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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