Mississippi 2025 Regular Session

Mississippi House Bill HB485 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Denton House Bill 485 AN ACT TO AMEND SECTION 43-19-103, MISSISSIPPI CODE OF 1972, TO REVISE THE FACTORS CONSIDERED FOR AN AWARD OF CHILD SUPPORT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 43-19-103, Mississippi Code of 1972, is amended as follows: 43-19-103. The rebuttable presumption as to the justness or appropriateness of an award or modification of a child support award in this state, based upon the guidelines established by Section 43-19-101, may be overcome by a judicial or administrative body awarding or modifying the child support award by making a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined according to the following criteria: (a) Extraordinary medical, psychological, educational or dental expenses. (b) Independent income of the child. (c) The payment of both child support and spousal support to the obligee. (d) Seasonal variations in one or both parents' incomes or expenses. (e) The age of the child, taking into account the greater needs of older children. (f) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines. (g) The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services. (h) Total available assets of the obligee, obligor and the child. (i) Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee. (j) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. (k) Mental or physical disability of a child, including any child over the age of twenty-one (21), who is incapable of self-support and requires care of the child by the custodial parent. SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
22
33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Judiciary A
88
99 By: Representative Denton
1010
1111 # House Bill 485
1212
1313 AN ACT TO AMEND SECTION 43-19-103, MISSISSIPPI CODE OF 1972, TO REVISE THE FACTORS CONSIDERED FOR AN AWARD OF CHILD SUPPORT; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. Section 43-19-103, Mississippi Code of 1972, is amended as follows:
1818
1919 43-19-103. The rebuttable presumption as to the justness or appropriateness of an award or modification of a child support award in this state, based upon the guidelines established by Section 43-19-101, may be overcome by a judicial or administrative body awarding or modifying the child support award by making a written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined according to the following criteria:
2020
2121 (a) Extraordinary medical, psychological, educational or dental expenses.
2222
2323 (b) Independent income of the child.
2424
2525 (c) The payment of both child support and spousal support to the obligee.
2626
2727 (d) Seasonal variations in one or both parents' incomes or expenses.
2828
2929 (e) The age of the child, taking into account the greater needs of older children.
3030
3131 (f) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
3232
3333 (g) The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services.
3434
3535 (h) Total available assets of the obligee, obligor and the child.
3636
3737 (i) Payment by the obligee of child care expenses in order that the obligee may seek or retain employment, or because of the disability of the obligee.
3838
3939 (j) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
4040
4141 (k) Mental or physical disability of a child, including any child over the age of twenty-one (21), who is incapable of self-support and requires care of the child by the custodial parent.
4242
4343 SECTION 2. This act shall take effect and be in force from and after July 1, 2025.