Mississippi Family Law Blog

If my ex's income doubles next year, can I seek a change in child support?

Yes. In Mississippi, there is a test, just like in my previous post about child custody modification, which must be followed to determine this issue. The test requires the moving party to prove:

“that a material change in circumstances has occurred since the entry of the decree, that such change was unforeseeable at the time of the decree, and that the change was not caused by willful or bad faith actions of the moving party’s part.”

Continue reading "Child Support (Part III)—Can a child support order be modified?" »

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Posted In: Child Support , Family Law Basics , Mississippi Family Law Update

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Yes. Although the Mississippi Code states that the child support guidelines are presumed to be reasonable, this presumption can be rebutted if the chancellor makes a specific finding that the application of the guidelines would be unjust or inappropriate. The factors which could justify a deviation from the statutory guidelines are:

• Extraordinary medical, psychological, educational or dental expenses;


• Independent income of the child;


• The payment of both child support and spousal support to custodial parent;


• Seasonal variations in one or both parents' incomes or expenses;


• The age of the child, taking into account the greater needs of older children;


• 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;


• The particular shared parental arrangement, such as where the non-custodial 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 non-custodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services;


• Total available assets of the obligee, obligor and the child; and


• 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.

Continue reading "Child Support (Part II)--Can the Chancellor vary from the statutory child support guidelines?" »

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Posted In: Child Support , Family Law Basics , Mississippi Family Law Update

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Does Mississippi have child support guidelines?

Mississippi, like most other states, has established specific guidelines for child support. According to Mississippi Code Section 43-19-101, if your adjusted gross income is between $5,000 and $50,000 a year, then the non-custodial parent shall pay the following percentage of their adjusted gross income in child support.

Children / Adjusted Gross Income
1 / 14%
2 / 20%
3 / 22%
4 / 24%
5 or more/ 26%

Continue reading "Child Support (Part I)--How much will I have to pay in child support?" »

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Posted In: Child Support , Family Law Basics

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Can the judge change custody after the divorce?

The short answer is it depends. According to Mississippi courts, the test for modifying child custody is that the non-custodial parent must prove by a preponderance of the evidence (more likely than not):

• That a substantial change in circumstances has transpired since issuance of the custody decree;
• That this change adversely affects the child’s welfare; and
• That the child’s best interest mandates a change in custody.

Continue reading "Child Custody (Part III)—What if something changes after the divorce. Can child custody be modified?" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Child Custody & Visitation , Family Law Basics , Mississippi Family Law Update

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Does Dad have a chance of getting custody of his younger children in a Mississippi divorce?

For many years, fathers of younger children were discriminated against by a belief that children of a younger age (“tender years”) were better suited to be cared for by their mother rather than father. Courts regularly awarded custody of younger children to mothers over equally qualified fathers. Fortunately, this doctrine, know as the “tender years doctrine” in Mississippi, has faded some with time.

In a case out of Madison County, the Mississippi Court of Appeals ruled on this issue when a father was granted custody of his two 5 year old boys. The mother, who was living with an alcoholic man who had been arrested several times, argued that the tender years doctrine should have compelled the chancellor to grant her custody of her boys.

Continue reading "Do Mississippi courts favor mothers having custody of younger children?" »

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Posted In: Child Custody & Visitation , Mississippi Family Law Update

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Is the toll booth camera catching unsuspecting spouses?

Two recent articles, one out of Oklahoma and one out of Texas, highlight the fact that some spouses’ whereabouts are being tracked when they go through toll booths. While it makes for nice headlines, most divorces in Mississippi will eventually be agreed to even though they may start out with allegations of fault. However, this type of information could prove costly to the wandering spouse. For those folks in Mississippi, you can breathe easily since there are few toll booth cameras to catch your actions. However, you need to realize that in our age of technology, a video camera is not far away and can easily record your actions without your knowledge. If you are involved in a divorce, you should expect that your actions are being watched by others.

A related issue is whether you can date while you are separated. The simple answer is no. You are married until such time as you are divorced—there is nothing in the middle. If you have separated from your spouse and are involved in a divorce, save yourself the heartache and headache involved in fighting adultery charges—don’t date. If you are unsure of what constitutes adultery, then review my previous post on that issue.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Divorce

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Florist makes man’s life a lot thornier

A Missouri City man is suing 1-800-flowers.com because it faxed his wife a love note and receipt for flowers the man had purchased. The only problem—the love note and flowers were for his girlfriend, not his wife. According to a Houston Chronicle article, the man claims he was involved in an amicable divorce until 1-800-flowers.com sent the note to his wife. Once she realized he had a girlfriend, amicability went right out the window. As a result, the man claims the divorce will cost him a lot more. The suit is pending in Houston federal district court.

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Posted In: Family Law News

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Software making decisions in a divorce?

Technology has now entered the divorce arena at a new level. A recent technology post reports on two Australian researchers who have developed software designed to assist couples in dividing their property in a divorce. However, the software designers admit it does not work well when it comes to issues surrounding the children. In those cases, they must still rely on a family law attorney or mediator to ensure the results are in the best interest of the children.

While the software takes a step in the right direction by attempting to get couples to assign differing levels of importance to property issues and de-emphasize the emotional aspects of property division, I suspect it will not be a commercial blockbuster. What it should remind divorcing couples is that a lot of time and money can be wasted in a divorce arguing over simple property matters. Exercising tips 5 through 7 in my previous post--7 Tips for a Better Divorce—will go a long way towards a less emotional and more satisfying process.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law News , Property Division

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Where to file for divorce?

In Mississippi, the state constitution provides that chancery courts have exclusive jurisdiction to hear matters in divorce and alimony. In order to file for divorce in Mississippi, one of the parties to the divorce must have been a resident of Mississippi for at least six (6) months preceding the filing of the divorce. Miss. Code § 93-5-5. See my previous post for exceptions concerning members of the military. Generally speaking, a person “resides” where they permanently live. Residency usually becomes an issue when a person has recently moved from one place to another and the question is whether they intended to permanently change their residency. But the Mississippi Code prohibits a person from filing for divorce if they moved to Mississippi for the “purpose of securing a divorce.” Miss. Code § 93-5-5

The next question is in which chancery court is the divorce filed? In order to answer this question, you must determine where venue lies. Venue, that is where you file your case, is governed in divorce cases by Mississippi Code § 93-5-11.

Continue reading "Where will my divorce be filed?" »

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Posted In: Divorce , Family Law Basics

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Changing your name in a Mississippi divorce

In Mississippi, you have the right to a name change in a divorce action. If you want to change your name back to your maiden name, let your attorney know so it can be included in the Complaint for Divorce.

When the divorce is granted, the chancellor will sign a final judgment, commonly known as a decree. Although your name is legally changed by the final judgment, you still need to inform certain federal and Mississippi agencies about your change of name. Get some certified copies of the divorce decree and then get ready for some paperwork in order to change your passport, driver’s license, voter registration, and name with the Internal Revenue Service. Don’t forget to change your name with your financial institutions and credit card companies. Here are some helpful links to assist in the process.

Continue reading "Mississippi Name Change--Married or Maiden?" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Divorce , Family Law Basics , Marriage

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Same-sex divorce—not in Mississippi either

A recent newspaper article reported a Rhode Island same-sex couple attempting to seek a divorce even though Rhode Island does not recognize same-sex marriages. The couple was married in a ceremony in Massachusetts and returned to their home in Rhode Island where the marital bliss turned sour within two years. The Rhode Island Supreme Court is set to rule on whether the trial court can grant a divorce without recognizing the validity of the marriage.

In Mississippi, as in many other states, this issue has been answered. Mississippi Code § 93-1-1 (2) states that “any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.” Further, Mississippi Code § 93-1-3 states that “any attempt to evade section 93-1-1 by marrying out of this state and returning to it shall be within the prohibitions of said section.” Therefore, Mississippi is quite clear that if a same-sex couple attempts to marry in another state and return to Mississippi, this state will not recognize the marriage and it will be null and void. As such, no valid marriage—no divorce.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law News

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