The Best Laid Plans; What to do When your Child Support Agreement is Not Working

     Circumstances change, especially when it comes to estimating expenses and income when arranging child support.  The payments you receive may not be enough to support your child, or you may not be able to afford your payments.  If there has been a substantial change in the circumstances of the child or the parent, then the proper response may be a child support modification.  For example, Mississippi courts have held that the following events, if unforseen at the time of the last settlement,  may warrant a modification.

  • The increased financial needs of older children
  • Inflation
  • An increase in childs physical or psychological healthcare needs
  • A change in either parents earning capacity
  • Any health issues or special needs of the parents
  • Tax liability of the noncustodial payor

     Generally an increase in child support payed is supported by an increase in parental income or in the cost of raising the child, including the childs decision to attend college.  Decreases in child support payment will be granted for non-voluntary reductions in the payors income, the emancipation of the child, or upon the child chosing to move in with the non-custodial parent.  A modification will not be granted on the basis of new debt, remarriage, or the birth of additional children.

      If you have any questions about your Mississippi or Memphis child support agreement, or if you have been contacted about a child support modification,  please contact the Ferrell Firm. Our Memphis divorce lawyers can help you through the entire child support payment process.

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