Calculating child support can be complicated. Unlike some states, Mississippi does not consider the gross income of both parents when calculating child support.
In Mississippi, a court calculates income based on the income of the non-custodial parent only. This is the parent receiving a lower amount of custody or parenting time, although in some situations, child support could still be ordered if parents are sharing custody.
Steps to calculate child support
The first step in calculating child support is to determine the adjusted gross income of the non-custodial parent. This is their gross income minus any required deductions such as taxes, social security contributions or retirement contributions.
The next step is examining any factors that might justify a change in the amount, such as the child’s age, any extraordinary expenses for the child, the assets of both parents and any fluctuations in income.
Calculating a child support amount becomes much more difficult when the non-custodial parent works under the table, meaning the income they receive is not reported on a tax return.
This type of work is usually paid in cash and not documented anywhere, making it hard to prove gross income to use in a child support calculation. When you file for child support, the child support agency will request tax returns or payroll records from the non-custodial parent.
Often, these records will show a smaller amount of income than you know is truly being paid, resulting in a lower amount of child support using the traditional calculations.
To receive an accurate child support calculation, you must prove the under the table wages. Although this is possible, it is often extremely challenging. Here are some strategies that can help.
Imputed income
Imputed income involves a court assigning an income level to a non-custodial parent based on their ability to earn rather than their actual reported earnings.
For example, if the non-custodial parent holds a medical degree but chooses to work as a cashier at a grocery store, the court may impute income in the amount of an average doctor’s salary. The reasoning is the non-custodial parent could likely make more money by choosing to use their educational background and skills to earn more money.
Lifestyle and expenses
Documentation of lifestyle is evidence that can be used to show a non-custodial parent earns more than they claim. Photos of vacations in exotic places, dinners at expensive restaurants or pricey clothing are examples of this type of evidence.
Social media posts can also help demonstrate the non-custodial parent’s ability to pay child support. Posts talking about their job, discussing their income or talking about what they are spending their money could be presented as evidence.
Consider more direct action
If none of these strategies work, more extreme measures might include hiring a private investigator or reporting the under the table income to tax authorities.
Many of these strategies take time and require careful planning and preparation. Your child has a right to support to secure their well-being, so if you are struggling to collect child support from someone you know can pay, there are resources out there to help.