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Mississippi Child Support Laws: 43-19-101 Guidelines

Independently fact-checkedLaw current as of November 7, 2026By Recording Law Editorial TeamReviewed November 7, 202620 min read

Independently fact-checked against primary sources (last audited November 7, 2026). · Law checked current as of November 7, 2026. · 11 primary sources cited on this page. How we verify our legal content

Mississippi Child Support Laws: 43-19-101 Guidelines

Mississippi sets child support with the guidelines in Miss. Code Ann. 43-19-101: a flat percentage of the paying parent's adjusted gross income (14% for one child up to 26% for five or more), where "adjusted gross" means income after taxes and other legally required deductions, and support generally lasts until the child turns 21 (Miss. Code Ann. 93-11-65(8)).

This page covers Mississippi state law. Federal rules and the exact terms of your own court order also govern a case; our guide to child support laws in every state explains the federal layer.

How Mississippi Calculates Child Support (Miss. Code Ann. 43-19-101)

Mississippi uses a percentage-of-income model. Under Miss. Code Ann. 43-19-101(1), the guidelines "shall be a rebuttable presumption in all judicial or administrative proceedings regarding the awarding or modifying of child-support awards in this state." The court applies a fixed percentage to the paying parent's monthly adjusted gross income:

Number of childrenShare of adjusted gross income
114%
220%
322%
424%
5 or more26%

The percentages are written into the statute itself, so there is no separate dollar schedule with its own effective date. Section 43-19-101 was last amended in 2022 (HB 1067), and the Mississippi Legislature's code-section pages show no 2025 or 2026 act amending it. For an estimate, use the Mississippi child support calculator on this site.

Step by step

The statute (43-19-101(3)) walks through the calculation in order:

  1. Gross income. Start with income "from all potential sources that may reasonably be expected to be available to the absent parent," including wages, salary and alimony. Income of the paying parent's current spouse and other "monetary benefits derived from a second household" are excluded.
  2. Legally mandated deductions. Subtract federal, state and local taxes, Social Security contributions, and retirement and disability contributions, "except any voluntary retirement and disability contributions."
  3. Other children. Subtract support the parent already pays under a court order for another child. If the parent also has other children living with them, the court "may subtract an amount that it deems appropriate."
  4. Apply the percentage. Divide the annual result by 12 and multiply the monthly figure by the percentage for the number of children.

Only the paying parent's income runs through this formula. The receiving parent's income is not part of the guideline number, but it can matter in two other ways. Where both parents have separate incomes or estates, 93-11-65(2) lets the court require each parent to contribute "in proportion to the relative financial ability of each," and the deviation criteria in 43-19-103 (below) let the court weigh the household's full circumstances.

Mississippi's statute calls this figure "adjusted gross income," but it is income after taxes and other required deductions, not gross pay. The calculator on this page asks for income the same way the statute builds it.

High and low incomes (43-19-101(4))

There is no income cap. Instead, when the paying parent's adjusted gross income is more than $100,000 or less than $10,000 a year, "the court shall make a written finding in the record as to whether or not the application of the guidelines ... is reasonable."

For low-income parents the statute adds that "the court shall take into account the basic subsistence needs of the obligated parent who has a limited ability to pay." Section 43-19-101 sets no minimum order and no self-support reserve.

Imputed income (43-19-101(5))

When a parent's real earnings are unclear or a parent is not working, the court may impute income, but "imputation of income shall not be based upon a standard amount in lieu of fact-gathering." The court looks at the parent's assets, residence, job skills, education, literacy, age, health, "criminal record and other employment barriers," and record of seeking work. Federal rules also require state guidelines to provide that incarceration may not be treated as voluntary unemployment when support is set or modified (45 CFR 302.56(c)(3)).

Health insurance and child care

Every support order "as a matter of law, shall include reasonable medical support" (43-19-101(7)). The court must make findings on whether health insurance is available and what it costs, and if the receiving parent is required to carry the coverage, "its cost shall be taken into account in establishing the child-support award."

The statute has no automatic child-care add-on. Child care paid by the receiving parent so they can work, or because of their disability, is one of the deviation criteria in 43-19-103.

When the court can depart from the guideline (43-19-103)

A judge or agency can set a different amount only by "making a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate" under the criteria in Miss. Code Ann. 43-19-103. They include:

  • Extraordinary medical, psychological, educational or dental expenses
  • Independent income of the child
  • The payment of both child support and spousal support to the receiving parent
  • The particular shared parental arrangement, "such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent"
  • The greater needs of older children
  • Child care paid by the receiving parent to work or because of a disability
  • "Any other adjustment which is needed to achieve an equitable result"

Equal Parenting Time and Child Support (HB 1662, Miss. Code Ann. 93-5-24)

HB 1662 (2026) was approved by the Governor on April 8, 2026 and took effect July 1, 2026. It amended Miss. Code Ann. 93-5-24 in two ways that matter for support.

Mississippi sets child support at 14% to 26% of the paying parent's adjusted gross income under 43-19-101, and support generally lasts until the child turns 21 unless the judgment says otherwise.
Mississippi's percentage guideline is a rebuttable presumption, support generally runs to 21, and willful nonsupport is a felony.

First, it created "a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child." That presumption "shall only apply to initial temporary custody orders and initial final custody orders entered by this court after July 1, 2026," and does not apply to modifications of any custody order. How custody itself is decided is covered on our Mississippi child custody laws page.

Second, it added a support formula for joint custody with equally shared parenting time. Unless the court decides a deviation is in the child's best interest, the court must:

  1. Calculate a guideline award under 43-19-101 for each parent "as if each parent was the obligor";
  2. Subtract the smaller award from the larger one; and
  3. Order the difference "to be paid by the parent who has the higher adjusted gross income to the parent with the lower adjusted gross income."

The formula is written for equally shared parenting time. For other arrangements, the shared-parental-arrangement criterion in 43-19-103 lets a court consider a parent's time with the children when deciding whether to deviate.

How Long Child Support Lasts in Mississippi (93-11-65(8))

Under Miss. Code Ann. 93-11-65(8)(a), "the duty of support of a child terminates upon the emancipation of the child." Unless the support judgment provides otherwise, emancipation happens when the child:

  • Turns 21;
  • Marries;
  • Joins the military and serves full time; or
  • Is convicted of a felony and sentenced to two or more years of incarceration.

Under 93-11-65(8)(b), a court "may determine that emancipation has occurred" if the child, before 21, stops full-time school after turning 18 (unless the child is disabled); voluntarily moves out of the custodial parent's home, sets up independent living arrangements, works full time and stops going to school; or cohabits with another person without the paying parent's approval. These are findings the court can make, not automatic cutoffs, so a parent should not stop paying without a court order. The procedure is covered on our Mississippi emancipation laws page.

Mississippi has no high school extension because support already runs to 21. If a child who is not emancipated is incarcerated, support is suspended for that period (93-11-65(8)(c)). Ending support does not erase what is already owed: emancipation "does not terminate any obligation of the noncustodial parent to satisfy arrearage existing as of the date of emancipation" (93-11-65(9)).

Adult children with disabilities

Mississippi courts have no general authority to order support past 21. In Hays v. Alexander, 114 So. 3d 704 (Miss. 2013), the Mississippi Supreme Court agreed that "statutory law did not endow our courts with the power to require a parent to support an adult child." The opinion notes a narrow statutory exception in Department of Human Services paternity cases: under 43-19-33(3), if the child is "mentally or physically incapable of self-support" at 21, the putative father is not relieved of the duty of support unless the child is a long-term patient in a state-run facility.

Bills to let courts extend support for disabled adult children have failed three years running: SB 2131 died in committee in 2024, SB 2452 died in conference in 2025, and SB 2754 died on the calendar in 2026. None is law.

College

Because support generally continues to 21, it often overlaps the first years of college. Sections 93-11-65 and 43-19-101 contain no separate rule requiring a parent to pay college expenses.

Changing a Child Support Order in Mississippi (43-19-34)

There are two routes to a new amount under Miss. Code Ann. 43-19-34:

  • The three-year review. For a support order the Department of Human Services (MDHS) is enforcing, the department must notify both parents every three years of their right to request a review. "No proof of a material change in circumstances is necessary in the three-year review."
  • A modification outside the cycle. "Proof of a material change in circumstances is necessary for modification outside the three-year cycle." The statute sets no percentage threshold.

Timing matters. Under 43-19-34(4), as amended by SB 2262 (2024), which took effect when the Governor approved it on April 15, 2024, an order "shall not be subject to a retroactive modification except from the date that notice of such petition to modify has been given" to the other side. A change in either direction can reach back no further than that notice date.

If your income drops, consider filing and serving your request promptly, because payments that come due before notice is given stay owed in full. In an MDHS three-year review, an existing arrearage does not bar the review or a resulting reduction (43-19-34(3), (5)).

Enforcement and Penalties for Unpaid Support in Mississippi

Back support becomes a judgment

Under Miss. Code Ann. 93-11-71(1), once court-ordered payments "remain unpaid for a period of at least thirty (30) days, a judgment by operation of law shall arise against the obligor in an amount equal to all payments that are then due and owing." That judgment can be enforced like any other Mississippi judgment. Arrears can be forgiven under 93-11-71(4) only when paternity is disestablished, which requires clear and convincing evidence, including a genetic test excluding the man as the father.

Each unpaid installment also earns interest. In Brand v. Brand, 482 So. 2d 236 (Miss. 1986), the Mississippi Supreme Court held that the judgment statute "mandates the accrual of interest on each such payment from the date due" and that a judgment declaring arrears to be without interest was error. Mississippi sets no fixed child support interest rate; under Miss. Code Ann. 75-17-7 the rate is "set by the judge hearing the complaint."

What can be taken

Section 93-11-71(3) lists assets that can be intercepted for overdue support, including federal and state benefits, gaming winnings, money in financial institutions, civil settlements, retirement distributions, lump-sum payments and unclaimed property. SB 2369 (2026), effective July 1, 2026, added Section 43-19-63, which has the Mississippi Gaming Commission and MDHS make rules to withhold casino cash winnings from people who owe child support arrears.

Federal law adds its own tools. The U.S. State Department must refuse a passport to a parent who owes more than $2,500 in back support (42 U.S.C. 652(k)), and a federal tax refund can be offset for past-due support.

Driver's and professional licenses (93-11-153, 93-11-157)

A parent is "out of compliance" with a support order when "at least thirty (30) days in arrears or delinquent" (93-11-153). After notice by mail, the licensing agency is told to suspend the license 90 days after the parent receives the notice, unless the parent pays the arrearage or enters a stipulated agreement and agreed judgment setting a payment schedule (93-11-157(1)). If you get that notice, the 90-day window is the time to pay or work out a payment plan.

Criminal nonsupport (Miss. Code Ann. 97-5-3)

As amended by SB 2634 (2023), effective July 1, 2023, a parent who "shall desert or wilfully neglect or refuse to provide for the support and maintenance" of a child under 21 is guilty of a felony:

OffenseFinePrison
First offense$100 to $500Up to 5 years, or both fine and prison
Second or later offense$1,000 to $10,0002 to 5 years, or both fine and prison

The 2023 amendment also lists defenses based on the child's own circumstances during the period in question: the child married, joined the military, was convicted of a felony and sentenced to two or more years, stopped full-time school after 18 (unless disabled), voluntarily moved out of the custodial parent's home, set up independent living, worked full time and stopped going to school before 21, or cohabited without the paying parent's approval.

Separately, a federal crime (18 U.S.C. 228) applies when a parent willfully fails to pay support for a child who lives in another state and the support has gone unpaid for longer than a year or is greater than $5,000.

Other Rules Worth Knowing

Past support before a case is filed. A noncustodial parent's liability for past support "and other expenses are limited to a period of one (1) year next preceding the commencement of an action" (93-11-65(1)(d)).

Paternity. A signed acknowledgment of paternity can be rescinded within the earlier of one year or the date of a court proceeding about the child (such as a support case) in which the signer is a party; after that, only for "fraud, duress, or material mistake of fact" (Miss. Code Ann. 93-9-28). A paternity action can be brought until the child turns 21 unless the child has been emancipated (93-9-9).

Alimony and divorce. Spousal support is separate from child support and is covered on our Mississippi alimony laws page; the divorce process is on our Mississippi divorce laws page.

Recent Changes to Mississippi Child Support

  • HB 1662 (2026), effective July 1, 2026: joint custody and equal-parenting-time presumption for initial custody orders, plus the each-parent-as-obligor support formula for equally shared time (bill history).
  • SB 2369 (2026), effective July 1, 2026: rules for withholding casino cash winnings from parents with support arrears (43-19-31, new 43-19-63).
  • SB 2262 (2024), effective April 15, 2024: a modification, up or down, can be made retroactive only to the date notice of the petition to modify was given. It replaced the earlier rule that barred retroactive reductions and let increases reach back to the triggering event (43-19-34(4)).
  • Bills that died: proposals to calculate support from both parents' shared income (HB 1552 in 2025, HB 980 in 2026), to count health insurance costs (SB 2505 in 2025, SB 2032 in 2026), to create hardship driver's licenses for parents behind on support, and to extend support for disabled adult children (SB 2452 in 2025, SB 2754 in 2026). None became law, so the 43-19-101 percentages and the obligor-only formula stand.
  • Federal: a federal rule taking effect November 30, 2026 removes obsolete and duplicative child support regulations; it does not change how support is calculated or enforced.

We found no act with a 2027 effective date on the Mississippi Legislature's 2025 and 2026 code-section pages for the support sections we checked (43-19-101, 43-19-103, 43-19-31, 43-19-48, 93-11-65, 93-11-71, 93-11-101, 93-11-103, 93-11-157 and 93-5-24). Bills for the 2027 session were not part of that check.

Getting Help With Child Support in Mississippi

  • MDHS Division of Child Support Enforcement: the state agency that establishes paternity, sets and reviews orders, and collects support. Start at the MDHS child support page.
  • Court clerk: the clerk of the court that entered your order can tell you how to file a motion to modify or enforce it.
  • Legal aid: Mississippi's legal services programs help eligible low-income parents with family law cases.
  • Lawyer referral: a state or local bar association lawyer referral service can connect you with a family lawyer.

At the federal level, state programs are overseen by the Office of Child Support Enforcement (OCSE), which was called the Office of Child Support Services from 2023 to 2025.

More Mississippi Family Law Topics

More Mississippi Laws

Frequently Asked Questions

How is child support calculated in Mississippi?

The court takes the paying parent's gross income from all sources, subtracts taxes, Social Security and required retirement and disability contributions, subtracts support already ordered for other children, and applies a percentage: 14% for one child, 20% for two, 22% for three, 24% for four and 26% for five or more (Miss. Code Ann. 43-19-101). The result is presumed correct unless the court makes a written finding that it would be unjust or inappropriate.

What age does child support end in Mississippi?

Generally at 21, unless the support judgment says otherwise. It ends earlier if the child marries, joins the military full time, or is convicted of a felony and sentenced to two or more years. A court may also find a child emancipated if, before 21, the child stops full-time school after turning 18 (unless disabled); voluntarily moves out of the custodial parent's home, lives independently, works full time and stops going to school; or cohabits without the paying parent's approval (Miss. Code Ann. 93-11-65(8)).

Does child support continue past 21 for a disabled child in Mississippi?

Generally no. The Mississippi Supreme Court held in Hays v. Alexander (2013) that state law does not give courts power to require a parent to support an adult child. A narrow exception applies in Department of Human Services paternity cases under Miss. Code Ann. 43-19-33(3). Bills to change the rule died in 2024, 2025 and 2026.

Is there a maximum child support amount in Mississippi?

No. There is no income cap. When the paying parent's adjusted gross income is over $100,000 a year, the court must make a written finding on whether applying the guideline percentages is reasonable.

Do you pay child support with 50/50 custody in Mississippi?

Often yes. Since July 1, 2026, when a court orders joint custody with equally shared parenting time, it calculates the guideline award for each parent as if each were the payer and orders the higher-income parent to pay the difference, unless it finds a deviation is in the child's best interest (Miss. Code Ann. 93-5-24(2)(c), HB 1662).

Does the custodial parent's income count in Mississippi?

Not in the guideline formula, which uses only the paying parent's income. A court may still weigh the other parent's income: Miss. Code Ann. 93-11-65(2) lets it require each parent to contribute in proportion to relative financial ability when both have separate incomes, and 43-19-103 lets it deviate from the guideline on a written finding.

Can child support be lowered if I lose my job in Mississippi?

You can ask the court to modify the order by showing a material change in circumstances, or, if MDHS enforces your order, request its three-year review. A reduction can reach back only to the date the other parent was given notice of your request to modify (Miss. Code Ann. 43-19-34(4), as amended in 2024), so payments that came due before then stay owed. Consider filing promptly.

Can you go to jail for not paying child support in Mississippi?

Yes. Willful nonsupport of a child under 21 is a felony under Miss. Code Ann. 97-5-3: a $100 to $500 fine, up to 5 years in state custody, or both for a first offense, and a $1,000 to $10,000 fine, 2 to 5 years, or both for a second or later offense.

Does back child support earn interest in Mississippi?

Yes. Each unpaid installment is a judgment that bears interest from its due date (Brand v. Brand, Miss. 1986). Mississippi has no fixed child support interest rate; the judge sets the rate under Miss. Code Ann. 75-17-7.

When can Mississippi suspend a driver's license for unpaid support?

A parent who is at least 30 days behind is out of compliance. After notice, the licensing agency is told to suspend the license 90 days after the parent receives the notice, unless the parent pays the arrearage or signs a stipulated payment agreement and agreed judgment (Miss. Code Ann. 93-11-153, 93-11-157).

Mississippi Child Support Calculator

Estimate your child support obligation under Miss. Code Ann. § 43-19-101. This calculator provides a step-by-step breakdown with statute citations.

Mississippi Child Support Calculator

This state uses the Percentage of Income model, which calculates support based solely on the obligor's (paying parent's) net income.

Based on Miss. Code Ann. § 43-19-101 · Effective January 1, 2024

Income

The obligor is the parent who pays child support — typically the non-custodial parent.

$

Adjusted gross income (gross minus taxes and mandatory deductions)

The obligee is the parent who receives child support — typically the custodial parent.

$

Used to calculate after-support income comparison (optional)

Children
Deductions
$

Monthly cost of health insurance for the children

$

Union dues, mandatory retirement, etc.

Enter income details to see your estimate

How Mississippi Calculates Child Support

  • •Mississippi uses the Percentage of Income model based on the obligor's adjusted gross income.
  • •Guideline percentages: 14% for 1 child, 20% for 2, 22% for 3, 24% for 4, 26% for 5 or more.
  • •Adjusted gross income = gross income minus taxes, Social Security, retirement contributions, and other mandatory deductions.
  • •There is no statutory income cap. For very high incomes, the court has discretion to deviate from the guidelines.

What Is the Average Child Support Payment in Mississippi?

Estimated Average Monthly Payment

$596/month

Estimated Annual Total

$7,152/year

Mississippi does not publish an official “average” child support payment. This estimate was calculated using the Mississippi guideline formula above with median income data from the U.S. Census Bureau, American Community Survey (ACS) 2024 — Mississippi Median Earnings. Your actual amount will differ — use the calculator above with your own numbers for a personalized estimate.

Assumptions used in this estimate
  • •Obligor gross income of $3,750/month (Mississippi median full-time earnings, Census ACS 2024)
  • •2 children
  • •$200/month for children's health insurance
  • •Standard tax deductions estimated

Data year: 2024

Important Legal Disclaimer

This calculator provides an estimate only based on Mississippi's child support guidelines. Actual court-ordered amounts may differ based on factors not captured here, including special needs, shared custody arrangements, travel costs, and judicial discretion.

This is not legal advice. Consult a family law attorney for guidance specific to your situation.

View Official StatuteLast verified: March 17, 2026

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Updates

Rewritten against current Mississippi law: adds the 2026 HB 1662 equal-parenting-time support formula and SB 2369 gaming-winnings withholding, explains interest on unpaid installments and the 30-day judgment rule, corrects the criminal nonsupport defenses to those in the 2023 amendment, drops an unsourced 25% modification threshold, states the 2024 rule (SB 2262) that a modification can reach back only to the date notice of the request was given, and uses the federal office's current name.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the description of Hays v. Alexander to the statute the Court actually construed (section 93-5-23) and noted the narrow statutory exception it identified for post-majority support of a disabled child in a Department of Human Services paternity case.

Corrected the guideline deviation factors to match the text of Miss. Code Ann. section 43-19-103 and re-attributed the seven-year deadline for collecting child support arrears to sections 15-1-43 and 15-1-59, which is where it actually comes from, rather than to section 93-11-65.

Corrected this page's claim that a 2024 bill codified continued child support past age 21 for disabled children in Mississippi; that bill died in committee and, per a 2013 Mississippi Supreme Court ruling, no such authority currently exists, and we replaced two dead law.ms.gov citation links with live sources.

Corrected the deviation-factors citation from 43-19-101(4), which actually sets the $10,000/$100,000 written-finding income thresholds, to 43-19-103, the section 43-19-101 itself points to for deviation criteria; and fixed the early-termination list to include the felony-conviction and cohabitation triggers in 93-11-65(8) while removing an unsupported 'adopted by another person' trigger.

Sources and References

  1. Miss. Code Ann. 43-19-101, child support award guidelines (as reenacted by HB 1067, 2022)(billstatus.ls.state.ms.us).gov
  2. Miss. Code Ann. 93-11-65, custody and support of minor children; emancipation(archive.org)
  3. Miss. Code Ann. 43-19-103, criteria for overcoming the guideline presumption(archive.org)
  4. HB 1662 (2026), amending Miss. Code Ann. 93-5-24 (joint custody presumption; equal-time support formula)(billstatus.ls.state.ms.us).gov
  5. HB 1662 (2026) bill history: approved April 8, 2026, effective July 1, 2026(billstatus.ls.state.ms.us).gov
  6. Hays v. Alexander, 114 So. 3d 704 (Miss. 2013)(cases.justia.com)
  7. SB 2131 (2024) bill history: died in committee(billstatus.ls.state.ms.us).gov
  8. SB 2754 (2026) bill history: died on calendar(billstatus.ls.state.ms.us).gov
  9. SB 2262 (2024), amending Miss. Code Ann. 43-19-34 (review and modification of support orders; retroactivity only from notice of the petition)(billstatus.ls.state.ms.us).gov
  10. Miss. Code Ann. 93-11-71, judgment by operation of law for overdue support(law.justia.com)
  11. Brand v. Brand, 482 So. 2d 236 (Miss. 1986)(law.justia.com)
  12. Miss. Code Ann. 75-17-7, interest on judgments(archive.org)
  13. SB 2369 (2026), gaming winnings withholding for support arrears (43-19-31, 43-19-63)(billstatus.ls.state.ms.us).gov
  14. 42 U.S.C. 652(k), passport denial for arrears over $2,500(www.law.cornell.edu)
  15. Miss. Code Ann. 93-11-153 and 93-11-157, license suspension for noncompliance(archive.org)
  16. SB 2634 (2023), amending Miss. Code Ann. 97-5-3 (criminal nonsupport of a child under 21)(billstatus.ls.state.ms.us).gov
  17. 18 U.S.C. 228, failure to pay legal child support obligations(www.law.cornell.edu)
  18. Miss. Code Ann. 93-9-28, acknowledgment of paternity(archive.org)
  19. Mississippi Department of Human Services, Division of Child Support Enforcement(www.mdhs.ms.gov).gov
  20. Office of Child Support Enforcement (OCSE), Administration for Children and Families(acf.gov).gov
  21. SB 2262 (2024) bill history: approved by the Governor April 15, 2024, effective from passage(billstatus.ls.state.ms.us).gov
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