English
EspañolBasic information on child support in Mississippi.
- How can I get a child support order?
- How long does child support last?
- How is the amount of child support calculated?
- Can a child support order ever be different from what the Mississippi Child Support Award Guidelines say?
- Can my child support order be changed?
- How will the child support be paid to me?
- How can I get child support if I don’t know where the other parent is?
- Will my personal information be protected if I am a victim of domestic violence?
- Where can I find additional information about child support in Mississippi?
How can I get a child support order?
If your child mostly lives with you, you can get child support as part of a court order in these types of cases:
- divorce;
- paternity; or
- child custody.1
You and the other parent can also create a written support agreement. It will be enforceable if you get it notarized and file it in court.2
Another way to get child support is to apply for services with the Mississippi Department of Human Services. They can help parents do the following:
- get a court order for child support and health insurance (medical support);
- find the other parent;
- establish paternity;
- enforce court orders for child support and medical support;
- change (modify) a support order;
- work with other states, countries, and tribal nations to establish and enforce support when one parent does not live in Mississippi or has assets in another state; and
- collect or make child support payments.3
If you get public benefits such as TANF, SNAP, or Medicaid, you will be sent (referred) automatically to the Mississippi Department of Human Services for child support services. Children in foster care are also referred automatically.3
Note: Unwed parents must take steps to establish legal paternity before the judge can order child support.4 However, the judge might be able to give you a temporary child support order while the paternity case is pending.5
1 Miss. Code §§ 93-5-23; 93-9-9; 93-11-65; 93-25-401
2 Miss. Code § 43-19-33
3 Miss. Code § 43-19-31; see Understanding Child Support: A Handbook for Parents by the Mississippi Department of Human Services
4 See Miss. Code § 93-9-9
5 Miss. Code § 93-11-65(10)
How long does child support last?
A parent’s legal responsibility to pay child support usually ends when their child becomes “emancipated.” Your child becomes emancipated when they do any one of these things:
- turn 21;
- get married;
- join the military and serve full-time; or
- get convicted of a felony and sentenced to two or more years in prison.1
The judge may also decide that child support payments will end if your child does any of these things:
- turns 18, stops going to school full-time, and does not have a disability;
- chooses to move out of their custodial parent or guardian’s home, lives independently, works full-time, and stops pursuing their education;
- lives with another person without the approval of the parent who pays support;2 or
- is incarcerated but not emancipated. Note: Child support payments will stop while a child is incarcerated, but they may start again once the child is released.3
If a parent is behind on their child support payments, emancipation does not end their obligation. A parent who already owes back child support (arrears) from before the child became emancipated is still responsible for paying the full amount they owe.4
1 Miss. Code § 93-11-65(8)(a)
2 Miss. Code § 93-11-65(8)(b)
3 Miss. Code § 93-11-65(8)(c)
4 Miss. Code § 93-11-65(9)
How is the amount of child support calculated?
The judge will use the Mississippi Child Support Award Guidelines to set the child support amount. The guidelines specify what percentage of the noncustodial parent’s “adjusted gross income” is supposed to go toward child support. The amount depends on how many children the parent has to support.1
You can see the guidelines in section 43-19-101 on our Selected Mississippi Statutes page.
To figure out a parent’s “adjusted gross income,” the judge will:
- calculate the total income of the noncustodial (“absent”) parent; and
- subtract amounts the parent pays for:
- taxes;
- Social Security contributions;
- mandatory contributions to retirement and disability; and
- support for other children.2
The law assumes that the guidelines set the right amount of child support unless there are specific facts that show otherwise.3 To understand when the judge may order a different amount, read Can a child support order ever be different from what the Mississippi Child Support Award Guidelines say?
1 Miss. Code § 43-19-101(1)
2 Miss. Code § 43-19-101(3)
3 Miss. Code §§ 43-19-101(1), (2); 43-19-103
Can a child support order ever be different from what the Mississippi Child Support Award Guidelines say?
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:
- Any extraordinary medical, psychological, educational, or dental expenses;
- If your child has an independent income;
- If the parent who has to pay child support also pays spousal support;
- Seasonal variations in one or both parents’ incomes or expenses;
- The age of your child, considering that an older child may need more financial support than a younger child would;
- 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;
- 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;”
- The assets that both parents and the child have available;
- If the noncustodial parent needs to pay for childcare because they are disabled, or so that they can work or look for work; or
- 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
Can my child support order be changed?
In Mississippi, you can request a review of a child support order after it has been in place for at least three years. The Division of Child Support Enforcement (DCSE) of the Mississippi Department of Human Services will let both parents know every three years that you have the right to ask for a review. If you or the other parent asks for it, the DCSE will look at your situation to see if your child support amount should be changed. Note: If you receive Temporary Assistance for Needy Families (TANF), the review will happen every three years even if neither parent asks for it.
The DCSE’s decision will be based on the child support guidelines and the best interests of your child. For the three-year review, you do not need to prove that there has been a substantial change in circumstances to get an adjustment of support. 1
However, if there is a substantial change in circumstances, you can request a review of your child support order at any time.1 Here are some examples of what could be considered a substantial change in circumstances:
- a significant change to the income of the parent who owes child support;
- increased needs caused by your child’s advanced age and maturity;
- an increase in expenses;
- the health and special needs of your child; and
- the health and special medical needs of the parents.2
1 Miss. Code § 43-19-34(3)
2 See the Frequently Asked Questions on the Mississippi Department of Human Services website
How will the child support be paid to me?
The Division of Child Support Enforcement (DCSE) of the Mississippi Department of Human Services can help you enforce your child support order. They also collect payments and distribute child support to families.
Payments are made electronically through the child support program. This means you can receive child support payments either through direct deposit into your bank account or onto a Way2Go Debit MasterCard. When a payment is collected, the funds are automatically deposited into your chosen bank account or debit card. Please note that some fees may apply when using the debit card.
You can find more information on the Division of Child Support Enforcement website.
How can I get child support if I don’t know where the other parent is?
The Division of Child Support Enforcement (DCSE) of the Mississippi Department of Human Services offers a state parent locator service to help you find the parent who is not paying support. This service uses all appropriate local, state, federal, and interstate sources to locate the missing parent. It’s available when you need to establish, change, or enforce your child support order.
The DCSE can issue administrative subpoenas to get customer records from public utilities, cable companies, or financial institutions. These records can include names, addresses, employer information, Social Security numbers, and financial details like account numbers and balances.1
Location services are included with every full-service child support case. You also have the option to apply for “locate-only services” at no cost. If the agency successfully locates the parent, you can decide if you want to pay a $25 fee to move forward with establishing a child support order.2
1 Miss. Code § 43-19-45(1)
2 See the Mississippi Division of Child Support Enforcement website
Will my personal information be protected if I am a victim of domestic violence?
If you are going through the Division of Child Support Enforcement (DCSE) of the Mississippi Department of Human Services to get or enforce child support, they will safeguard your personal information if there is “reasonable evidence of a risk of harm.”
“Personal information” includes:
- your address, phone number, and Social Security number;
- your child’s Social Security number; and
- the name, address, and telephone number of your employer.1
However, the DCSE is only required to safeguard this information for one year unless you provide proof of an ongoing risk of harm.
“Reasonable evidence of a risk of harm” means:
- a protective or restraining order issued to protect you or your child; or
- there is a valid reason to believe that sharing personal information could:
- cause physical harm to you or your child; or
- cause emotional harm to you or your child that would significantly:
- affect your ability to care for your child; or
- impact your or your child’s ability to function normally.1
If someone requests your personal information, the DCSE may ask a judge to decide whether it should be released. In this case, the judge must review the situation and determine if sharing the information could harm you or your child. You will be notified of the request and given a deadline to object and explain why the information should not be shared. You can submit your objections in writing if you choose to; you will not be required to appear in person to explain.1
1 Miss. Code § 43-19-44
Where can I find additional information about child support in Mississippi?
The Mississippi Department of Human Services Child Support Program can sometimes help you get the child support you are owed. You can find information about their services and answers to common child support questions on their website. They also have a Child Support Handbook for Parents, available in English, Spanish, and Vietnamese.
The Mississippi Bar Association has some information about parents’ child support obligations on its website.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. These links are for your information only.
