Wednesday, September 25, 2013

Child Support Deviation

The Mississippi Court of Appeals issued an interesting decision yesterday in Marin v. Stewart located here.  In this case, the Court of Appeals affirmed a chancellor awarding 25% of a noncustodial parent's income as child support which is way above the statutory 14%.  The issue in the case seemed to turn on the fact that the Mother had significant daycare expenses and the Father was able to live with minimal living expenses of his own as he lived with his parents.   I am starting to see more cases where chancellors are deviating from the child support guidelines.  Partly, this is because Mississippi has some of the lowest guidelines in the country.  However, Mississippi also has some of the longest since they exceed to twenty-one (21) and a chancellor has the authority to order college support.  There has been a bill in the legislature for a while to change this up.  Last I heard it was still in committee. 

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