Child Support

Ex-wife’s “remarrying well” is not a factor in increase in child support

Child support is subject to increase where there has been a “substantial change in circumstances.” When determining whether modification of child support is warranted, the chancery court may consider the factors provided in Adams v. Adams, 467 So. 2d 211, 215 (Miss. 1985) which are, increases in the children’s expenses; a substantial increase in the financial resources of the non-custodial parent; and inflation since the original decree. In the recent case of BEST v. OLIVER, NO. 2019-CA-00271-COA (Decided Feb. 11, 2020) the Mississippi Court of Appeals rejected a father’s argument that the ex-wife’s new husband’s income should be considered in evaluating her budget. The Court held that there is no reason to limit a father’s obligation to support his children just because his ex-wife “marries well.”

https://courts.ms.gov/Images/Opinions/CO142922.pdf

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