Lawyers, Answer Questions  & Get Points Log In
Mississippi Child Support Questions & Answers
1 Answer | Asked in Child Support for Mississippi on
Q: Contempt action against my sons mother for unpaid child support over ten thousand. What is the typical outcome in court?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 24, 2022

The outcome will always depend on the Judge and the facts of each case. However, I can tell you that if child support is not paid as ordered then the Judge can order the back support paid, order the payor to reimburse attorney’s fees and any costs, order the payor to jail until the amount is... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Married 5 months ago. Will I get stuck with his back child support. Ex is taking him to court for not paying all.

He worked a different job when he divorced the ex years ago. The job lost its contract. He now works a job making less. He got behind cs before we married.

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

You cannot be held liable for his child support obligation.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What form do I file to child support case that's about to go to court
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 11, 2022

You do not provide enough information about your current situation to answer this question. I’m unsure as to what “form” you are referring to.

1 Answer | Asked in Child Support for Mississippi on
Q: My son's father doesn't help me at all with our son. I filed for cs in Jjne 2021 we established paternity in July and

He signed a petition of what he was ordered to pay. As of today there has been no payments made and the order has not even been filed at chancery court bc they keep saying it has to go before a judge for signature

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

I am going to assume that you went through DHS to establish paternity and child support. If the Order was signed by all parties in July, 2021, there is no excuse for the delay in presenting it to the Judge. You should contact the attorney handling the paternity action and make a demand that the... Read more »

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Does my child support end if my 19 yr old son joins the military? He is joining air national guard with Air Force in MS.

My son will be 19 yrs old in January and is currently in college; however, he may not be next semester due to him joining the military. Does joining the military automatically emancipate him and child support stops or will I need to file a modification to end the child support and show proof of him... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 19, 2021

Yes, joining the military on a full time basis is an emancipating event in Mississippi.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my kids’ mother file a child support order in Mississippi if she nor the kids have ever lived here

Child support petition

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 15, 2021

If you live in Mississippi and have a support order from another state, the originating state will send the order to Mississippi for collection efforts.

1 Answer | Asked in Child Support for Mississippi on
Q: How can I get my daughters back time child support. I have asked the child support office but they are not helping

If possible could she get the entire amount at one time? They told me she would only get $30 a month but she hasn't got any back time at all yet. Her dad hasn't paid child support since august.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 24, 2021

A complaint would need to filed with the court asking that he be found in contempt and asking for the back support, attorney’s fees, and expenses. The court can order that he be incarcerated, as well, but whether or not you receive the full amount in lump sum depends on how much is owed.

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Child Support for Mississippi on
Q: I live in MS. My child is 19, pregnant, working, not in college. Do i still have to pay court ordered child support?

I am up to date with my court ordered child support and no arrears.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 20, 2021

You will have to pay the support until you file a petition with the court asking that the support be terminated for the above reasons.

1 Answer | Asked in Child Support for Mississippi on
Q: Can i ask for child support modification when i retire from govt job of 30 years in MS as my income will be lower?

Will this retirement be considered voluntary if it's for the 30 years which is the benchmark retirement year? I will be 55 years old at that time. I'm also in bad health with multiple issues with my spine and knee and severe anxiety.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 8, 2021

Yes, you can ask for a reduction of child support at retirement; however, it will not be rubber stamped. The court will look at several factors while making a decision to grant or deny your request, e.g. your age, your health, the reason for the retirement, your ability pay, whether you can/will... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I change the name the child support case is in from my mother to me as I'm now over 18 and not living with her?

My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 17, 2021

I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My husband’s kids mother is willing to sign her rights over to him does that still require a lawyer to do so?
William R. Wright
PREMIUM
William R. Wright
answered on Aug 16, 2021

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My best friend is being raped by her husband and needs to leave state with her two kids. She lives in Mississippi.

I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.

William R. Wright
PREMIUM
William R. Wright
answered on Aug 5, 2021

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have temporary custody over my child. Can I be taken off of child support ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 4, 2021

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I’m court ordered through DHS to get $160 but I barely get it. If I closed the case & used a lawyer could I get more?

He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 24, 2021

First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband and I remarried in 2020. He is a disabled vet and doesn’t pay taxes. I filed a joint tax return at the end.

They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released

William R. Wright
PREMIUM
William R. Wright
answered on Jul 17, 2021

I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Support emancipation ends in 4 months. (MS) Should I began the process of termination now. Who do I contact to start it.
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 14, 2021

If the emancipation is due to the child reaching the age of 21, there is really nothing for you to do. If the child support is being taken out via a withholding order and/or DHS is collecting the money each month, you may want to contact that agency to ensure that they are aware that the child is... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can my boyfriend get his back child support dropped if his children are 34 and 31years old?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 12, 2021

Your boyfriend is probably paying off an arrearage in child support. Child support in Mississippi becomes vested once due and cannot be forgiven. However, the courts can give credits against the debt. If it is an arrearage, then he is basically on the hook until it is paid off.

1 Answer | Asked in Estate Planning, Real Estate Law and Child Support for Mississippi on
Q: Parents willed a house to me but there's no deed or survey for it.

I am finding out that it will never be in my name. Do I have any recourse?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 29, 2021

There is no recourse for you against anyone. But your Parents probably took the property as heirs at law under intestate succession. You may want to hire a competent attorney to search the title and determine heirship. Then you record an Affidavit of Heirship in the County Records. That will... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: My child 19 decided to quit college and come live with me until she can get her own place. I am non custodial parent.

Can DHS suspend child support to the custodial parent in Mississippi?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 30, 2021

Yes; since the child is living with you, it is in your best interest to notify DHS of the change in living arrangement and petition the court to suspend child support so that you will no longer be paying.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.