Modification of Child Support

In Mississippi, the child support agreement may be modified if there has been a material change in circumstances of the child or parents, unforeseeable at the time of the award,  since the decree. The factors that the court will consider in determining whether a material change has occurred are:

• The increased needs of older children
• An increase in expenses
• Inflation
• A child's health and special medical or psychological needs
• The parties' relative financial condition and earning capacity
• The health and special needs of the parents
• The payor's necessary living expenses
• Each party's tax liability
• One party's free use of the residence, furnishings, or automobile
• Any other relevant facts and circumstances

If a court, after weighing the facts, determines that a material change in circumstances exists it will apply the statutory guidelines to determine the appropriate amount of support.

A payor's increased income by itself does not necessarily constitute a material change in circumstances - nor does the mere fact that children are older. Also, changes in income or expenses of a payor resulting from lifestyle choices are not reason to modify: a payor may not be allowed to reduce support based on newly acquired personal debt or costs of additional children in later families.

It is important to know that child support may generally not be modified via an out-of-court agreement between the parties. Although more recent decisions seem to confuse the matter, it is best to modify your agreement through the court - as the court is under no obligation to enforce an out-of-court-agreement between the parties and the payor may still be on the hook for arrearages.

Only payments not yet due may be modified. Vested alimony or support payments cannot be modified or forgiven by the court or the parties. Additionaly, a payor in arrears (behind on his/her support or alimony payments) may be denied modification - even if there has been a material change in circumstances.

Modification of your support obligations is a complicated process. If you are having difficulty making your support payments, or have recently had a significant change in income or circumstances it is in your best interest to contact a family lawyer.