Legal Question in Family Law in Mississippi

I Need an Attorney to Modify A Child Support Order

My best friend is having trouble with a child support order. He is need of an attorney to modify an order his ex wife says. He signed papers agreeing to pay $300.00 per month in child support, but he only makes $1200.00 per month at most. He is a construction worker, and his pay depends on the elements. His ex wife has 2 little girls, one his, one he raised since birth, but not his, and he is not on the birth certificate. When he first signed the papers, he thought he was helping by paying for the child that was not his too, even though only his child's name appears in the divorce papers. Now she is trying to get his child support raised to $400.00 a month. He is already $8800.00 behind and was forced to pay $500.00 to her, $500.00 to her attorney, and filing charges this past week. My friend wants to support his child, but in the state of Mississippi, isn't his ex only entitled to 14% of his gross income? Someone please help. He needs an attorney that is not going to cost him a fortune to modify his order.


Asked on 8/18/03, 7:20 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: I Need an Attorney to Modify A Child Support Order

According to the guidelines, she would be entitled to only 14% of his adjusted gross income. His biggest problem is that the court will not give relief until he purges himself of contempt of the court's order by catching up on his back child support. Since he is in the construction industry, he might try obtaining a release of the $8,000 claim by providing his exwife some sort of home improvement worth an equal amount. Maybe his friends might help him with the improvement. In any case, he might get the court to approve the in-kind support as a substitute before he starts, or he should at least get a written agreement with his ex, to release the claim for his services. Otherwise, he might use a loan to catch up on the back-due child support.

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Answered on 8/18/03, 11:10 am


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