Wednesday, December 10, 2014
Child Support Credit
Should a parent get credit for the time a child lives with them? The answer is Mississippi is yes, if you provide adequate proof. This was the issue in Wilson v. Stewart that the Mississippi Court of Appeals decided yesterday. A link to the opinion is here. The father apparently made an argument that he was entitled to a credit for the time the minor child lived with him. He apparently produced no evidence of that outside of his testimony best I can tell. The Court noted that "Further, as the noncustodial parent, Jay was required to provide satisfactory evidence to show he was entitled to a credit for the time period Henley lived with him. See Smith v. Smith, 20 So. 3d 670, 674 (¶13) (Miss. 2009).". Since this was apparently the only proof, no credit was given by the trial court or on appeal. I believe that testimony of the parent plus something is needed (i.e. admission of other party, child testimony, documents of some kind, etc.) in light of this case.