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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My sister lives in the state of Mississippi, her son which

Customer Question

My sister lives in the state of Mississippi, her son which is 17yrs of age is just now out of school and will not be attending college, since the age of 5 he has lived with his grandparents on his father's side. In there divorce which was about 4 yrs ago she was ordered to pay child support, which is fine but the question is why doesn't the father pay also? Neither one of them more less raised the child the grandparents did, now she is working with a lower paying job so she knows if nothing else she may beable to get it lowered. We have looked on the computer and it states that in that state she will have to pay until the child is 21, he does however work, she has signed papers to the state that he lives with the grandparents so he is on Medicaid. So is there anyway you can help her out on this situation....
Submitted: 7 years ago.
Category: Family Law
Expert:  Jack R. replied 7 years ago.

Without knowing the circumstances at the time of the divorce it is hard to tell why the father isn't paying support. It ius quite possible the the fathers parents did not want child support from their son. It is also possible that the father was originally awarded custody and then lost custody to his parents without a corresponding order to pay support. It may simply be the fact that the fathers side of the family is the custodial guardian.


Whether or not the father is required to pay support will not impact what your sister pays. As you have alluded to, her current circumstances warrant a reduction in child support. To get this done she will need to file for a modification of the support indicating her current reduction in earning capacity and health as the reason. The guidelines indicate that she should be paying 14% of her income.


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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