Legal Question in Family Law in Mississippi
Child Support
If a father is paying child support, as well as BACK child support, but finds the opportunity to take a two-year college course in order to better his income level, can he ''defer'' his child support obligations in order to attend college? He would not be able to work full time and go to school full time at the same time.
2 Answers from Attorneys
Re: Child Support
The father would have to get the agreement of the mother and the court. First, the father will have to first catch up on backdue child support because the doctrine of unclean hands would prevent the court from giving him any relief until he has purged himself of contempt for failure to timely pay child support. Otherwise, if the wife approves, he may avoid her taking him back to court for contempt, but he will continue to accrue a debt for back due child support based on the current rate. If the wife doesn't agree and he doesn't get court approval, he will have a substantial risk of going to jail at the most inconvenient time for his college studies.
Re: Child Support
The father should petition the court to downward modify his support obligation since he will be losing some income. He must get court approval before he start reducing the amount. To do it himself will subject him to incarceration. He must also become fully current on the support before he can ask for a reduction. Of course you could file and as long as you are current the day of court, you'll be o.k.
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