- 14% for one child
- 20% for two children
- 22% for three children
- 24% for four children
- 26% for five or more children
These statutory percentages are presumed to be correct for child support payors with a gross adjusted income between $10,000 and $100,000. However, courts may deviate from the statutory guidelines if application of the statutory percentages would be "unfair or inappropriate". Mississippi Code Section 43-19-103 sets out a list of criteria which may serve as a basis for deviation from the percentage guidelines. Those criteria are:
- A child's extraordinary medical, psychological, dental, or educational expenses
- Other special needs of the child
- Shared parenting arrangements
- The age of the child
- Independent income of the child
- Spousal support to the custodial parent
- Total available assets of the parents
- Seasonal variations in income or expenses for one or both spouses
- Any other adjustment needed to achieve an equitable result
The court must make written findings of fact in any case involving payors with an adjusted gross income below $10,000 or above $100,000 - even if the court only applies the statutory percentages.
The percentages merely produce a basic child support award designed to cover a child's ordinary living expenses (shelter, clothing, food). It is possible that a noncustodial parent could be ordered to pay for additional expenses not covered by the basic award; things such as out of pocket medical expenses, health insurance, and life insurance. These payments may be ordered in addition to the basic support award without being considered a deviation from the statutory percentages.
The information presented here represents only the starting point of determining child support. It is a complicated issue that can have significant and long lasting financial ramifications.
No comments:
Post a Comment