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Mississippi Child Support Questions & Answers
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.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 6, 2021

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: i just need to know how where and what to do to get a child modification in mississippi..

they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What does it mean if you get a letter from DHS saying This is an arrears only case. There is no obligation to review

I was paying back child support and I just got a letter from DHS saying: This is an arrears only case. There is no obligation to review. What does this mean

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.

1 Answer | Asked in Child Support for Mississippi on
Q: I owed back child support in MS that is deducted from my check. My kids are all over 21 now. Do I have to pay the rest?
Paul Ylvisaker
Paul Ylvisaker
answered on Jan 6, 2021

Yes. Your children’s emancipation (turning 18 usually) has no bearing on past support not paid. Child support will be collected until paid in full or waived by the paent receiving. Keep in mind that some states charge interest on the principal amount and the debt is not paid until both principal... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Hello my son just turn 21, But his father owes $18,000 in back child support so did my son childsupport stop at age 21
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 28, 2020

It's really going to depend on the language in the child support order; however, since your son has reached the age of majority, he will need to sue his father for the back child support within a certain time frame, otherwise he will not be able to collect the back child support.

1 Answer | Asked in Divorce, Child Custody and Child Support for Mississippi on
Q: If my divorce settlement says that my ex-husband doesn’t have to pay child support, how soon can I go back to court

We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 24, 2020

Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My ex. arrears balance is 84,000 for twins who are now 23. One has a handicap. Does this balance expire due to age?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2020

Yes. Your children (or you acting on their behalf) have until their 28th birthday to initiate an action against your ex to collect the arrears, otherwise the balance may be wiped clean. I would highly encourage you to reach out to a family law attorney as soon as possible, so that an action can be... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can my brother get answers about his child support case with him being the non custodial parent?

He received a letter in the mail stating that he had a 0.00 balance in arrears then a few days later in received a letter that he is $1400 in the rear. He have sent letters , he went to the office, and he has called to request someone to talk to him and No one will talk to him about his case.... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2020

His best bet will be to continue reaching out to someone with child support enforcement, and request an accounting statement so that he can verify what his balance is, and when the balance accrued.

1 Answer | Asked in Child Custody, Child Support and Divorce for Mississippi on
Q: What can I do if my husband married another woman while we are still legally married
Christopher Dunnells
Christopher Dunnells
answered on May 13, 2020

It depends on what you want to accomplish.

If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to...
Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: my Ex-husband and I share custody of our son he won’t pay child support.

I called DHS they said he never filed a paycheck stub to show what he makes. Do I have to allow him to see our son?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2020

Yes. Even though he does not pay child support, you still have an obligation to produce the child for visitation, otherwise you would also be in contempt of the court order.

1 Answer | Asked in Child Support for Mississippi on
Q: I currently pay child to the mother but my daughter lives with me. The mother is incarcerated. Will my support stop?

She has been living with me for 2 years. To hire a attorney and have the support reversed cost over 2000$

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2020

You would definitely need to hire a lawyer to draft the necessary documents requesting that support be terminated, and to show a change in custody. Unfortunately, the support does not stop automatically.

1 Answer | Asked in Child Support for Mississippi on
Q: If i was in jail

If i was in jail payment was adding up can i get it reduce i was paying before i went in got behind because of jail

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2020

Unfortunately, once a child support payment becomes due, there is no way to wipe it clean. That being said, if you have had a reduction in your income, you can ask the court to lower your regular child support payments.

1 Answer | Asked in Child Support for Mississippi on
Q: If a father pay for the child insurance is it true that he does not have to pay child support?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 16, 2020

No. Typically insurance is included in addition to the base level child support. For clarity, you may want to review the court order (if one has already been issued).

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