Family Law

Recession and child support

By Robert M. Kisselburgh, Esq.

Recession in Mississippi impacts child support payments

Here is a common scenario: Husband and wife divorce with two children. At the time of the divorce, husband is making $100,000.00 a year. The couple reaches an agreement on child support based upon the husband's income. However, two years later, the husband loses his job and his new job only pays $50,000 a year. The question is whether he can get his child support reduced given his income is 50% less than what it was when the child support was originally calculated. The short answer is yes.

In Mississippi, child support can be modified if it can be shown that the reduction in income for the spouse paying child support was not voluntary and could not have been anticipated at the time of the original child support order. However, in order to get the child support reduced, the spouse paying child support must file a modification of child support with the Court or get the ex-spouse to agree to the modification and have the Court approve it. In either case, the Court must approve the reduction in child support.

In a recent case, I represented a father who suffered a dramatic reduction in his income. He called me soon after his income was reduced. We filed a Complaint for Modification, had a hearing, and the judge ruled in our favor. While the action was pending, the father continued to pay the previous amounts owed so he was not found in contempt.

Unfortunately, I receive a lot of calls from non-custodial parents who have lost their job or had their pay reduced. In many instances, they have got behind on child support payments. While they can still seek a modification for future amounts owed, the child support already owed cannot be modified.

If you have lost your job or had your pay cut at work and you pay child support, act quickly in seeking a modification. Waiting and missing child support payments will just cost you more money and could result in stiffer penalties from the court.

The Kisselburgh Law Firm represents individuals in Mississippi who are divorcing or involved in child custody and child support modifications. Contact us now at 601-936-4040 to schedule an appointment to discuss your legal rights.

Full post as published by Mississippi Family Law Blog on February 13, 2010 (boomark / email).