Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

What is your state's statute of limitations for the collection of past-due support? General seven year statute, which begins to run when the child reaches the age of majority. However, if the support is based upon an out-of-state judgment and the obligor lives in Mississippi, the statute of limitations is three years.

Know the Law: Modification Requires a Material Change in Circumstances. Mississippi allows for post-judgment modifications in family law cases to account for the possibility that life could bring material changes that render the previous agreement/order unfair or inapplicable.

Accounts Frozen and Seized-A noncustodial parent who owes back child support may have their account(s) frozen and seized from financial institutions such as banks and credit unions. License Suspension-A noncustodial who owes back child support may have their license suspended.

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.

The child support amount doesn't automatically change. The child support amount is part of a court order, so changes to the amount must be done by a court order.

Arrearages may not be forgiven by a court. Once accrued, they may only be reduced by the credits set out above.

Seven years is the statute of limitations on retroactive support in Mississippi. It was changed to seven years in 1991. Before that, the limit was only one year. If you have questions about child support, back support, or retroactive support, call The Law Offices of Rusty Williard at (601) 824-9797.

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Mississippi Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support