How Much Back Child Support is a Felony in Mississippi?
As a parent, paying child support is a crucial responsibility. Failing to do so can have severe consequences, including legal action. In Mississippi, the amount of back child support that can lead to a felony charge is a critical question many parents are eager to answer. In this article, we will delve into the laws surrounding child support in Mississippi and explore the answer to this question.
Child Support Laws in Mississippi
Mississippi law requires both parents to provide financial support to their children. The court determines the amount of child support based on several factors, including:
- The income of both parents
- The needs of the child
- The standard of living the child would have enjoyed if the parents were still together
- The physical and emotional custody arrangement
The court uses a formula to calculate the child support amount, taking into account the income of both parents. The formula is as follows:
- 17% of the non-custodial parent’s income for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 35% for five or more children
Felony Child Support Offenses in Mississippi
Mississippi law considers a significant amount of back child support as a felony offense. According to Mississippi Code § 93-11-65, a person commits the crime of willful failure to pay child support if they:
- Willfully fail to pay the full amount of child support owed for a period of at least 60 days
- Fail to pay the full amount of child support owed for a period of at least 60 days, and the child support debt is equal to or greater than $5,000
What is Considered a Felony Amount of Back Child Support in Mississippi?
So, how much back child support is a felony in Mississippi? The answer is $5,000 or more. If a parent fails to pay the full amount of child support owed and the debt exceeds $5,000, they can be charged with a felony. This means that they could face severe penalties, including:
- Up to 5 years in prison
- A fine of up to $10,000
- Restitution to the custodial parent for the amount of back child support owed
Other Factors that Can Affect Child Support Payments
In addition to the amount of back child support owed, other factors can affect child support payments in Mississippi. These include:
- Criminal history: Parents with a criminal history may face increased penalties for non-payment of child support.
- Non-payment of support for multiple children: If a parent fails to pay child support for multiple children, the amount of back support owed can add up quickly, potentially reaching the felony threshold.
- Non-payment of support over a long period: Parents who fail to pay child support for an extended period may face increased penalties for non-payment.
What to Do if You are Unable to Pay Child Support
If you are having trouble paying child support, it is essential to communicate with the custodial parent and the court. There are several options available to modify child support payments, including:
- Income deductions: The court can order the non-custodial parent’s employer to deduct child support payments from their paycheck.
- Modification of child support payments: The court can modify child support payments based on changes in income or circumstances.
- Payment plans: The court can approve a payment plan to help parents catch up on back child support payments.
Conclusion
In conclusion, $5,000 or more is considered a felony amount of back child support in Mississippi. If you are having trouble paying child support, it is essential to communicate with the custodial parent and the court to explore options for modifying payments or setting up a payment plan. Remember that failure to pay child support can have severe consequences, including legal action and even prison time.
