Equal Parenting Time and Child Support Under Mississippi HB 1662
For joint custody with equally shared parenting time, Mississippi courts calculate the guideline award as if each parent were the obligor and order the parent with the higher adjusted gross income to pay the difference, unless a deviation is in the child’s best interest.
What changed
House Bill 1662, approved by the Governor on April 8, 2026, amended Miss. Code § 93-5-24 effective July 1, 2026. It creates a rebuttable presumption in favor of joint custody with equal parenting time, which applies only to initial temporary and initial final custody orders entered after July 1, 2026 and not to modifications of any custody order (HB 1662 as sent to the Governor).
The child support method
To calculate child support for joint custody with equally shared parenting time, unless the court determines a deviation is in the best interest of the child, the court (i) calculates a child support award under the guidelines of section 43-19-101 for each parent as if each parent were the obligor; (ii) subtracts the lesser award from the larger; and (iii) orders the difference paid by the parent with the higher adjusted gross income to the parent with the lower adjusted gross income.
An example
Two children; one parent has an adjusted gross income of $3,917 a month and the other $2,109.
| Step | Monthly amount |
|---|---|
| Award if the higher-income parent were the obligor (20%) | $783 |
| Award if the lower-income parent were the obligor (20%) | $422 |
| Difference, paid by the higher-income parent | $362 |
If the lower-income parent instead had the children as the custodial parent under the standard rule, the higher-income parent would pay $783.
Which cases
The method applies when the court awards joint custody with equally shared parenting time. Where the schedule is not equal, the standard guideline applies and the court may consider a deviation.
What the court can do
The court may deviate from the equal-time method when it determines a deviation is in the best interest of the child, and a court that does not award joint custody with equally shared parenting time must document its reasons for deviating from the presumption.
Questions to bring to an attorney
Ask whether your custody order falls under the equal-time method, and whether a deviation is likely on your facts.
Evidence to gather
Pay records and tax returns for both parents, the parenting time schedule and records of each parent’s other support orders.
Frequently asked questions
When did Mississippi’s equal parenting time law take effect?
July 1, 2026, for initial custody orders entered after that date.
How is child support figured with 50/50 custody in Mississippi?
The award is calculated for each parent as if obligor, and the parent with the higher adjusted gross income pays the difference.
Does the 2026 law change existing Mississippi orders?
The presumption does not apply to modifications of custody orders.
Does equal time end child support in Mississippi?
No. If the parents' adjusted gross incomes differ, the higher-income parent pays the difference.
Can a Mississippi court deviate from the equal-time method?
Yes, when it determines a deviation is in the child's best interest.
Official sources
- Miss. Code 43-19-101: child support award guidelines
- Mississippi HB 1662 (2026), as sent to the Governor: amending Miss. Code 93-5-24
A local family law attorney can review your situation — many offer a free consultation.
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.