Child support: Mississippi only considers one parent’s income

Mississippi is one of only four states where one parent's income is used to determine child support, and that keeps child support payments here higher than if both parents' incomes were used, according to a recently released national study.

As the number of working mothers has ballooned in recent decades, most states use child support payment formulas that factor in both parents' incomes.

Only Mississippi, North Dakota, Texas and Arkansas don't consider the income of the custodial parent, usually the mother, according to a recently released study by Utah-based Custody X Change, a company that makes software for custody arrangements. And, it notes, Arkansas is planning to change its formula to consider both parents' incomes.

A bill that died early in the Mississippi legislative session this year would have allowed seasonal variations in one or both parents' incomes or expenses in

determining child support, but it never gained traction.

Jerrod Rayborn, a Ridgeland attorney who represents fathers in family custody cases, believes Mississippi should keep its current approach.

"One view is that the noncustodial parent only has the child a few days out of the month so they need to be paying child support regardless of the income disparity of the parties," Rayborn said. "Also, in my experience, I have found that the noncustodial parent has the higher income and so I believe our state gets it right most of the time.

"However, it is not uncommon where the custodial parent has a higher income and child support almost seems like a windfall," Rayborn said. "In those cases I believe it would be useful for the court to consider the income of both parents."

Mississippi Low-income Child Care Initiative Executive Director Carol Burnett said they believe that all parents should financially support their children.

"Our primary concern about child support is that single parents (who are usually moms) should not have to initiate a legal action against the absent parent for child support in order to qualify to receive child care assistance," Burnett said.

Rep. Oscar Denton, D-vicksburg, filed the bill that died in the Legislature without making it out of committee. It could have potentially allowed both parents' incomes to be considered. However, it's primary goal was child support for special needs children.

"I'm probably for it, but I'm not out there beating the bushes for it," Denton said of child support based on both parents' income. He said a constituent probably approached him about filing the bill.

Even in states where both incomes were considered, the study utilizing a hypothetical family with two children, ages 7 and 10, with a mother having custody and making $45,000 and the noncustodial father making $55,000, found that child support payments varied greatly — and were not tied to cost of living or political leanings of each state. A noncustodial parent's child support payment could range from $402 a month to $1,187 a month depending on where they lived.

"Child support is complex," Ben Coltrin, Custody X co-founder and president, said in the news release. "States don't want to set a payment too low, leaving a child's needs met. At the same time, they don't want to set a payment so high that the parent can't afford it."

How is child support determined in Mississippi?

A chancery judge calculates the noncustodial parent’s gross income, then makes certain deductions to arrive at the adjusted gross income and uses that figure to determine the proper amount of support.

The state uses the noncustodial parent's gross income including wages, salary, interest, dividends, any alimony, retirement benefits disability, workers’ compensation and unemployment.

The guideline formula for determining the amount of child support is 14% of noncustodial parent's income for one child, 20% for two children, 22% for three children, 24% for four children and 26% for five or more children.

It should be noted that chancery judges have the discretion to vary from the guideline formula.

Who helps collect child support in Mississippi?

The Mississippi Department of Human Services helps a parent collect child support but has no role in setting the amount.

The Mississippi Attorney General's office prosecutes cases regarding unpaid child support when all other avenues are exhausted or the case has been referred by the Department of Human Services. Contact the DHS hotline at 877-882-4916 with complaints about unpaid child support.

Contact Jimmie E. Gates at 601-9617212 or jgates@gannett.com. Follow @jgatesnews on Twitter.