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Mississippi Child Support Questions & Answers
0 Answers | Asked in Child Support for Mississippi on
Q: How does Child Support work when moving out of state?

I'm moving from MS to OR and was wondering if OR will create a new child support order following the states guidelines or if it will remain through MS following their guidelines and just be enforced through my new state.

0 Answers | Asked in Child Support for Mississippi on
Q: In Mississippi if there is no child support in place due to joint custody.. can DHS go after the other parent

If divorce papers are joint and the said child decides they want to live with one certain parent due to l rules at the other parent’s home.. the other parent has been paying child support (no order) it was a verbal agreement can the other parent go thru DHS to try and get more money?

1 Answer | Asked in Child Support for Mississippi on
Q: Why would a child support case go to court when the mother requested support?

Would it be because the mother is 20 years younger then the father?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 20, 2022

Your question answers itself. One reason that a child support case would go to court IS because the mother requested support. It has nothing to do with the age of either parent. The second reason that a child support case would go to court is because the mother received benefits from the State,... Read more »

0 Answers | Asked in Family Law and Child Support for Mississippi on
Q: My child's father was incarcerated for 14 years, can I put him.on support for those years, she just turned 18

I never filed for child support bc he was locked up. He is out on early release now. Can I have him put on support for those years he was locked up

0 Answers | Asked in Real Estate Law, Child Support and Probate for Mississippi on
Q: My mother in law owns 30 acres of land that she inherited from her parents when they passed away. Her son (my husband)

and her daughter will inherit and split the land after she is deaceased, but she doesn’t want it put in his name because she is unsure if they can seize his land because he owes child support. Can they take your land if you owe child support? And also if she (my mother in law) was to pass away... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My son is now 18. But his dad owes 11,000 in arrearage through DHS, who has not been enforcing. What are my options

His original payment was based on unemployment income years ago. He makes significantly more money the last few years and DHS said o

It was supposed to increase three years ago when I asked for a review and they sent him letters but never followed through. He has three storage buildings... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2022

A couple of things is going on here.

1. If your son is 18, what is he doing as far as school, employment, living arrangements, etc. he may or may not be emancipated.

2. If he is not emancipated, you should hire a private attorney and file for an increase in support. DHS usually...
Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: If my children want to be emancipated to help me get off child support what are my options?

My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 4, 2022

Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can my husbands ex wife serve me his child support modification documents?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 28, 2022

The requirements for a process server are: 1. 18 years or older, 2. not convicted of a felony, 3. not a party to the lawsuit. So, the answer is yes, if the ex-wife meets these requirements.

1 Answer | Asked in Child Support for Mississippi on
Q: I have a Mississippi child support order for two child, one of the children just join the military.

Does the child support stop for that one child that join the military?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 30, 2022

Not necessarily. If your child support order specifies an amount for each child, I.e., $200 per month per child for a total of $400 per month, then you would be safe to reduce your child support by the amount designated for the child that has joined the military, if he/she has joined the full... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: Can the father of a 9 month old release all rights to the child under certain circumstances?

The mother is extremely irrational, irate, and narcissistic. Child is being held over the fathers head and used as a tool to emotionally attack the father. The father is being stalked, harrsssed and bullied online by thousands of people.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 20, 2022

A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: I’m from Mississippi, so if my daughter gets a full time job instead of going to college. Does my child support stop?

It says till 21 unless emancipated, does a full time job count as emancipation?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 19, 2022

If your child reaches the age of 18, graduates from high school but does not go on to college, and becomes employed full time, you should file a motion to terminate your child support. More than one emancipation event will have taken place; however, an attorney cannot tell you will 100% surety that... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: What does it mean when my child support case has been referred to the legal dept. with child services?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 6, 2022

It means that it has been referred to the attorneys for collection through court action.

1 Answer | Asked in Child Support for Mississippi on
Q: It’s been a year and state child support office isn’t making my kids father pay full amount that’s court ordered?

I hired a private lawyer in 2020. July 2021 our court order was signed by my childrens father. His payments are suppose to come out his check through the state from his job. But it’s been one whole year and the payments are still not right. I have been to the child support office almost every... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 28, 2022

You would probably do better to take all of your paperwork to a private attorney and let him/her review it. The private attorney will be better able to spend the time on trying to determine what is going on with your case. If the court order states a specific amount each month for current support,... Read more »

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: My ex and I have a custody agreement that includes child support, he was recently arrested, what will happen w/child spt

Child support is only $100 per month

Incarcerated parent is non custodial parent.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2022

The child support will continue to accrue each month. Incarceration does not remove his obligation.

1 Answer | Asked in Child Support for Mississippi on
Q: In the state of Mississippi is my child support late if I do not pay it on the first of the month?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

Your child support is late if you do not pay it as of the due date designated in the Order. That may or may not be the 1st day of each month.

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