Uncontested divorce with children in Mississippi
What your agreement has to cover
When you have children under 21 together, the judge looks closely at the parenting terms. A complete agreement covers:
- Legal custody. Who makes major decisions about school, health care, and religion. Parents can share this (joint legal custody) or one parent can hold it.
- Physical custody. Where the children live most of the time, or a shared schedule.
- Visitation. A regular schedule plus holidays, birthdays, and summer.
- Child support. The monthly amount, who pays, and how it is paid.
- Health insurance and medical bills. Who carries the coverage and how you split costs it does not pay.
- Tax dependency. Who claims each child on taxes.
- Other expenses. School costs, activities, and, if you choose, college.
Vague terms like "we will work it out" are a common reason judges send agreements back. We write terms clear enough to follow when you are not getting along.
How child support is calculated in Mississippi
Mississippi child support guidelines use a percentage of the paying parent's adjusted gross income (Miss. Code Ann. § 43-19-101). Adjusted gross income is gross income minus taxes, Social Security, required retirement contributions, and certain other items set by statute.
| Number of children | Share of adjusted gross income |
|---|---|
| 1 child | 14% |
| 2 children | 20% |
| 3 children | 22% |
| 4 children | 24% |
| 5 or more children | 26% |
Example: a parent with $3,000 a month in adjusted gross income and two children would pay $600 a month under the guidelines (20% of $3,000).
The guideline amount is presumed correct. Parents can agree to a different amount, but the judge must find a reason the guideline would be unjust or inappropriate, and some judges will not approve a large departure. We explain your options before we draft.
Custody: what judges look for
When parents agree, the judge usually approves the arrangement as long as it serves the children's best interest. Joint custody is allowed when both parents agree (Miss. Code Ann. § 93-5-24). If a judge has concerns about safety or stability, the judge can reject the terms, and the case cannot go forward as uncontested until they are fixed.
When a divorce with children is not a fit for a flat fee
- You disagree about where the children will live or the visitation schedule.
- There is a history of abuse, neglect, or domestic violence.
- A child has special needs that require a detailed support plan you have not settled.
- One parent plans to move out of state with the children.
These cases are quoted separately after a consultation. See the full fit checklist.
Can the custody or support terms change later?
Yes. Custody, visitation, and child support can be modified later if there is a material change in circumstances. Property division generally cannot. Child support in Mississippi generally lasts until the child turns 21, with some exceptions.
Questions about children and divorce
Can we get an uncontested divorce if we have children?
Yes. You and your spouse must agree on custody, visitation, and child support, and put it in writing. The judge reviews those terms and approves them only if they are adequate and protect the children.
How is child support calculated in Mississippi?
Mississippi guidelines set child support as a percentage of the paying parent's adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more (Miss. Code Ann. § 43-19-101). A court can depart from them only with a written finding.
Can we agree to no child support?
You can propose it, but the judge decides. The guideline amount is presumed correct. If your agreement goes below it, the court needs a reason, and it may reject terms that do not serve the children.
Can we agree to joint custody?
Yes. Parents can agree to joint legal custody, joint physical custody, or both. The judge approves the arrangement if it is in the children's best interest (Miss. Code Ann. § 93-5-24).
How long does child support last in Mississippi?
Generally until the child turns 21, with some exceptions, such as a child who marries, joins the military full time, or becomes self-supporting earlier. Your agreement should say what happens at each of those points.
Can a judge reject our custody agreement?
Yes. The chancellor must find the custody and support terms adequate before approving them. That is one reason it helps to have a lawyer draft them. We draft the terms with that standard in mind.
Get help with the parenting terms.
$999 flat attorney fee, plus court filing fees and case expenses. See what is included. You pay nothing until an attorney confirms your case fits.