Hurricane Katrina: Legal Issues - Columbus School of Law

Child support
The amount of a child support award is governed by the Mississippi child support guidelines. The guidelines provide
that a noncustodial parent should pay the following percentage of his or her adjusted gross income in support of
children: 14% for one child, 20% for two children, 22% for three children, 24% for four children, and 26% for five or
more children. Miss. Code Ann. § 43-19-101. The Mississippi statute provides that the guidelines are presumptively
correct for persons with an adjusted yearly income between $5000 and $50,000.
To determine the proper amount of support, a court must first identify a payor’s gross income from all sources.
Income may be imputed to a payor who is working at less than full capacity or who conceals or diverts income. The
payor’s gross income is adjusted for taxes, other mandatory deductions, and support for other children. The statutory
percentages are then applied to the adjusted gross income to produce the presumptively correct amount of support. A
court may then deviate below or above that amount based on statutory criteria for deviation. A court may deviate
from the statutory guidelines based on (1) a child’s extraordinary medical, psychological, dental, or educational
expenses; (2) other special needs of the child; (3) shared parenting arrangements; (4) the age of the child; (5)
independent income of the child; (6) spousal support to the custodial parent; (7) total available assets of the parents;
(8) seasonal variations in income or expenses of one or both spouses; and (9) any other adjustment needed to achieve
an equitable result. Miss. Code Ann. § 43-19-103. In addition to the basic support award, a court may order payment
of expenses not considered to be covered by the basic award, including health insurance, out-of-pocket medical
expenses, life insurance, and college expenses. thin the scope of DHS’ representation.
Are FEMA benefits counted as part of income for purposes of child support?
As a general rule, only regular income or payments are included in gross income. One-time or sporadic income or
payments are not. On the other hand, the Mississippi statute provides that income includes “any other payments made
by any person, private entity, federal or state government or any unit of local government.” No Mississippi case was
found addressing whether FEMA benefits are counted as income for purposes of child support.
Are unemployment benefits counted as part of income for purposes of child support?
Yes. The Mississippi guidelines provide that gross income includes workers' compensation, disability, and
unemployment benefits. Miss. Code Ann. § 43-19-101.
Should child support be reduced if a payor has become unemployed or otherwise lost income because of the
disaster?
A court may modify child support if a payor’s income is substantially reduced or the payor loses a job. The income
reduction must be involuntary, must not have been foreseeable at the time of the decree, and must impact the payor’s
ability to meet reasonable needs. A slight decrease in income does not necessarily require an adjustment of support.
Riley v. Riley, 884 So. 2d 791 (Miss. Ct. App. 2004). However, a payor may not unilaterally adjust support; only a
court may order support reduced.
What is the amount of the modified support?
A court’s determination of the proper amount of modified support is governed by the Mississippi child support
guidelines. In most cases, courts order modified support at the level of the guidelines. However, a court may deviate
from the guidelines if the amount under the guidelines is not sufficient to meet the children’s needs, and the court
makes specific findings of fact to that effect.
When does a modification of support become effective?
The effective date of a child support modification depends upon whether the modification increases or decreases the