Family Law

Modification of child support payments in Mississippi

By Robert M. Kisselburgh, Esq.

Some parents will do anything to keep from paying child support

Here is an amazing story about a New York Dad who will do anything to keep from paying child support. Just before the divorce was finalized, he quit his $40,000 a year job and took a 55% pay cut. He claims he quit his job to spend more time with his son, but it doesn?t appear the ploy worked. To date, he owes around $90,000.00 in child support, had his driver?s license suspended, and been jailed twice. Now he has threatened to go on a hunger strike if he is jailed again.

For those who think that voluntarily quitting your job in Mississippi will keep you from paying child support, think again. As the Mississippi Supreme Court has stated, a pre-existing child support obligation cannot be reduced due to the parent?s ?voluntary termination of employment.? Bailey v. Bailey, 724 So.2d 335 (Miss. 1998).

For those responsible for paying child support, if you lost your job or had an involuntary pay reduction, you need to go to Court and seek a modification of the child support. But seek the modification now, not after you are behind on child support payments. The judge will be more receptive if you are proactive as opposed to coming to Court after your ex-spouse hauls you before the judge for contempt for failure to pay child support.

Full post as published by Mississippi Family Law Blog on November 03, 2008 (boomark / email).