Child Support In Mississippi Withholding Order

State:
Mississippi
Control #:
MS-61198
Format:
Word; 
Rich Text
Instant download

Description

The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint for Filiation and Child Support, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances. Available for download in standard format(s). USLF control no. MS-61198

Child support in Mississippi is a legal obligation that ensures financial support for children whose parents are divorced, separated, or unmarried. A withholding order is a legal document that allows the state to deduct child support payments from the noncustodial parent's wages or income. This process helps guarantee timely and consistent financial support for the child. The Child Support Enforcement (CSE) Division of the Mississippi Department of Human Services (MDS) is responsible for enforcing child support obligations. When the custodial parent applies for child support services, the CSE division initiates the process of establishing and enforcing child support orders. There are different types of Child Support Withholding Orders in Mississippi to ensure that child support payments are made regularly and in full. These include: 1. Income Withholding Order: This is the most common type of withholding order where child support payments are deducted directly from the noncustodial parent's wages or other income sources. The employer must deduct the specified amount and send it to the state's disbursement unit. 2. Lump-Sum Withholding Order: If the noncustodial parent is due to receive a large sum of money, such as a tax refund or an inheritance, a lump-sum withholding order can be issued to collect past due child support payments or arrears. 3. Financial Institution Data Match: This type of order allows the state to intercept funds from the noncustodial parent's bank account(s) to satisfy the child support obligation. The financial institution is required to release the funds to the state upon receipt of the order. 4. Unemployment Compensation Withholding Order: When a noncustodial parent receives unemployment compensation benefits, an order can be issued to withhold a portion of those benefits to cover their child support obligation. 5. Federal Employee Payroll Garnishment: If the noncustodial parent is a federal employee, their child support can be withheld directly from their paycheck through an administrative process that involves their federal employing agency. It is important to note that child support withholding orders are enforceable by law, and penalties may apply for non-compliance. These orders ensure that both parents fulfill their financial responsibilities towards their child, promoting the child's well-being and stability.

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FAQ

Child support's determined by taking the adjusted gross income of the non-custodial parent and multiplying it times the number of children in the custody of the custodial parent. For example, the statute reads that 14% for one child, 20% for two children, 22% for three children, and so on.

In Mississippi for one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income.

Even if the father and mother both agree to ?no child support,? many judges simply will not approve such an order. You should plan on child support being a non-negotiable point with the chancellor, or else having a very good reason why it should be waived in your case.

The age of majority in Mississippi is 21 years old. For child support ordered in other states, the age at which child support ends will vary. Once a child reaches the age of majority, or is emancipated, child support will be terminated, unless it is otherwise provided for in the support judgment.

There are several methods used to collect and enforce child support: Income Withholding-The employer of a noncustodial parent who owes child support may have support withheld from their wages. Unemployment Intercept-A noncustodial parent who owes child support may have support withheld from their unemployment benefits.

More info

Most child support orders require "immediate" income withholding for cash support. Child support is generally paid directly to the recipient parent, or to DHS in cases where that agency has filed an action.The OMB-approved IWO must be issued to employers or other income payers to collect child support. If an employer is ordered to withhold pay from an employee's wages so child support can be paid, there is a maximum amount that can be withheld. The most that can be withheld for child support is 50 percent of the wage earner's aftertax income. SSA can withhold other expenses included in a child support garnishment order. Payments must be submitted to the Division of Child Support within seven working days of the pay date. How Employers Can Facilitate Payments. We send bills to your employer so they know how much child support to withhold (take out) from your paycheck every time you get paid. Under Mississippi state law, parents have a legal responsibility to provide basic financial support to their children.

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Child Support In Mississippi Withholding Order