results (if applicable)
• Divorce records (if applicable)
• Wage information for both parents
• The other parent’s last known address and employer

The $25 application fee is waived for mothers receiving SNAP, Medicaid, or TANF assistance.

How is child support calculated in Mississippi?

Mississippi uses the Percentage of Income Method to calculate child support. This straightforward approach applies specific percentages to the non-custodial parent’s adjusted gross income based on the number of children.

Calculation steps

1. Determine gross income: Include wages, salaries, interest, disability benefits, and all other income sources
2. Calculate adjusted gross income: Deduct federal, state, and local taxes, Social Security contributions, and other permitted deductions
3. Divide by 12: Convert to monthly adjusted gross income
4. Apply the percentage: Use the table below based on the number of children

Mississippi child support percentage table

Factors considered when awarding support

Beyond the basic percentage, the court considers the “best interests of the child” and may adjust the amount based on:

• The gross incomes of both parents
• Seasonal variations in income
• The age of the child
• Available assets of both parents
• Special needs of the parents or children
• Extraordinary medical or educational expenses

How to modify child support in Mississippi

Mississippi child support guidelines recognize that circumstances change. Parents may petition for modification when there is a “substantial or ongoing change in financial circumstances.”

A substantial change is generally defined as a 25% increase or decrease in a parent’s adjusted income.

Grounds for modification

• Significant income change (25% or more)
• Job loss or disability
• Incarceration
• New children to support
• Change in custody arrangements
• Significant medical expenses

IV-D case reviews

For IV-D cases (where the state provides enforcement assistance), parents are notified of their right to request a review every 3 years. Non-TANF reviews require a written request.

To begin the modification process, call 601-359-4861 or visit the Office of Child Support Enforcement in your area. There is no fee for requesting a modification.

Enforcement and penalties for non-payment

The Division of Child Support Enforcement (DCSE) within the Mississippi Department of Human Services enforces child support orders. Available enforcement actions include:

• Income withholding: Employers are ordered to withhold support directly from wages
• Tax refund interception: State, local, and federal tax returns may be seized
• Passport denial: If arrears exceed $2,500, passports are denied, restricted, or revoked
• Credit bureau reporting: Delinquency affects credit scores, mortgages, and employment opportunities
• Property liens: Claims may be placed against real and personal property
• License suspension: Driver’s, professional, and recreational licenses may be suspended

Criminal penalties in Mississippi

Mississippi takes non-payment of child support seriously. Criminal consequences include:

• Contempt of court: May result in jail time, typically up to 6 months
• Felony charges: Non-payment becomes a felony when arrears reach 180 days past due or 9 times the monthly support amount
• Maximum penalty: Up to 2 years in prison for felony non-support

Contempt proceedings

When charged with contempt, the paying parent must appear in court to “show cause” for non-payment. If you have a legitimate reason (such as job loss or medical emergency), the court may arrange a payment plan or recommend modification. Willful failure to pay, however, will result in penalties.

Statute of limitations

The statute of limitations for collecting child support arrears in Mississippi is 7 years past the age of majority (21 years old), meaning collection actions may continue until the child turns 28.

When does child support end in Mississippi?

Mississippi has one of the highest ages of majority for child support purposes. Support continues until the child:

• Turns 21 years old
• Becomes self-supporting
• Gets married
• Joins the military
• Is adopted by another person

If the child is mentally or physically disabled, payments may continue indefinitely, depending on the terms of the support order.

Termination of parental rights

Under Mississippi Code section 93-15-111, parents may voluntarily terminate their parental rights if:

• Both parents sign a written notice under oath at least 72 hours after childbirth
• The parent consents to adoption
• The child is surrendered to a government agency

All agreements must be entered knowingly, intelligently, and voluntarily. Terminating parental rights ends your legal obligation but also eliminates your rights regarding the child’s upbringing.

Emancipation in Mississippi

Mississippi courts may grant emancipation at any age through a court decree. The child must demonstrate:

• Financial independence with a legal source of income
• The ability to manage personal affairs
• Sound mind and judgment

Temporary emancipation may also be granted when a child is in police custody and requires emergency services.

Frequently Asked Questions

How is child support calculated in Mississippi?

Mississippi uses the Percentage of Income Method. A set percentage of the non-custodial parent’s adjusted gross income is applied based on the number of children: 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more.

What percentage of income is child support in Mississippi for one child?

For one child, the standard child support amount is 14% of the non-custodial parent’s adjusted gross income.

At what age does child support end in Mississippi?

Child support ends at age 21 in Mississippi, unless the child becomes emancipated earlier through marriage, military service, or court order. Support may continue indefinitely for children with disabilities.

What happens if you do not pay child support in Mississippi?

Non-payment can result in wage garnishment, tax refund interception, property liens, license suspension, passport denial, contempt of court charges, and felony prosecution. Felony non-support is punishable by up to 2 years in prison.

How do I modify child support in Mississippi?

You can request a modification if there is a substantial change in circumstances, typically defined as a 25% change in income. Contact the DCSE at 601-359-4861 or visit your local child support office. IV-D cases are automatically eligible for review every 3 years.

Is there a statute of limitations on child support in Mississippi?

Yes. The statute of limitations is 7 years past the age of majority, meaning collection actions may continue until the child turns 28 years old.

If you have additional questions, we recommend getting a free case consultation from a local attorney.

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