Bill Text: MS HB1541 | 2010 | Regular Session | Introduced
Bill Title: Child support; court may deviate from guidelines for child care expenses in certain cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1541 Detail]
Download: Mississippi-2010-HB1541-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Blackmon (By Request)
House Bill 1541
AN ACT TO AMEND SECTION 43-19-103, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO DEVIATE FROM CHILD SUPPORT GUIDELINES FOR THE PAYMENT OF CHILD CARE EXPENSES IN CASES WHERE THE OBLIGEE SPOUSE IS EMPLOYED OR DISABLED; 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 spouse of child care expenses for the child in order that the obligee may seek or retain employment or because of the disability of the obligee. In appropriate circumstances, the judicial or administrative body awarding or modifying child support award may require the obligor to pay all or a portion of said child care expenses incurred by 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
