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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Mississippi, the law allows courts to consider the earning potential of a parent rather than their actual income when determining child support obligations. This means that if a parent is voluntarily unemployed or underemployed, the court may decide to calculate child support based on what the parent could earn if they were making a full effort to gain employment commensurate with their skills, education, and job opportunities. The court's primary concern is to serve the best interests of the child, and this includes ensuring that the child receives adequate financial support. If a parent is found to be intentionally avoiding higher earnings to reduce child support payments, the court has the discretion to impute income to that parent and order child support payments that reflect their earning potential rather than their actual, lower income.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Mississippi State Code

Mississippi State Code

Child support

unemployment/underemployment

Articles