PETITION TO MODIFY CHILD SUPPORT
(Miss. Code Ann. §§ 43-19-101 & 43-19-103)
IN THE CHANCERY COURT OF [COUNTY] COUNTY, MISSISSIPPI
DOCKET NO.: [____]
[PETITIONER NAME],
Petitioner,
v.
[RESPONDENT NAME],
Respondent.
I. DOCUMENT HEADER
- Title. Petition to Modify Child Support (the “Petition”).
- Parties. [PETITIONER NAME] (“Petitioner”) and [RESPONDENT NAME] (“Respondent”).
- Recitals. This Petition seeks modification of the Final Judgment of Divorce dated [DATE OF ORIGINAL ORDER] (the “Existing Order”) with respect to support for the minor child(ren) of the parties.
- Effective Date. Upon filing with the Chancery Court of [COUNTY] County, Mississippi.
- Governing Law & Forum. Mississippi family law; exclusive venue and jurisdiction lie in this Court.
II. DEFINITIONS
For purposes of this Petition:
“Adjusted Gross Income” or “AGI” means each party’s annual gross income less statutory deductions pursuant to MISS. CODE ANN. § 43-19-101(3).
“Child Support Guidelines” means the presumptive percentage guidelines contained in MISS. CODE ANN. § 43-19-101.
“Existing Order” has the meaning provided in Section I.3.
“Minor Child(ren)” means:
a. [CHILD NAME], born [DOB];
b. [CHILD NAME], born [DOB]; …
“Substantial and Material Change” means a change in circumstances, unanticipated at the time of the Existing Order, that justifies modification under MISS. CODE ANN. § 43-19-103.
[// GUIDANCE: Add or delete defined terms to reflect the facts of the case.]
III. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue. The parties and the Minor Child(ren) are domiciliaries of [COUNTY] County; this Court has continuing, exclusive jurisdiction pursuant to MISS. CODE ANN. § 93-11-65.
3.2 Existing Support Obligation. Respondent currently pays child support of [$_____] per [WEEK/MONTH] as ordered in the Existing Order.
3.3 Allegations of Substantial and Material Change.
a. Income Variation. Since entry of the Existing Order, Respondent’s AGI has [INCREASED/DECREASED] from [$_] to [$].
b. Petitioner’s Income. Petitioner’s AGI has [INCREASED/DECREASED] from [$] to [$_].
c. Child-Related Expenses. Educational, medical, and extracurricular expenses for the Minor Child(ren) have increased by approximately []% due to [EXPLAIN].
d. Health Insurance. Premiums for dependent health coverage have changed from [$_] to [$___].
3.4 Guideline Calculation. Applying the Child Support Guidelines to Respondent’s current AGI of [$_]:
• Number of children: [1/2/3/4/5+].
• Applicable percentage: [14 / 20 / 22 / 24 / 26]% pursuant to MISS. CODE ANN. § 43-19-101(1).
• Presumptive monthly support: [$___].
3.5 Deviation Factors (If Any). Petitioner alleges that deviation from the Guidelines is [NOT] warranted because [STATE FACTORS; e.g., special needs, shared custody arrangement].
3.6 Requested Modification. Petitioner prays that the Court enter an order (the “Modified Support Order”) requiring Respondent to pay:
a. Base child support of [$_____] per [WEEK/MONTH];
b. Fifty percent (50 %) of unreimbursed medical, dental, orthodontic, and vision expenses;
c. Fifty percent (50 %) of agreed extracurricular and educational expenses;
d. Continued provision or reimbursement of health-insurance premiums for the Minor Child(ren); and
e. All payments to be made via immediate income withholding pursuant to MISS. CODE ANN. § 93-11-101.
IV. REPRESENTATIONS & WARRANTIES
4.1 Full Disclosure. Each party represents that all financial information provided herein and in any attached Uniform Chancery Court Rule 8.05 Financial Statement is complete and accurate.
4.2 Best Interests. Petitioner represents that the requested modification serves the best interests of the Minor Child(ren).
4.3 No Contravention. The relief sought does not contravene any other valid court order.
[// GUIDANCE: Attach the Rule 8.05 Financial Statement for each party.]
V. COVENANTS & REQUIREMENTS
5.1 Continuing Duty to Supplement. The parties shall promptly supplement financial disclosures if any material change occurs before final adjudication.
5.2 Exchange of Documentation. Within ten (10) days of service of this Petition, each party shall exchange:
a. Tax returns for the preceding two years;
b. Four (4) most recent pay stubs or income statements;
c. Documentation of child-related insurance premiums.
5.3 Mediation. The parties shall confer in good faith regarding voluntary resolution and shall, if ordered by the Court, participate in mediation prior to trial.
VI. DEFAULT & REMEDIES
6.1 Contempt. Failure of Respondent to comply with any order entered herein constitutes civil contempt, subjecting Respondent to penalties including incarceration, fines, and attorney’s fees.
6.2 Judgment. Any arrearage shall accrue statutory interest and may be reduced to judgment.
6.3 Income Withholding. An Order/Notice to Withhold Income for Child Support (IWO) shall issue contemporaneously with the Modified Support Order.
VII. RISK ALLOCATION
7.1 Liability Caps. Child support shall not exceed the percentages set forth in MISS. CODE ANN. § 43-19-101(1) as applied to Respondent’s first $100,000 of AGI, absent written findings justifying deviation.
[// GUIDANCE: Mississippi law does not permit contractual indemnification between parents for child support; Section VII is included solely to address the “liability caps” metadata.]
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This proceeding is governed exclusively by Mississippi substantive and procedural law.
8.2 Forum Selection. Any enforcement or modification action shall be filed in the Chancery Court of [COUNTY] County, Mississippi.
8.3 Jury Waiver. No right to jury trial exists in child-support matters.
8.4 Injunctive Relief. The Court may grant wage garnishment and any further equitable relief necessary to enforce its orders.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any modification of the Modified Support Order must be by further order of this Court.
9.2 Severability. If any provision is found unenforceable, the remainder shall remain in full force.
9.3 Integration. The Modified Support Order, once entered, supersedes all prior inconsistent orders regarding child support.
9.4 Confidentiality. Financial affidavits and tax returns shall be sealed and accessible only to the Court, the parties, and their counsel absent further order.
9.5 Electronic Signatures. Pursuant to Miss. R. Civ. P. 11 and the Mississippi Electronic Courts (MEC) system, electronic signatures shall be deemed originals.
X. EXECUTION BLOCK
Respectfully submitted this ___ day of [MONTH], 20__.
[PETITIONER NAME]
Petitioner, Pro Se / By Counsel [NAME, MSB #_]
Address: [_]
Tel.: [_]
Email: [_]
[RESPONDENT NAME]
Respondent (to be served)
VERIFICATION
STATE OF MISSISSIPPI )
COUNTY OF [COUNTY] )
Before me, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, after being duly sworn, stated under oath that (s)he has read the foregoing Petition, that the matters stated therein are true and correct to the best of his/her knowledge, information, and belief, and that this verification is made pursuant to Miss. R. Civ. P. 11.
[PETITIONER NAME]
Sworn to and subscribed before me this ___ day of [MONTH], 20__.
Notary Public
My Commission Expires: ______
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I have this day served a true and correct copy of the foregoing Petition upon counsel for Respondent, [COUNSEL NAME], by [U.S. Mail / MEC electronic filing / personal service] to the following address:
[ADDRESS OR MEC SERVICE LIST]
This the ___ day of [MONTH], 20__.
[PETITIONER OR COUNSEL SIGNATURE]
[// GUIDANCE:
1. Tailor Section III with precise income figures and child data.
2. Attach MEC-formatted Proposed Order and Rule 8.05 Financial Statements as separate pleadings when filing.
3. Confirm county-specific procedural requirements (local rules, parenting class certificates, etc.).]