Child Support Modification After Divorce
In both Mississippi and Tennessee, the courts will consider child support modifications in the case that either party has experienced a substantial and material change in their circumstances.
How do the states define a “substantial and material change?” Mississippi says that if any of the following instances occurs, either the primary residential parent or the alternate residential parent may apply for a child support modification:
– If the child(ren) have significant medical, psychological, educational, or dental expenses.
- If the child(ren) have independent income.
- If there are seasonal variations in either parent’s income or expenses.
- If the child(ren) have special needs that are traditionally met within a family budget but have exceeded the final child support order.
- If the time the child(ren) spends with either parent changes significantly.
- The need to achieve another result that will include a reasonable expense or debt.
Mississippi also takes into consideration the current status of payment of child support, the age of the child(ren), and the total available assets of all involved parties. Also considered a substantial and material change is the birth of new children to either party.
In Tennessee, the following constitutes a “substantial and material” change:
On child support orders established before January 18, 2005:
- There has been at least a 15% change in the gross income of the alternate residential parent, and/or
- There has been a change in the number of children the alternate residential parent is legally responsible for and whom they are actually supporting, and/or
- A child or children receiving support becomes disabled, and/or
- The parties involved enter into an agreed order according to the rules of the state
AND
- There has been at least a 15% change between the current amount of child support and the proposed amount (only if the current amount is $100+ per month & at least $15 if the current amount is less than $100 per month) OR there has been at least a 7.5% change between the current amount of child support and the proposed amount if it is determined that the parent seeking modification’s gross income qualifies them as a low-income provider.
On child support orders established since January 18, 2005:
- There has been at least a 15% change between the current amount of child support and the proposed amount OR if the parent seeking modification’s gross income qualifies them as a low-income provider there has been at least a 7.5% change as above.
We know that the language above can be confusing, hard to read, and complicated – let us help you figure out if your situation qualifies for a modification by calling us at 901-754-1340 for a free half-hour consultation.
Check out the following websites for assistance on your Tennessee or Mississippi child support matter:
- Mississippi Child Support & Other Information
- Mississippi Code – Title 43: Public Welfare, Chapter 19
