Thursday, July 18, 2013

Effect of Relocation on Child Support

I had previously talked about the effect of relocation on custody here.  However, can it affect child support?  Answer seems to be yes to some degree. Take a look at Garcia v. Garcia,   97 So.3d 109 (Miss.App. 2012) located here.  In this cause, the Court of Appeals affirmed a chancellor in declining to increase child support because of the travel expenses the father had in going to see the minor child after a move.  Mississippi Code Section 43-19-103 provides a number of areas where a chancellor may deviate from the child support guidelines when equity dictates.  Deviation criteria is one of the most heavily under litigated areas in family law.  If you have a good reason that sounds fair, it is worth taking a shot under the deviation criteria as the father in Garcia found out.  If you don't ask, the answer is always no. 

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