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Miss. Code Ann. § 43-19-103

Criteria for overcoming presumption that guidelines are appropriate

Applied in 40 court decisions — leading case 824 So. 2d 583 - Hensarling v. Hensarling (2002)

Most recently applied in 236 So. 3d 846 - LaCedric D. Gipson v. Stephanie Nicole Jackson (February 2018)

Laws, 1989, ch. 439, § 2; Laws, 2012, ch. 552, § 3, eff from and after passage (approved May 22, 2012.

How often courts cite this section

199020002010201850
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The rebuttable presumption as to the justness or appropriateness of an award or modification of a child support award in this state, based upon the guidelines established by Section 43-19-101, may be overcome by a judicial or administrative body awarding or modifying the child support award by making a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined according to the following criteria:

Extraordinary medical, psychological, educational or dental expenses.

Independent income of the child.

The payment of both child support and spousal support to the obligee.

Seasonal variations in one or both parents’ incomes or expenses.

The age of the child, taking into account the greater needs of older children.

Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.

The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent’s homemaking services.

Total available assets of the obligee, obligor and the child.

Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.

Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.