Legal Question in Family Law in Mississippi
Can child support be increased?
My son recently came to live with me and therefore child support to his mother stopped (she now pays me child support). I have another child (a daughter) with a different mother who is threatening to take me back to court to increase her child support because I no longer am court ordered to pay child support for my son. The child support for each was based on my income minus court ordered child support for the other child. I explained to her that although I no longer have to pay child support for my son, my expenses for him are more now that he lives with me. Does she have a right to more child support now?
2 Answers from Attorneys
Re: Can child support be increased?
The child's mother has a right to have the amount of child support reviewed. It is up to the Judge applying the guidelines as to any increase in the amount of support.
Re: Can child support be increased?
Your son now living with you constitutes a "material change in circumstances" which would necessitate a judicial review of the overall circumstances to determine whether or not an increase in child support is warranted. Thus, your ex can take you back to court and she may or may not get an increase. It will all depend on the specifics of your case and, of course, the judge.
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