What Counts as a Material Change in Circumstances for Child Support in Mississippi

By the FigureMyTax Editorial Team · How we calculate

To modify Mississippi child support you need a material change in circumstances, except in the DHS three-year review, which needs none. A change can start only from the date notice of the petition is given.

What is a material change in circumstances for child support in Mississippi?

The statutes we read do not define it. They say that for a modification outside DHS’s three-year review, proof of a material change in circumstances is necessary (Miss. Code 43-19-34(3)). In practice a parent shows a lasting change since the last order, such as a change in income, in the child’s needs or in parenting arrangements. A short-lived change is unlikely to be enough.

What is the Mississippi DHS three-year review?

Every three years DHS must notify both parents of their right to request a review of an order it enforces under Title IV-D. On either parent’s request, or if there is an assignment, the department, after determining it is appropriate, or either parent may seek an adjustment under the guidelines if the amount of the award differs from what the guidelines would award, taking into account the child’s best interests. No proof of a material change is necessary in that review, and an existing arrearage does not bar it (43-19-34(3)). If the family receives TANF, DHS must conduct the review every three years.

Is there a percentage rule in Mississippi?

Not in the statutes we read. The guidelines are percentages of adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four and 26% for five or more, and they are a rebuttable presumption (43-19-101(1)). The Mississippi child support modification calculator therefore shows the gap and does not give a pass or fail on a percentage.

For example, with an $800 order a guideline amount of $1,000 is 25% higher.

How is Mississippi adjusted gross income figured?

Start with gross income from all potential sources reasonably expected to be available, including wages, self-employment, commissions, investment income, benefits such as workers’ compensation, disability, unemployment, annuity and retirement benefits, alimony and other payments; exclude the income of a new spouse; subtract mandatory taxes, Social Security and non-voluntary retirement and disability contributions and court-ordered support for other children; and divide by twelve (43-19-101(3)).

Can the Mississippi court depart from the guidelines?

Yes, with a written or on-the-record finding that the guidelines would be unjust or inappropriate under the criteria in section 43-19-103, such as extraordinary medical or educational expenses, the child’s own income, seasonal income variations, the child’s age, special needs, shared parenting arrangements and available assets. If adjusted gross income is over $100,000 or under $10,000 the court must make a written finding (43-19-103; 43-19-101(4)).

From what date can the order change?

Any order for the support of minor children is not subject to retroactive modification except from the date notice of the petition to modify has been given to the other party (43-19-34(4)). Every month before notice is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

How does the court split support between two earning parents?

Where both parents have separate incomes or estates, the court may require each to contribute in proportion to relative financial ability (93-11-65(2)). Bring both parents’ income documents.

What happens next?

Read how to modify child support in Mississippi for the filing steps, and check what stays owed with the Mississippi arrears calculator.

Frequently asked questions

Official sources

• Miss. Code 43-19-34: review and modification; no retroactive modification
• Miss. Code 43-19-101: child support award guidelines
• Miss. Code 43-19-103: criteria for deviating from the guidelines
• Miss. Code 93-11-65: support of minor children; emancipation
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Mississippi statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Mississippi attorney.