Paying Child Support

If you can’t afford your child support payment, it is important to take action EARLY and follow through until your situation is resolved.

Here are some actions you can take:

• Call the Child Support Call Center at 877-882-4916 to speak with a child support specialist and let them know about your situation.
• Pay what you can, as often as you can. There are several options for payment listed on this page.
• Complete and submit a Noncustodial Parent Review Questionnaire form to request that your child support amount be lowered.
  • After you submit this form, a change in your child support amount is not guaranteed, but it can be considered.
• Complete and submit a Noncustodial Parent Contempt Questionnaire form explaining your inability to pay and requesting a lower child support amount.
  • After you submit this form, a change in your child support amount is not guaranteed, but it can be considered.
  • If the agency moves forward with a contempt proceeding for nonpayment, the Court will hear the facts and make a ruling.
• If your license has been suspended, you can complete and submit a License Reinstatement Questionnaire form to provide information that the agency can use to determine whether to negotiate the required lump sum payment.

Please note that even if you lose your job, you are still responsible for child support at the same amount unless a court order lowers the support amount.

The child support amount is part of a court order, so changes to the amount must be done by a court order.

Parents have the right to request a review of the child support amount every three (3) years from the date the order was entered or modified by the court.  

However, either parent may request a review of their case at any time should circumstances warrant.

To request a review of your child support amount, you can complete and submit the appropriate form:

Custodial Parent Review Questionnaire 

Non-custodial Parent Review Questionnaire

The reviews conducted on the three-year review cycle do not require proof of a substantial change of circumstances before a court may modify the child support order.

Reviews conducted inside the three-year review cycle require proof of a substantial change in circumstances.

The following are some of the factors that can be used to demonstrate a substantial change in circumstance:

• Substantial increase or decrease in the income of the parent responsible for paying child support;
• Increased needs caused by advanced age and maturity of the children;
• Increase in expenses;
• The health and special needs of the child;
• The health and special medical needs of the parents.

When the review is complete, each parent will receive notice of the results and have an opportunity to agree or disagree with the results. A court must approve the final order.

Paternity means having a legal father.

There are several ways that biological fathers become legal fathers:

Marriage

• If a married couple has children, the husband is presumed to be the legal father. Paternity is established by the birth of a child to a married couple.

A Simple Acknowledgment of Paternity (ASAP)

• This is a voluntary form completed by parents who are not married. It is often completed at the hospital when the child is born. It is signed by both the mother and the father and gets filed with the birth certificate. 
• If both parents complete the ASAP, no further action is needed to establish paternity. 
• The hospital or birthing facility will have this form available to parents, and there is no fee involved when the acknowledgment of paternity is filed along with the birth certificate.

Court

• If an unmarried couple does not complete A Simple Acknowledgement of Paternity (ASAP), a court will have to establish paternity.
• The MDHS Child Support program does not represent either parent in court, but child support program staff can assist either parent in completing the necessary steps, including DNA tests, if there is a question about the identity of the child’s father.
• The court will look at the evidence and determine whether the alleged father should be named the legal father.
• A parent responsible for paying child support can pay the $25 fee to apply for child support services.

Apply for Child Support Services

A Simple Acknowledgment of Paternity Brochure

Paternity can also be disestablished under certain circumstances. Paternity cannot be disestablished by a negative DNA test alone. To disestablish paternity, the legal father has to file a petition with the court. There are certain specific conditions that must be met before a court will disestablish paternity (Miss. Code Ann. Section 93-9-10).

MDHS does not offer disestablishment of paternity services. A father will need to speak with a private attorney to determine whether and how paternity can be disestablished.

There are three ways that you can get your license re-instated:

• Pay the full amount of your back child support (arrearage amount).
• Contact the Child Support Call Center at 877-882-4916 to determine if you qualify for a negotiated agreement,  
• Provide proof that you were recently released from incarceration of more than 180 days. The Child Support staff attorney will still need to determine that re-instatement is appropriate in your case.

If you have questions about how to get your license re-instated, contact the Child Support Call Center at 877-882-4916.

You should update your employment information as soon as possible. This can be done by:

• Calling the Child Support Call Center at 877-882-4916 and providing the updated information,
• Uploading the new employment information online through the Child Support Document Upload page, or
• Physically bringing your new employment information to any child support office.

You should update your address as soon as possible, along with any other contact information that may have changed, such as your phone number. This can be done by:

• Calling the Child Support Call Center at 877-882-4916 and providing the information,
• Uploading the new address and contact information online through the Child Support Document Upload page, or
• Physically bringing your new address and contact information to any child support office.

Judges are allowed to decide whether or not your child support obligation should be lowered or suspended while you are incarcerated.

To request a review of your child support amount, you can complete and submit the Non-custodial Parent Review Questionnaire. 

No, not for child support ordered by a Mississippi court. The age of majority in Mississippi is 21 years old. 

For child support ordered in other states, the age at which child support ends will vary. 

Once a child reaches the age of majority, or is emancipated, child support will be terminated, unless it is otherwise provided for in the support judgment. 

However, MDHS may still pursue the collection of child support arrears (back child support) past the age of 21. 

In Mississippi, a child is automatically emancipated when the child:

• marries, 
• joins the military and serves on a full-time basis, or
• is convicted of a felony and is sentenced to two or more years.

Upon the filing of a petition, a Mississippi court may determine that emancipation has also occurred when the child:

• discontinues full-time enrollment in school once they are eighteen (18) (unless the child is disabled),
• voluntarily moves from the home of the parent or guardian receiving child support, lives on their own independently, obtains full-time employment, and does not continue their education before turning twenty-one (21), or
• lives with another person without the approval of the parent obligated to pay child support. 

A support obligation will be suspended for a child who is incarcerated, but not emancipated, during the period of time that the child is incarcerated.

No, MDHS represents the State, and does not provide representation to either parent. No attorney-client relationship exists between an attorney employed by MDHS and any recipient of child support program services.

Check the Mississippi Bar’s list of “pro bono” (free) legal resources to find help near you. 

You have the right to:

• Receive fair and nondiscriminatory treatment.
• Have all your private data treated confidentially; if you disclose the existence of  domestic/family violence, your case will be subject to heightened safeguards to ensure your participation in child support does not contribute to an unsafe environment.
• Be notified of all important actions concerning your case.
• Ask for reviews and changes to your support order. Either parent has the right to ask for a review of the court order to ensure the amount is appropriately based on established guidelines.

Yes, establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. 

A child with a legal father is entitled to benefits through the father. These benefits include Social Security benefits, veterans’ benefits, and inheritance rights. Children may also benefit by knowing their family’s biological, cultural, and medical history.

The child support program may assist either parent in establishing paternity for a child who does not have a legal father.

Domestic/family violence is more than just physical abuse. Both men and women and either parent can be victims. 

Domestic/family violence can also include:

• The use of words to inflict emotional damage or gain control;
• The use of force or verbal pressure to have sex or other sexual acts without permission;
• The destruction or theft of property or the withholding of money;
• Unwanted attention that can create an environment of fear.

If there are domestic/family violence issues in a child support case, your privacy can be  safeguarded and information about the location of the parent and child(ren) will be protected from disclosure to the other parent and/or anyone, unless disclosure is ordered by a court.

These protections can include:

• Removing the address and other personal contact information for certain court filings.
• Notifying other states of safety concerns if you or the other parent move out of state.
• Making sure to schedule appointments so you and the other parent are not in the office at the same time.
• Working with the courts to make sure there’s appropriate security at court or  alternative methods for appearing at court.
• Connecting you with community resources to help with safety planning, transportation, housing and other legal services.
• Upon a showing of good cause, closing your case if pursuing child support is not in the best interest and safety of you or your children.

In Mississippi, the amount of child support is determined using statutory guidelines. 

These guidelines provide the percentage of the adjusted gross income (an individual’s total gross income minus specific deductions) of the parent who is responsible for paying support which should be awarded for the support based on the number of children who are due support.

The court reviews child support agreements to make sure the guidelines are applied correctly and the child support amount is appropriate. In some cases, the court may decide not to use the guidelines to determine the amount of child support.

View Mississippi’s Child Support Guidelines

All states must provide child support services regardless of where the other parent lives. Federal law requires states to work together to establish and enforce child support.

• When a parent who is supposed to receive child support lives in another state, Mississippi collects child support from the responsible parent and sends the support to the other state.
• When the parent who owes support lives in another state, Mississippi can send a request to the other state to establish a new support order or enforce the existing Mississippi order.
  • The other state will collect support from the responsible parent and send the support to Mississippi. 
  • If the other state establishes a support order, it applies its own laws when setting the amount and duration of support. 
  • If the other state enforces a Mississippi order, it will recognize Mississippi law regarding the duration of support, but it will apply its own laws and policies in enforcing the order. 
  • These actions may occur as long as certain requirements are met under the Uniform Interstate Family Support Act (UIFSA). This may include parents agreeing in writing to allow a specific state to exercise jurisdiction over the child support case.