Support in Mississippi

How Mississippi Calculates Child Support

Mississippi uses an income-shares model established under the Mississippi Child Support Guidelines set forth in Miss. Code Ann. Section 43-19-101 et seq. The model is based on the principle that children should receive the same proportion of parental income they would have received if the household had remained intact.

The calculation begins with each parent’s adjusted gross income, which includes wages, salaries, commissions, bonuses, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment benefits, disability payments, rental income, dividends, interest, and other recurring income. The court may impute income to a parent who is voluntarily unemployed or underemployed without just cause.

The parents’ adjusted gross incomes are combined, and the guidelines schedule identifies the total child support obligation based on the combined income and the number of children. Each parent’s share of the obligation is proportional to their percentage of the combined income. Costs for health insurance, work-related child care, and extraordinary expenses are added to the basic obligation and divided proportionally.

For a general overview of how income-shares models work, see our guide on how child support is calculated. You can also estimate your potential obligation using our child support calculator.

Deviations from the Guidelines

The guidelines create a rebuttable presumption that the calculated amount is the correct amount of child support. However, the court may deviate from the guidelines if strict application would be unjust or inappropriate. Under the guidelines, grounds for deviation include:

• Extraordinary medical, psychological, or educational expenses of the child
• Independent income of the child
• The earning capacity of each parent
• Seasonal variations in income or expenses
• The age and special needs of the child
• The particular shared parenting arrangement and related expenses
• The total available assets of the obligee, obligor, and child
• Any other adjustment needed to achieve an equitable result

Any deviation must be supported by written findings of fact explaining why the guidelines amount is unjust or inappropriate.

Modifying or Terminating Child Support

Either parent may petition for modification by demonstrating a material change in circumstances that is substantial and continuing. The party seeking modification bears the burden of proof. Significant changes in income, changes in the child’s needs, or changes in the custody arrangement may warrant modification.

Child support in Mississippi generally continues until the child turns 21 — one of only a few states that extend the obligation beyond age 18. Under Miss. Code Ann. Section 93-11-65, support obligations extend to age 21 unless the child is emancipated, marries, enters military service, or otherwise becomes self-supporting. Mississippi does not generally require parents to contribute to post-secondary education expenses beyond the age-21 support obligation.

Enforcement of Child Support Orders

The Mississippi Department of Human Services (MDHS) and the courts have broad enforcement authority:

• Income withholding from wages and other income sources
• Interception of state and federal tax refunds
• Suspension of driver’s licenses, professional licenses, and recreational licenses
• Liens on real and personal property
• Passport denial for arrearages exceeding $2,500
• Reporting to credit bureaus
• Contempt of court proceedings, which may result in fines or incarceration
• Incarceration for willful nonpayment of support

Arrearages accrue and cannot be retroactively reduced. Any modification takes effect from the date the petition for modification is filed.

Alimony in Mississippi

Mississippi courts may award alimony under Miss. Code Ann. Section 93-5-23. The Mississippi Supreme Court recognized multiple distinct types of alimony in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993), providing a comprehensive framework:

• Periodic alimony. Ongoing regular payments designed to provide support based on the needs of the receiving spouse and the ability of the paying spouse. Periodic alimony is modifiable and terminates upon the death of either party or the remarriage of the recipient.
• Lump-sum alimony. A fixed total amount paid at once or in installments. Once ordered, lump-sum alimony is not modifiable and is not affected by remarriage.
• Rehabilitative alimony. Support for a defined period designed to help the receiving spouse obtain education, training, or employment to become self-supporting.
• Reimbursement alimony. Compensation for contributions one spouse made to the other’s education or career advancement during the marriage (e.g., a spouse who worked to put the other through professional school).
• Transitional alimony. Short-term support to assist a spouse in adjusting to the financial changes of post-divorce life.

Mississippi courts assess alimony using the factors established in Armstrong, which substantially overlap with the property division factors from Ferguson v. Ferguson.

Factors in Alimony Determinations

The court considers the following factors when determining alimony:

• The income and expenses of each party
• The health and earning capacities of each party
• The needs of each party
• The obligations and assets of each party, including marital and separate property
• The length of the marriage
• The presence or absence of minor children in the home
• The age of the parties
• The standard of living during the marriage and at the time of the support determination
• The tax consequences of the spousal support order
• Fault or misconduct of either party
• Wasteful dissipation of assets by either party
• Any other factor deemed just and equitable by the court

Notably, fault plays a role in Mississippi alimony determinations. A spouse whose misconduct contributed to the breakdown of the marriage may receive less favorable treatment in an alimony award.

Modification and Termination of Alimony

Periodic alimony may be modified upon a showing of a material change of circumstances. Periodic alimony terminates upon the death of either party or the remarriage of the recipient. Lump-sum alimony, once ordered, is not modifiable and not affected by subsequent events. Rehabilitative and transitional alimony may be modified if circumstances change during the support period.

When to Seek Legal Guidance

Mississippi’s income-shares model for child support, the extension of support to age 21, and the multiple categories of alimony create a detailed but complex framework. The role of fault in alimony determinations adds an additional layer of strategic consideration. If you are evaluating child support or alimony in Mississippi, consider scheduling a free consultation with an experienced family law professional to discuss your options.