Mississippi Child Support Laws (2026): Guidelines & Calculator

Mississippi calculates child support under the Percentage of Adjusted Gross Income model established by Miss. Code Ann. § 43-19-101, applying fixed percentages of the non-custodial parent's adjusted gross income: 14% for one child, rising to 26% for five or more. The custodial parent's income is not part of the basic calculation. Use the Mississippi child support calculator below to estimate a guideline amount, or open the full-page Mississippi child support calculator for a detailed breakdown.

How Mississippi Child Support Works

Mississippi child support laws are governed primarily by Mississippi Code sections 43-19-101 through 43-19-105, which establish the guidelines courts use to calculate and enforce support obligations. The Mississippi Department of Human Services (MDHS) Division of Child Support Enforcement administers the state's child support program.

Mississippi is one of a small number of states that uses the Percentage of Adjusted Gross Income model to calculate child support. Under this approach, only the non-custodial parent's income is considered when determining the support amount. The custodial parent's income does not factor into the basic calculation, although the court may consider it when deciding whether to deviate from the guidelines.

The state's guidelines carry a rebuttable presumption that they are correct. This means the calculated amount is presumed to be the right amount unless a parent presents evidence that applying the guidelines would be unjust or inappropriate in a particular case.

Establishing Paternity in Mississippi

Before a court can order child support, legal paternity must be established for children born outside of marriage. Mississippi law provides several ways to establish paternity.

Voluntary Acknowledgment

The simplest method is for the father to sign an Acknowledgment of Paternity form at the hospital after the child is born. This form has the same legal effect as a court order once filed with the Mississippi State Department of Health.

Court-Ordered Paternity

If the alleged father refuses to acknowledge paternity voluntarily, the mother or MDHS can file a paternity action in court. The court may order genetic testing, which typically involves a simple cheek swab. If testing confirms paternity, the court will enter an order establishing the legal father-child relationship.

Benefits of Establishing Paternity

Establishing paternity provides important benefits for the child, including:

• Legal access to both parents' health insurance, disability, and death benefits
• The right to receive financial support from both parents
• Access to the father's family medical history
• Eligibility for Social Security survivor benefits
• Inheritance rights

How to Apply for Child Support in Mississippi

Parents who need help establishing, enforcing, or modifying a child support order can apply for services through MDHS. Contact the Division of Child Support Enforcement at 877-882-4916 or apply online at the MDHS portal. You can also download the application form and mail it with the $25 service fee.

Required Documents

When applying, gather the following documents:

• Valid government-issued identification
• Proof of residency (utility bill, lease agreement, or similar)
• Birth certificates for all children included in the case
• Paternity test results, if available
• Divorce decree or separation agreement, if applicable
• Wage and income information for both parents
• The other parent's last known address, employer, and Social Security number

The $25 application fee is waived for parents receiving SNAP, Medicaid, or TANF benefits.

How Is Child Support Calculated in Mississippi?

Mississippi uses the Percentage of Adjusted Gross Income model under Mississippi Code section 43-19-101. This method applies a fixed percentage to the non-custodial parent's adjusted gross income based on the number of children who need support.

Step 1: Determine Gross Income

The court first calculates the non-custodial parent's gross income from all sources. Under the statute, gross income includes:

• Wages, salaries, and tips
• Self-employment income
• Commissions and bonuses
• Interest and dividend income
• Pension and retirement income
• Social Security benefits
• Disability benefits
• Workers' compensation
• Unemployment benefits
• Rental income
• Trust income
• Alimony received from another relationship

Step 2: Calculate Adjusted Gross Income

The court subtracts allowable deductions from gross income to arrive at the adjusted gross income (AGI). Permitted deductions include:

• Federal, state, and local income taxes
• Social Security (FICA) contributions
• Mandatory retirement contributions
• Support payments already being made for other children under a prior court order

Step 3: Apply the Percentage

The monthly adjusted gross income is multiplied by the appropriate percentage from the following table.

For example, if a non-custodial parent has an adjusted gross income of $4,000 per month and has two children, the presumptive child support obligation would be $800 per month (20% of $4,000).

Income Thresholds Requiring Written Findings

When the non-custodial parent's adjusted gross income is below $10,000 per year (roughly $833 per month) or above $100,000 per year (roughly $8,333 per month), the court must make a written finding in the record as to whether the guideline amount is reasonable. At lower income levels, the court must also account for the paying parent's basic subsistence needs.

Factors That May Adjust the Amount

The court may deviate from the guideline amount based on the "best interests of the child" when the standard calculation would be unjust or inappropriate. Under section 43-19-103, factors that may justify a deviation include:

• Extraordinary medical, psychological, educational, or dental expenses
• Seasonal variations in a parent's income or expenses
• The age of the child and related costs
• Special needs of the child or either parent
• The total available assets of the receiving parent, the paying parent, and the child
• Child care expenses the receiving parent pays in order to seek or keep a job, or because of that parent's own disability
• Any other relevant facts the court finds important

When a court deviates from the guidelines, it must state the reasons on the record or in the written judgment.

Medical Support Requirements

Under Mississippi law, all child support orders must include provisions for reasonable medical support. The court determines which parent should provide health insurance coverage for the children.

If employer-sponsored health insurance is available at a reasonable cost, the court will typically order one or both parents to maintain coverage. Under Mississippi Code section 43-13-303, employers must enroll eligible children in available health plans when ordered and must withhold any required employee contributions for that coverage.

If health insurance is not available at a reasonable cost, the court must make specific findings about the unavailability and establish a method for dividing uninsured medical expenses between the parents.

How to Modify Child Support in Mississippi

Mississippi law recognizes that financial circumstances change over time. Parents can seek a modification of an existing child support order through two pathways.

Three-Year Review Cycle

Under Mississippi Code section 43-19-34, MDHS notifies both parents every three years of their right to request a review of the current child support order. When a parent requests a review, MDHS evaluates whether the existing order differs significantly from what the current guidelines would produce.

No proof of a material change in circumstances is required for these three-year reviews. If the review shows the order should be adjusted, MDHS can seek a modification.

Modification Outside the Three-Year Cycle

Parents who need a change before the three-year mark must demonstrate a material change in circumstances. Courts have recognized the following as qualifying changes:

• A significant increase or decrease in either parent's income (generally 25% or more)
• Job loss, disability, or involuntary reduction in income
• Changes in the custody arrangement
• Significant new medical expenses
• Additional children to support from a new relationship
• Incarceration of the paying parent

Important Rules About Retroactivity

Under section 43-19-34, a downward modification cannot be applied retroactively. If you lose your job, the original support amount continues to accrue until the court enters a new order. An upward modification, however, may be ordered retroactively back to the date of the event justifying the increase.

This is why it is critical to file for modification as soon as circumstances change rather than waiting and allowing arrears to accumulate. After a job loss, get a free case evaluation from a Mississippi family lawyer and file the modification before more arrears build up (attorney advertising).

Enforcement and Penalties for Non-Payment

The MDHS Division of Child Support Enforcement has broad authority to collect unpaid child support. Mississippi uses a combination of administrative and judicial enforcement tools.

Administrative Enforcement Actions

• Income withholding: All child support orders include an automatic income withholding provision. Employers must deduct the support amount from the paying parent's wages and send it to the Mississippi State Disbursement Unit.
• Tax refund interception: Federal and state tax refunds may be intercepted and applied to past-due support.
• License suspension: Driver's licenses, professional licenses, and recreational licenses may be suspended for non-payment.
• Passport denial: Under federal law, passports are denied, restricted, or revoked when arrears exceed $2,500.
• Credit bureau reporting: Delinquent child support is reported to major credit bureaus, affecting the parent's credit score and ability to obtain loans.
• Property liens: Liens may be placed against real and personal property to secure unpaid support.
• Financial account seizure: Bank accounts and other financial assets may be frozen and seized.

Contempt of Court

When administrative actions are insufficient, the custodial parent or MDHS can file a motion for contempt. The non-paying parent must appear in court and show cause for the failure to pay. If the court finds willful non-payment, penalties include jail time of up to six months per contempt finding, fines, and mandatory payment plans.

A parent who can demonstrate a legitimate inability to pay (such as a documented medical condition preventing work) may avoid contempt sanctions, but the court will likely order a modification hearing.

Criminal Penalties Under Mississippi Code 97-5-3

Mississippi treats willful failure to support a child as a felony under Mississippi Code section 97-5-3. In 2023, the legislature amended this statute (SB 2634, effective July 1, 2023) to extend the criminal obligation from age 18 to age 21, aligning it with the civil child support obligation.

First offense penalties:

• Fine of $100 to $500
• Up to five years with the Mississippi Department of Corrections
• Or both

Second or subsequent offense penalties:

• Fine of $1,000 to $10,000
• Two to five years with the Mississippi Department of Corrections
• Or both

Defenses to prosecution include proof that the parent was unable to provide support due to physical incapacity or other good cause shown to the court.

When Does Child Support End in Mississippi?

Mississippi has one of the highest age thresholds for child support in the country. Under Mississippi Code section 93-11-65, child support continues until the child turns 21 years old, not 18 as in most states.

Events That Trigger Early Termination

Child support may end before the child turns 21 if any of the following occurs:

• The child becomes emancipated by court order
• The child gets married
• The child enlists in the military and serves on a full-time basis
• The child is convicted of a felony and sentenced to two or more years of incarceration
• The child voluntarily leaves the custodial parent's home, establishes independent living, and obtains full-time employment while discontinuing educational pursuits
• The child cohabits with another person without the approval of the parent obligated to pay support

Emancipation in Mississippi

Under section 93-11-65, a child may be considered emancipated if the child has reached age 18 and discontinues full-time enrollment in school (unless the child has a disability), or if the child voluntarily moves out, establishes independent living, and works full-time while no longer attending school before reaching age 21.

A parent seeking to end support based on emancipation must file a petition with the court. The existing support order remains in effect until the court enters a new order.

Support for Disabled Adult Children

Outside narrow statutory exceptions, Mississippi courts have no statutory or common-law authority to order child support to continue past age 21, even for a child with a physical or mental disability. The Mississippi Supreme Court confirmed this in Hays v. Alexander, 114 So. 3d 704 (Miss. 2013), holding that neither the common law nor section 93-5-23 (as it read when the parents' 2002 child-support judgment was entered) gave the chancery court the power to require a parent to support an adult child, and that, absent a determination of emancipation in the child-support judgment, a child is emancipated on turning 21. The Court noted one such exception: in a Department of Human Services paternity case, a putative father who has acknowledged paternity must keep paying support under section 43-19-33(3) when the child, upon reaching 21, is mentally or physically incapable of self-support. A 2024 bill, SB 2131, would have amended section 93-11-65 to allow continued support for disabled children past 21, but it died in the House Judiciary A Committee on April 2, 2024, and was never enacted. Families of a disabled adult child may still be able to pursue a conservatorship or guardianship, but ordinary child support itself ends at 21 under current Mississippi law.

Arrears Survive Emancipation

Emancipation or reaching age 21 does not erase past-due child support. Under section 93-11-65(9), a determination of emancipation does not terminate the paying parent's obligation to satisfy an arrearage existing as of the date of emancipation, and that balance continues to be owed until it is paid in full. Section 93-11-65 sets no collection deadline of its own; it preserves the right of the person owed the money to execute for collection as provided by law. The deadline comes instead from Mississippi Code section 15-1-43, which requires an action founded on a judgment to be brought within seven years after the judgment is rendered or last renewed, together with section 15-1-59, which pauses that clock for a person who was still a minor when the claim accrued. Because the timing turns on when each missed payment accrued and whether the judgment has been renewed, a parent holding older arrears should ask a Mississippi attorney which payments are still collectible.

Interstate Child Support Enforcement

When parents live in different states, Mississippi participates in the Uniform Interstate Family Support Act (UIFSA), which provides a framework for establishing, enforcing, and modifying child support orders across state lines. UIFSA is implemented under federal Title IV-D through the Office of Child Support Services (OCSS).

If the non-custodial parent moves to another state, MDHS can work with that state's child support agency to enforce the Mississippi order. Income withholding orders can be sent directly to out-of-state employers, and enforcement remedies such as tax intercept and license suspension remain available regardless of the parent's location.

More Mississippi Family Law Topics

• Mississippi Child Custody Laws
• Mississippi Divorce Laws
• Mississippi Alimony Laws
• Mississippi Emancipation Laws

More Mississippi Laws

• Mississippi Alimony Laws
• Mississippi Child Custody Laws
• Mississippi Divorce Laws

Frequently Asked Questions

How is child support calculated in Mississippi?

Mississippi uses the Percentage of Adjusted Gross Income model. The court calculates the non-custodial parent's adjusted gross income by subtracting taxes, Social Security contributions, and mandatory retirement from total income. It then applies a percentage 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. When adjusted gross income is below $10,000 or above $100,000 per year, the court must make a written finding on whether the guideline amount is reasonable.

At what age does child support end in Mississippi?

Child support in Mississippi continues until the child turns 21, which is higher than most states. Support may end earlier if the child gets married, joins the military full-time, is convicted of a felony and sentenced to two or more years of incarceration, or cohabits with another person without the paying parent's approval. A child who reaches age 18 and stops attending school full-time while living independently and working full-time may also be considered emancipated. A 2024 bill, SB 2131, would have let courts order support to continue past age 21 for children with disabilities, but it died in committee and never became law. Under Hays v. Alexander (Miss. 2013), Mississippi courts have no authority to extend ordinary child support past 21 even for a disabled child, apart from narrow statutory exceptions such as the Department of Human Services paternity rule in Miss. Code Ann. 43-19-33(3).

How do I modify a child support order in Mississippi?

There are two ways to modify child support in Mississippi. Every three years, MDHS notifies both parents of their right to request a review, and no proof of changed circumstances is required. Outside the three-year cycle, you must show a material change in circumstances, such as a 25% or greater change in income, job loss, disability, or a change in custody. Contact MDHS at 877-882-4916 to begin the process.

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

Mississippi enforces child support through income withholding, tax refund interception, license suspension, passport denial, credit bureau reporting, property liens, and bank account seizure. Willful non-payment is a felony under Mississippi Code section 97-5-3. First-offense penalties include fines up to $500 and up to five years in prison. Second offenses carry fines up to $10,000 and two to five years in prison.

Does Mississippi consider both parents' income for child support?

No. Mississippi is one of the few states that uses the Percentage of Adjusted Gross Income model, which only considers the non-custodial parent's adjusted gross income. The custodial parent's income is not part of the basic calculation. However, when deciding whether to deviate from the guideline amount, the court may weigh the criteria in section 43-19-103, including the total available assets of the receiving parent, the paying parent, and the child.