Child Support in Mississippi: The Basics

Under Mississippi law, child support must be set for minor children at the time of divorce. For parents who have never married, child support may be set through an independent court action as well as through a paternity action. As a non-custodial parent paying child support in Mississippi, you should keep in mind that our state considers the age of majority to be twenty-one years old. For this reason, child support in Mississippi must be paid until the child reaches the age of twenty-one and is no longer considered a minor.

            Child support is based on the non-custodial parent’s adjusted gross yearly income. The statutory guidelines for setting child support in Mississippi are as follows: 14% for one child, 20% for two children, 22% for three children, 24% for four children and 26% for four or more children. Chancellors may deviate from these guidelines when setting support only if they provide written findings as to why the deviation was necessary.

A Quick Word on Irreconcilable Differences Divorce in Mississippi

In Mississippi there is no such thing as a “no fault” divorce. Instead, there are two ways to obtain a divorce: Irreconcilable Differences or by proving fault-based grounds. An Irreconcilable Differences divorce requires the agreement of both parties. It is granted based on proof that the marriage is irretrievably broken as well as the couple’s agreement that they have irreconcilable differences and should be granted a divorce.

In order for the court to grant an Irreconcilable Differences divorce, a pleading requesting the divorce must be on file with the Chancery Court for sixty (60) days, and the parties must agree on all issues or must agree in writing to submit issues for the court to decide.

It is important to remember that a divorce will not be granted until all issues regarding custody, child support, and property between the parties have been agreed upon and those agreements are found to be adequate and sufficient by the court.

Please contact our office at (228) 205-0506 for further information or to request a free consultation.