UNDERSTANDING CHILD SUPPORT:
A HANDBOOK
FOR PARENTS
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The purpose of the child support program is to secure nancial,
medical and emotional support for children and families, thereby,
contributing to a family’s ability to become self-sucient and
maintain self-suciency . The Mississippi Department of Human
Services, Division of Child Support Enforcement exists to provide
these services to the families of Mississippi.
TABLE OF CONTENTS
DEFINITIONS ....................................................................................................................5
WHAT IS CHILD SUPPORT? .............................................................................................6
WHAT IS “IV-D”? ...............................................................................................................6
HOW CAN A PERSON RECEIVE CHILD SUPPORT PAYMENTS? ...................................6
WHAT CHILD SUPPORT SERVICES ARE AVAILABLE? ....................................................6
WHAT CHILD SUPPORT SERVICES ARE NOT AVAILABLE
IN THE MISSISSIPPI’S IV-D CHILD SUPPORT PROGRAM? ............................................6
HOW DO I APPLY FOR CHILD SUPPORT SERVICES? ....................................................7
AFTER I APPLY, WHAT ELSE SHOULD I DO? ..................................................................8
IF I APPLY FOR CHILD SUPPORT SERVICES, DO I HAVE ANY RIGHTS? .......................8
WHAT MUST BE DONE BEFORE I CAN GET A CHILD SUPPORT ORDER? ..................8
IS IT IMPORTANT TO ESTABLISH THE LEGAL FATHER OF A CHILD? ..........................9
HOW ARE CHILD SUPPORT ORDERS ESTABLISHED? ..................................................9
CAN PATERNITY BE DISESTABLISHED? .........................................................................9
WHAT IF I DON’T KNOW WHERE THE PARENT WHO
IS RESPONSIBLE FOR SUPPORT IS LOCATED? .............................................................10
DOES THE AGENCY REPRESENT ME IN COURT
PROCEEDINGS REGARDING MY CHILD SUPPORT CASE? ...........................................10
DOES MY CHILD SUPPORT ORDER AUTOMATICALLY
END WHEN MY CHILD REACHES AGE 18? ....................................................................10
WHAT IF I AM RECEIVING PUBLIC ASSISTANCE? .........................................................11
IF I RECEIVE PUBLIC ASSISTANCE, MUST I COOPERATE
WITH THE CHILD SUPPORT PROGRAM? .......................................................................11
WHAT PROTECTIONS ARE AVAILABLE TO ME WHEN
I REPORT THE EXISTENCE OF DOMESTIC/FAMILY VIOLENCE? ...................................11
HOW DO I CLAIM GOOD CAUSE IF I HAVE A VALID
REASON NOT TO COOPERATE WITH THE CHILD SUPPORT PROGRAM? ..................12
HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED? .......................................12
WHAT IF I NEED A CHANGE IN MY CHILD SUPPORT ORDER? ...................................13
WHAT OTHER TYPES OF SUPPORT CAN BE ORDERED? ..............................................14
HOW DO I MAKE A CHILD SUPPORT PAYMENT? .........................................................14
HOW IS CHILD SUPPORT PAID TO ME? ........................................................................14
WHAT METHODS ARE USED TO COLLECT CHILD SUPPORT? .....................................15
WHAT HAPPENS WHEN ONE PARENT DOES NOT LIVE IN MISSISSIPPI? ...................16
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Every child needs nancial and emotional support from both
parents. Even when parents do not live together, it is important
they work together to support their child(ren). Services provided
by the child support program include, but are not limited to,
paternity establishment, location and enforcement services, and
obtaining and modication of court orders.
This handbook gives you general information about child
support in Mississippi.
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ARREARAGE:
The total amount of overdue
child support obligations that
remain unpaid.
ARREARS OBLIGATION:
The periodic amount established
in a court order that is to be paid
toward any support arrearage
that accumulates.
CHILD SUPPORT:
Financial support paid by parents
to help support a child(ren)
that they do not have physical
custody of (the child does not
live with them). Child support
can be entered into voluntarily or
ordered by a court.
CHILD SUPPORT GUIDELINES:
A standard method for
determining the amount of
child support obligations, using
a mathematical formula and
based on the income of the
parent responsible for payment
and other factors determined by
state or tribal law.
CONTEMPT OF COURT:
Willfully refusing to do what the
court has ordered you to do.
CUSTODIAL PARENT:
The person with whom the
child(ren) is primarily residing
and/or who is responsible for
the care of the child(ren). Also
referred to as the parent who
receives support or the parent
who is owed support.
DELINQUENCY:
Child and/or spousal support
payments that are ordered by a
court to be paid by a parent for
the support of a child or spouse
or former spouse with whom the
child(ren) is living. Child and/or
spousal support obligations are
considered delinquent if they
have remained unpaid for at least
30 days after payment is due.
DOMESTIC/FAMILY VIOLENCE:
A pattern of abusive and
controlling behaviors that a
person uses against a current
or former intimate partner. It
can include physical, sexual,
emotional, and economic abuse.
GOOD CAUSE:
Reason for which a custodial
parent is excused from
cooperating in establishing
paternity or in securing child
support, such as past physical
harm or emotional abuse,
including threats of harm or
physical abuse, by the child’s
other parent. In certain instances,
it may be determined that it is not
in the best interest of the child to
pursue child support.
INCOME WITHHOLDING ORDER:
An order that requires an
employer to withhold an amount
of support from a parent’s income
and transfer that withholding to
the appropriate agency for child
support. This it is sometimes
referred to as wage withholding
or garnishment.
MODIFICATION:
A change in a child support order
that aects the amount, scope,
or duration of the child support
order and modies, replaces,
supersedes, or otherwise is made
subsequent to the child
support order.
NONCUSTODIAL PARENT OR
PARENT RESPONSIBLE FOR
SUPPORT:
The parent with whom the
child(ren) does not primarily
reside. More often this parent
will be referred to as the parent
who pays support, the parent
who owes support, or the parent
responsible for payment.
PATERNITY :
The legal establishment of a
father for a child, either by court
determination, administrative
process, tribal custom or
voluntary acknowledgment.
PUBLIC ASSISTANCE:
Includes, but is not limited to,
programs such as TANF, SNAP,
and Medicaid, also includes Title
IV-E foster care recipients.
SUPPORT ORDER:
A judgment, decree or order,
whether temporary, nal or
subject to modication for child
support, spousal support and/
or medical support, issued by
a court or an administrative
agency of competent jurisdiction
or a stipulated agreement signed
by a judge. The support order
may also provide for arrears
or reimbursement and may
include related costs and fees,
interest and penalties, income
withholding, attorney fees, and
other relief.
Before you begin, here is a list of denitions that will help you with this handbook:
DEFINITIONS
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WHAT IS CHILD SUPPORT?
Child support is money a parent pays to help meet
his or her child’s needs when the parent is not living
with the child. Support may include payment of the
expenses of medical, dental, and other health care,
childcare expenses, and school expenses. The support
may be part of a court order in a(n):
• Divorce
• Paternity action
• Child custody action
• Family support action
• Action between states
Parents or custodians who want help in establishing,
collecting, or paying child support may apply for IV-D
child support services.
WHAT IS “IV-D”?
Title IV-D (pronounced four-dee) of the Social Security
Act created the child support program and set the rules
that all states’ child support programs must follow.
Often, the child support program is referred to as the
“Title IV-D program” or the “IV-D program.” Parents
and custodians can receive help in establishing and
enforcing child support and medical support through
the IV-D program.
HOW CAN A PERSON RECEIVE CHILD
SUPPORT PAYMENTS?
A person can receive child support if all of the following
apply:
• He or she is the parent of a minor child or is the
person who is responsible for the minor child.
• The minor child primarily resides in the person’s
home.
• The minor child is nancially dependent on that
person.
• One or both of the minor child’s parents do not live
with the child.
• The court has ordered a child support payment.
WHAT CHILD SUPPORT SERVICES ARE
AVAILABLE?
Services provided by Mississippi’s child support
program include:
• Locating parents;
• Establishing paternity;
• Establishing court orders for child support and
medical support (health insurance);
• Obtaining and modifying court orders when
appropriate;
• Enforcing court orders for child support and
medical support;
• Working with other states, countries, and Tribal
nations to establish and/or enforce support when
one parent does not live in Mississippi or has
assets in another state; and
• Collecting and processing child support payments.
WHAT CHILD SUPPORT SERVICES ARE
NOT AVAILABLE IN THE MISSISSIPPI’S IV-D
CHILD SUPPORT PROGRAM?
Mississippi’s child support program does not provide:
• Divorce assistance;
• Spousal maintenance (alimony) order
establishment;
• Enforcement of spousal support if there is no child
support in the order;
• Legal advice or counsel;
• Representation in custody or visitation disputes;
• Disestablishment of paternity services; or
• Emancipation of a minor services.
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HOW DO I APPLY FOR CHILD SUPPORT SERVICES?
If you are a mother or father of a minor child, or have responsibility for the care of a minor child, you can apply
for child support services through the Mississippi Department of Human Services, Division of Child Support
Enforcement.
If you are a TANF, SNAP, Medicaid, or foster care recipient, you will automatically be referred to a child support
oce for child support services.
If you want to prove you are the father of a child or children, you may complete an application and pay a $25
application fee.
If you only want to locate the parent responsible for support, you can obtain and complete an application for
locate only services free of charge.
The application can be found online at www.mdhs.ms.gov/child-support/. Parents can also visit any district
oce to complete an application. Or you can call the child support hotline at 877-882-4916 and request an
application be mailed to your home.
A one-time application fee for full child support services is twenty-ve dollars ($25), and must be paid by
personal check, cashiers or certied check, or money order. The fee is non-refundable. No application fee is
required for location only services, and there is no application fee for cases referred by TANF, SNAP, Medicaid
and some foster care cases.
Completed applications should be mailed to:
MDHS-Division of Child Support Enforcement
950 E. County Line Road, Suite #G
Ridgeland, MS 39157
A non-refundable annual fee of thirty-ve dollars ($35) will be collected from distributed child support in
excess of ve-hundred and fty dollars ($550) for each October – September annual period for applicants who
are not currently receiving Supplemental Nutrition Assistance Program (SNAP) benets and who have never
received Temporary Assistance for Needy Families (TANF) benets. This amount will be collected from the next
distributed payment or payments until the fee is paid in full.
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AFTER I APPLY, WHAT ELSE SHOULD I DO?
You need to take an active role in your case.
Cooperation with the child support program improves
the chances of getting an appropriate support order.
The child support program cannot succeed without
your help.
You will need to provide your Social Security number
to the child support program to get services for the
establishment of paternity and the establishment,
modication, and enforcement of child support
orders. Providing your Social Security number to the
child support program is required by federal law.
You must report changes that may aect your case.
You must report when:
• You or the other parent moves.
• You or the other parent gets a new phone number.
• You or the other parent gets a new job.
• The number of children living with you changes.
• You have new information that might help locate
the other parent.
• You have new information about medical
insurance.
• You apply for public assistance.
• You are involved in other court actions involving
support payments (for example, a divorce action).
IF I APPLY FOR CHILD SUPPORT SERVICES,
DO I HAVE ANY RIGHTS?
Yes, you have the right to:
• Receive fair and nondiscriminatory treatment.
• Have all your private data treated condentially;
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 notied 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.
A periodic review is required and may result in an
increase or decrease in child support.
WHAT MUST BE DONE BEFORE I CAN GET
A CHILD SUPPORT ORDER?
The parent responsible for support must be
identied. Every child has both a biological mother
and a biological father, though the legal parents may
not be the biological mother and father. The legal
parents are the people that the law recognizes as the
parties that are responsible for the care and support
of the child. When a child is born of a marriage, the
law automatically recognizes both people as the
child’s legal parents. When an unmarried woman has
a child, an ocial action is needed to establish the
legal father of the child. This ocial action is called
“paternity establishment.”
Parentage can be established through:
• A birth certicate with a Simple Acknowledgement
of Paternity;
• A marriage license or certicate showing that
the parents were married at the time of birth or
conception of the children;
• A paternity judgment entered by a court;
• A legally obtained adoption.
Mississippi law authorizes the Department of Human
Services to establish paternity at any time until the
child attains the age of 21 years unless the child is
emancipated.
Genetic testing may be done to determine the
biological father of a child; however, paternity cannot
be established based solely on a positive genetic test.
A man claiming to be the father may want proof that
he is the biological father of the child before he is
named the legal father. In that case, he may request
genetic testing. This testing may determine that the
man is not the biological father of the child, or it may
determine a greater than 99 percent likelihood that
the man is the father.
Legal paternity can be established while the mother
is still in the hospital when both parents sign an
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acknowledgment of paternity and return it to the
hospital sta. There is no fee involved, when the
acknowledgment of paternity is led along with the
birth certicate.
If a parent chooses not to voluntarily establish
paternity, a petition to establish paternity must be
led with the appropriate court. If the alleged father
refuses to sign the Acknowledgment of Paternity form,
the mother can request assistance from the agency
in establishing paternity, and obtaining child support
through the court system. There is a $25 fee for this
service UNLESS the mother is receiving any state
supported benet such as Supplemental Nutrition
Assistance Program (SNAP), Temporary Assistance
for Needy Families, (TANF) and, or Medicaid, in which
case there is no charge for this service.
Once legal parents have been identied, an order for
child support can be established.
IS IT IMPORTANT TO ESTABLISH THE
LEGAL FATHER OF A CHILD?
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 benets through the father. These benets
include Social Security benets, veterans’ benets,
and inheritance rights. Children may also benet 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.
HOW ARE CHILD SUPPORT ORDERS
ESTABLISHED?
For child support to be enforceable by the agency,
there must be a court order which requires the
payment of support. For a child support order to
be entered, a complaint for support or a stipulated
agreement of support must be led with the court. A
complaint for support is a legal document that must
be served upon the parent responsible for providing
support and set for a hearing in court on a specic
date. The court will hear the evidence from each
party and set the amount of support to be paid. A
stipulated agreement is a notarized document signed
by the parent responsible for support in which he
or she agrees to support at a set amount. When
approved by the court, it can be enforced as any
other child support order. Once a child support case
opens, the agency can use either of these methods to
obtain a support order.
CAN PATERNITY BE DISESTABLISHED?
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 le a petition with the court.
MDHS does not oer disestablishment of paternity
services. Then there are certain specic conditions
that must be met before a court will disestablish
paternity. However, if the legal father took any of
the following actions, the court will not set aside a
determination of paternity or the child support order:
• Married or lived with the mother of child for an
extended period of time and continued to support
the child after having knowledge that he is not the
biological father;
• Signed a stipulated agreement of paternity that
has been approved by court order;
• Signed a stipulated agreement of support that
has been approved by court order after having
knowledge that he is not the biological father of
the child;
• Declined genetic testing prior to the entry of a
paternity judgment;
• Failed to appear for a scheduled genetic testing
ordered by the court;
• Consented to be named as the biological father
on the child’s birth certicate by signing A Simple
Acknowledgment of Paternity (or ASAP) and failed
to rescind the ASAP within a year;
• Consented to be named as the biological father on
the child’s birth certicate by signing an ASAP and
failed to rescind before an order for child support
has been entered.
- If the alleged father can prove that fraud, duress,
or material mistake of fact, as a defense as to
why he failed to rescind, then the previous two
conditions do not apply.
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WHAT IF I DON’T KNOW WHERE THE
PARENT WHO IS RESPONSIBLE FOR
SUPPORT IS LOCATED?
Location services are provided as part of each full-
service child support case. However, you can complete
an application for locate only services free of charge.
Federal regulations require the agency to attempt to
locate parents who owe support for child support
purposes using all appropriate local, state, federal,
and interstate sources as authorized by state law.
Mississippi law also requires the agency to establish a
state parent locator service for the purpose of locating
parents who owe support and alleged parents, which
will utilize all appropriate public and private locator
sources. All information shall be condential and
shall not be used or disclosed for purposes except for
specied purposes.
Eorts to locate a parent responsible for support
must continue for six months if his/her social security
number is unknown, for two years if his/her social
security number is known, or until the child support
case is closed.
If the parent responsible for support is located and
the custodial parent is only receiving locate only
services, the custodial parent can choose to pursue
full child support services from the agency. However,
a fee will be assessed.
DOES THE AGENCY REPRESENT ME IN
COURT PROCEEDINGS REGARDING MY
CHILD SUPPORT CASE?
No, MDHS represents the State, and does not provide
representation to either parent. Mississippi law states
that an attorney authorized by the State to initiate any
action pursuant to Title IV-D is deemed to represent
the interest of the MDHS only. No attorney-client
relationship exists between an attorney employed by
MDHS and any recipient of IV-D services.
DOES MY CHILD SUPPORT ORDER
AUTOMATICALLY END WHEN MY CHILD
REACHES AGE 18?
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
past the age of 21. In Mississippi, emancipation also
automatically occurs 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 ling 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), or if the child voluntarily moves
from the home of the custodial parent or guardian,
lives on their own independently, obtains full-time
employment, and does not continue their education
before turning twenty-one (21). If the child lives with
another person without the approval of the parent
obligated to pay child support, the child may also be
considered emancipated. 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.
WHAT IF I AM RECEIVING PUBLIC
ASSISTANCE?
Ask your MDHS caseworker about child support
services. Information regarding child support
enforcement services must be provided to TANF,
Medicaid-only, and Title IV-E foster care recipients.
For children automatically eligible for child support
enforcement services, the referral sources are:
• The Mississippi Department of Human Services
which refers cases for participants of Temporary
Assistance for Needy Families (TANF) and
Supplemental Assistance Nutrition Program
(SNAP) benets. The Division of Early Childhood
Care and Development within MDHS requires
applying for child support services, and remaining
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in compliance with their child support case, as part
of the approval process for a childcare certicate.
• The Mississippi Department of Child Protection
Services refers cases with foster children who
receive Title IV-E foster care board payments.
• The State of Mississippi, Division of Medicaid, which
refers cases of children who receive Medicaid
benets.
• The Social Security Administration, which
refers cases with children who are recipients of
Supplemental Security Income (SSI) and Medicaid
benets.
IF I RECEIVE PUBLIC ASSISTANCE, MUST
I COOPERATE WITH THE CHILD SUPPORT
PROGRAM?
Yes, you must cooperate with child support unless you
have an approved good cause claim (see below). If you
do not cooperate with child support, your benets may
be lowered and your eligibility may end for cash, food,
day care, or medical assistance. Recipients of TANF
money payments, IV-E Foster Care board payments,
and Medicaid-only benets must assign their rights to
child, spousal, and/or medical support to the State as
a condition of eligibility for these programs. Assigning
your rights is the legal procedure by which a person
receiving public assistance agrees to turn over to the
state or tribe any right to child support, including
arrearages, paid by the other parent in exchange for
receipt of a cash assistance grant and other benets.
Eligibility for the SNAP Program includes cooperating
with the agency in establishing paternity and obtaining
support. No natural or adoptive parent or other
individual who is living with and exercising parental
control over a child under 18 years old, who has a
parent responsible for support shall be eligible to
participate in the SNAP Program unless the individual
cooperates.
As mentioned above, good cause is a legal reason
for which a parent is excused from cooperating with
the child support enforcement process, such as past
physical harm or emotional abuse, including threats
of harm or physical abuse, by the child’s other parent.
It also includes situations where rape or incest
resulted in the conception of the child and situations
where the mother is considering placing the child for
adoption.
WHAT PROTECTIONS ARE AVAILABLE TO
ME WHEN I REPORT THE EXISTENCE OF
DOMESTIC/FAMILY VIOLENCE?
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 inict 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 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 lings.
• 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 oce 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.
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HOW DO I CLAIM GOOD CAUSE IF I HAVE A
VALID REASON NOT TO COOPERATE WITH
THE CHILD SUPPORT PROGRAM?
You will not be required to pursue paternity or child
support under specic circumstances. You are eligible
to claim good cause for not cooperating to get child
support when there is danger of physical or emotional
harm to you or your child.
You may be excused from cooperating with child
support if any of the following circumstances have
occurred:
• The other parent has caused physical and/or
emotional harm to the child.
• Physical and/or emotional harm caused by other
parent to the relative caring for the child limiting
the custodial parent’s ability to care for the child.
• Child conceived as a result of incest or rape.
• Pending legal adoption proceedings.
• A public or private social services agency is assisting
you, the custodial parent, to decide whether to
keep the child or to release the child for adoption.
• There is a protective order against the other
parent.
Any of the Following Documents Constitute Proof
Required to Claim Good Cause:
• Sworn/notarized statements from individuals with
knowledge of good cause circumstances.
• Court, criminal, law enforcement, medical,
psychological, or social services record indicating
the possibility of physical or emotional harm by
the other parent to the child or the custodial
parent.
• Medical records indicating emotional history and
current emotional health status of the child or
custodial parent.
• Medical or law enforcement records indicating
conception resulted from incest or rape.
• Documents indicating that adoption is pending in
court.
• Written statement from the public or private
agency assisting the custodial parent.
HOW IS THE AMOUNT OF CHILD SUPPORT
DETERMINED?
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
specic 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.
The guidelines are as follows:
Number of Children Due Support and Percentage Of
Adjusted Gross Income That Should Be Awarded For
Support:
1 child 14%
2 children 20%
3 children 22%
4 children 24%
5 or more children 26%
To calculate adjusted gross income, determine all
income from all potential sources that may reasonably
be expected to be available to the parent responsible
for providing support including, but not limited to:
•Wages and salary income;
•Income from self-employment;
•Income from commissions;
•Income from investments, including dividends,
interest income and income on any trust account
or property;
•The responsible parent’s portion of any joint
income of both parents;
•Workers’ compensation, disability, unemployment,
annuity and retirement benets, including an
Individual Retirement Account (IRA);
•Any other payments made by any person, private
entity, federal or state government or any unit of
local government;
•Alimony;
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•Any income earned from an interest in or from
inherited property;
•Any other form of earned income.
Gross income excludes any monetary benets derived
from a second household, such as the responsible
parent’s spouse’s income.
After determining this amount, subtract the following
legally-mandated deductions:
•Federal, state and local taxes. Contributions to
the payment of taxes over and beyond the actual
liability for the taxable year shall not be considered
a mandatory deduction;
•Social security contributions;
•Retirement and disability contributions except any
voluntary retirement and disability contributions;
•If the responsible parent is subject to an existing
court order for another child or children, subtract
the amount of that court-ordered support;
•If the responsible parent is also the parent of
another child or other children residing with him
or her, then the court may subtract an amount
that it deems appropriate to account for the
needs of said child or children.
After adding the total income from all the sources
listed in the rst paragraph, and subtracting all the
deductions listed in the second paragraph, you can
compute the total annual amount of adjusted gross
income by dividing that amount by twelve (12) to
obtain the monthly amount of adjusted gross income.
Child support will continue until a child becomes
emancipated, or reaches the age of majority.
WHAT IF I NEED A CHANGE IN MY CHILD
SUPPORT ORDER?
If there is a substantial change of circumstances, you
can request a review of your child support order at
any time. The following are some of the factors that
can be used to demonstrate a substantial change in
circumstance:
•Substantial increase or decrease in the responsible
parent’s income;
•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.
Both the parents will be notied of their right to
request a review every three years from the date the
order was entered or modied by the court; however,
either parent may request a review of their case at
any time should circumstances warrant. 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.
Reviews are conducted on all active TANF cases every
three years. Non-TANF reviews are conducted upon
written request only.
WHAT OTHER TYPES OF SUPPORT CAN BE
ORDERED?
Both Mississippi law and federal regulations require
that the child support agency secure medical support
information and establish and enforce medical
support and/or cash medical support in all new or
modied child support orders. The state denes
health care coverage to include fee for service, health
maintenance organizations, preferred provider
organizations, and other types of private health
insurance and public health care coverage under
which medical services could be provided to the
dependent child(ren).
Spousal support is a legally enforceable obligation
assessed against an individual for the support of a
spouse or former spouse. Federal regulations and
state law require the department to enforce and
collect spousal support under limited conditions.
When a support obligation has already been
established for a spouse or former spouse, either
separately or in the order that established a child
support obligation, the department must enforce,
collect, and distribute the spousal support if the
following conditions are met:
•The child support obligation is being enforced and/
or collected through a IV-D child support case;
•The child(ren)and spouse are living in the same
household; and
•The child support obligation and the spousal
support obligation are owed by the same parent
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to the same custodial parent.
The child support agency does not establish an
order for spousal support. However, the agency
does enforce spousal support obligations under the
conditions stated above.
HOW DO I MAKE A CHILD SUPPORT
PAYMENT?
There are several payment options for parents to
make child support payments, including:
•Payroll deduction (this option must be discussed
with your employer)
•eCheck/bank account debit
•MoneyGram (for cash and PIN-debit card payment)
•Cash – Pay With Cash using PayNearMe
•Check, Money Order and/or cashier’s check –
include Social Security Number AND Case Number
Checks, money orders, and cashier’s checks should
be made payable to MDHS/SDU and include the
responsible parent’s name and child support case
number and can be mailed to:
MDHS/SDU
P.O. Box 23094
Jackson, MS 39225
Visit www.mdhs.ms.gov/child-support/ for more
information about making payments.
HOW IS CHILD SUPPORT PAID TO ME?
It is important that families receive their child support
payments as quickly as possible. Any delay quickly and
seriously threatens a family’s budget. For this reason,
states are required to disburse most payments within
two days of their receipt. Every state has a State
Disbursement Unit (SDU)—a single oce to receive
and send out payments for child support. Electronic
payment provides custodial parties with a safe and
easy method for receiving payments.
Custodial parents can receive support through a
Debit MasterCard or through direct deposit into a
bank account. Each time child support payments are
collected, these funds are electronically deposited
to the debit card. Debit cardholders cannot add any
additional funds to the debit card.
Note: Fees may apply to the Debit Mastercard
depending on how the card is used.
For more information about these payment options
and debit card fees visit:
www.mdhs.ms.gov/child-childsupport/.
WHAT METHODS ARE USED TO COLLECT
CHILD SUPPORT?
There are several methods used to collect and enforce
child support including:
•Income Withholding
-The employer of a parent who owes child support
may withhold support from the employee’s wages.
Most child support orders require “immediate”
income withholding for cash support. “Immediate”
means that the child support payment is withheld
as soon as the court order is entered and sent to
the responsible parent’s income provider. Income
includes, but is not limited to wages, salary,
commission, compensation as an independent
contractor, workers’ compensation, disability
benets (SSA), annuity benets, retirement
benets, and any payments made by any person
or private entity, the federal, state, or local
government.
•Intercepting Unemployment Benets
-A parent who owes child support may have
support withheld from their unemployment
benets.
•Tax Osets
-A parent who owes back child support may be
subject to interception of any refund due from
federal or state taxes. TANF and IV-E foster care
cases must have court ordered arrears, and
the parent must owe at least $150 in past due
support. The parent’s name, current address,
and Social Security number must be veried. If a
person does not receive TANF benets, then the
parent must owe at least $500 in court-ordered
past due support.
•Credit Bureau Reporting
-State law requires that the agency report the
amount that is past due and the name of any
parent who is delinquent in the payment of child
support. Before a parent is reported, he or she
must have a child support order that has remained
unpaid for at least 60 days after the payment is
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due. The parent must be given advanced notice
that he or she is going to be reported to the credit
bureau.
•Liens
-A parent who owes back child support may have
liens placed against their workers compensation
or personal injury claims. A lien is a claim against
real or personal property that can be used to pay
a debt. Liens restrict the property owner’s ability
to transfer property until the debt has been paid.
•Accounts Frozen and Seized
-A parent who owes back child support may have
their account(s) from nancial institutions, such
as banks and credit unions, frozen and seized.
•Passport revocation
-A parent who owes back child support of $2,500
or more will have their passport revoked or
application denied. The parent is given advanced
notice of potential passport revocation or denial
and is given 30 days from the date of the notice to
request an administrative review.
•License Suspension
A parent who owes back child support may have
any state-issued license suspended if one of the
following conditions exists:
-The parent has failed to comply with a subpoena
or warrant relating to paternity or child support
proceedings and the case contains a last known
address for that parent.
-The parent is one or more months behind in
making payments in full for current support and
support arrearage, and the case contains a last
known address for that parent.
-The parent fails to make a child support payment,
and it remains unpaid for at least 30 days after
agreeing to a payment plan.
Note: Before a parent’s license can be initially suspended,
the agency must mail a notice which informs him or her
that if they do not take steps to pay the support, their state-
issued license(s) will be suspended after ninety days. Any
subsequent suspension of the license(s) does not require
this notice if the parent has entered into a delinquent
payment plan that has been approved by order of the court.
One of the following criteria must exist before a
license can be reinstated:
-The parent’s arrears balance(s) is zero
-A stipulated agreement has been entered into
or there must be an agreed judgment date
-The parent has complied with a summons or
warrant (a license can only be reinstated by this
type of compliance if the initial suspension was
due to this specic type of non-compliance, not
non-payment).
-The parent provides proof that he or she has
been recently released from incarceration of
more than 180 days, and the Child Support
sta attorney determined reinstatement is
appropriate.
If a case meets any one of the above listed
criteria, notice will be sent by rst class mail to
each applicable licensing entity, requesting that
the license be immediately reinstated.
• Contempt Action
- A parent who owes back child support may be
taken to court for contempt which could result
in the court ordering the parent to jail if a child
support payment is not made and the parent has
not demonstrated an inability to pay. A contempt
action will not be initiated until other enforcement
remedies have been attempted. The parent
can be conned to jail until he or she pays a set
amount towards the support that is determined
by the court.
WHAT HAPPENS WHEN ONE PARENT
DOES NOT LIVE IN MISSISSIPPI?
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 custodial parent 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.
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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 specic state to exercise
jurisdiction over the child support case.
YOU MAKE A DIFFERENCE!
As you work with the child support program to establish a nancial
partnership in support of your child, remember that not all solutions
to child support problems are within your control. The legal rights of
all parties must be protected. The more you know about Mississippi’s
child support program, the better you will be able to exercise your
rights and responsibilities under the law, and the more successful
you will be in providing support to your child.
NEED MORE INFORMATION?
If you would like more information about the child support program
in Mississippi, check out other resources on our website:
www.mdhs.ms.gov/child-support or you can visit a local oce near
you or call customer service at: 877-882-4916.
