Family Law

Child Support Payment Modifications during tough economic times

By Robert M. Kisselburgh, Esq.

Don't let the child support payments get behind in Mississippi

Everyone understands these tough economic times. Layoffs are mounting along with unemployment benefit claims. If you are a victim of a layoff, then these times also bring the realization that the child support you are ordered to pay was based on your previous income and you may not be able to afford the payments. The important point is if you can no longer afford your child support payments due to a recent layoff, you need to act now by seeking a modification of the child support from the Court. If you delay, you might find yourself behind in payments and your ex-spouse bringing a contempt action. Further, in Mississippi, once the child support payment is due, it cannot be reduced. Let me give you an example:

Dan lives in Madison, Mississippi and was divorced in Hinds County, Mississippi three years ago. He has two children and is required to pay $600.00 a month in child support. When the child support order was entered, he was making $45,000.00 a year. However, six months ago, Dan was laid off from his job and he has yet to find a new job. His savings ran out three months ago and has not paid child support in three months. He is only living on unemployment benefits. His ex-wife has now filed a Motion for Contempt since Dan is no longer making child support payments. Dan answers the Contempt motion by filing a Motion for Modification.

Since Dan waited to seek a modification in the child support until he was past due, he still owes the three months in back child support. The Chancellor cannot reduce amounts once they become due. The solution to this problem was for Dan to seek a modification once his income was reduced dramatically. If he had, the Chancellor could have reduced his child support payments.

Lesson: Don't wait until the bills are mounting and take action before you get behind.

At the Kisselburgh Law Firm, we represent those who are seeking either to enforce a child support order or those who are seeking a modification. If you find yourself in either situation, contact us online or call us at 601-936-4040 to set up a consultation to discuss your case.

Full post as published by Mississippi Family Law Blog on March 07, 2009 (boomark / email).