Mississippi Justice--Grisham's latest project
A little off the beaten trail, my favorite Mississippi author, John Grisham, has a new book hitting the bookshelves--The Appeal. Check out his interview where he talks about writing this latest book as well as writing in general. Mississippi is or was home to some of my favorite authors--Greg Iles, Stephen Ambrose, Shelby Foote, and, of course, William Faulkner.
Child support ordered upheld for man not biological father
According to the article, a New Jersey man and woman married in 1991, separated briefly in 1994, and reconciled in late 1996. In 1997, their second daughter was born. Two years later the couple divorced and the father was ordered to pay child support.
When the child was seven, the father had DNA testing done on the child because the mother "started making statements" he was not the father. The DNA results showed there was 0% chance he was the biological father. When the results were brought to the attention of the court, the court ruled that it was not in the best interest of the child for the paternity issue to be pursued as the man was the only father the child ever knew. The parents were prohibited from discussing the paternity issue with their daughter and the man was ordered to continue paying child support. The judge's ruling was recently upheld by the appellate court.
Hefty fine affirmed against employer for untimely child support payments
In Illinois, you can be fined $100 per days for each child support payment not made timely. And this penalty can be assessed against an employer who fails to withhold and timely pay child support out of an employee's paycheck. According to a recent article, that is exactly what happened to an Illinois employer who failed to withhold and timely pay the child support payments a father owed. The Illinois Supreme Court upheld a child support penalty of $1.2 million dollars against the employer--who just happened to be the father of the man owing the support. The amazing part of the story is that the amount of child support owed was only $12,382.00. Talk about a penalty! I imagine other Illinois employer's will be careful about timely withholding and paying child support payments.
It's all in the middle name
Here is a crazy story out of Tennessee in which the state is pursuing a man for $50,000.00 back child support. The problem is the state has the wrong man. According to the article, Dennis K. Brannon is being sent letters demanding payment of back child support; however, the real dad is Dennis Joe Brannon. You would think a call to the child support office would rectify the matter, but the wrongly accused Brannon said the state requested him to take a DNA test to prove he is not the father. And we wonder why some folks grow tired of the whole process.
Can we learn from Britney?
Up until now, I've stayed away from commenting about Britney Spears and all her sensational behavior following her divorce. However, a recent article shows us that lessons can be learned from her. Check out the article. Hopefully, for the sake of her children and for her own well being, she will seek out professional help and turn her life around.
Mom's will wins over 19 year-old son
An Iowan mother laid down the ground rules when she bought her son a car. Well, two rules. No alcohol in the car and keep the car locked. I guess in an attempt to test Mom's will, the son took only 3 weeks to violate rule #1. Mom, being a Mom, went snooping in the car and found liquor under the seat. So Mom put the following ad in the local newspaper. It is priceless.
"OLDS 1999 Intrigue. Totally uncool parents who obviously don't love teenage son, selling his car. Only driven for three weeks before snoopy mom who needs to get a life found booze under front seat. $3,700/offer. Call meanest mom on the planet."
Here is a story found by renowned Mississippi Clarion Ledger editorial cartoonist, Marshall Ramsey. The story tells of a couple who married in England only to find out that they were twins separated at birth and were required to annul their marriage. Neither were ever told they had a twin, were adopted by separate parents, then met and fell in love as adults.
Here's another article about how the holidays increases the prospect of divorce. Between a focus on relationships or mixing relatives and alcohol, a number of folks come out of the holidays headed for the marriage counselor or divorce court.
But the decree said he was responsible for that bill!
A common misconception among people going through divorce in Mississippi is the responsibility of paying debts following divorce. Here is a classic example: Husband and wife have two cars, both financed through their bank and both of their names are on the loans. During the divorce negotiations, the wife and husband agree to each keep the vehicle they drive and each agrees to pay for their own car. Following the divorce, the wife is very diligent in making timely car payments. Six months after the divorce, she goes to the bank for a loan and is denied because her credit score is too low. Upon checking, she finds that her credit score was lowered because her ex-husband was not making the payments on his car. How can this happen? Didn’t the divorce split the debts? Didn’t her husband agree to pay the debt? Not so fast. She is still financially responsible for the debt because her name is on the loan.
Continue reading "Your credit score following divorce" »
Who pays the attorney in Mississippi divorces?
In general, each party is responsible for paying their own attorney in a Mississippi divorce. However, the chancellor has broad discretion in deciding whether to award attorney fees to one party. The chancellor can award attorneys fees in those instances where the party seeking fees is unable to pay and there is a financial disparity between the two parties. What constitutes an inability to pay is a broad question dependent on the facts of each case.
In those instances where an award of attorney’s fees is justified in a divorce, the 1982 Mississippi Supreme Court decision of McKee v. McKee, 418 So.2d 764 (Miss. 1982) controls. In McKee, the Mississippi Supreme Court held that the trial court shall apply the following factors to determine if attorney fees should be awarded to a party:
Continue reading "Attorney Fees in a Mississippi divorce case—who pays?" »
Mississippi Lt. Governor Phil Bryant and some lawmakers are looking to propose legislation to discourage divorce. According to the Clarion-Ledger, Bryant and other lawmakers debated the issue at a recent meeting prior to the legislative session. While some lawmakers saw the benefit of such legislation, others felt that the government should not be involved in discouraging divorce. Stay tuned for more news as the legislative session begins Tuesday.
New Year brings with it increase in divorce filings
Here is an interesting article which says that the New Year is a time when many couples will make the decision about whether to divorce. The decision to divorce is usually put off during the holidays but resurfaces with the passage of a New Year. If you are contemplating a divorce, make sure you have done your homework. Talk with an attorney to understand your options, read the many articles on preparing for a divorce, including the ones I've posted on this site, and if you are still undecided, seek professional help from a marriage counselor.
Mississippi Grandparents' Visitation Rights do exists.
As a Mississippi divorce attorney, I receive many questions about child custody. A recent e-mail asked about visitation rights for grandparents in Mississippi. When parties divorce in Mississippi, the divorce can impact the relationship grandchildren have with their grandparents. Sometimes the custodial parent does not want the children to see their grandparents or the non-custodial parent jealously protects the time they have with their children and may not share that time as they once did. For those grandparents who have forged a relationship with their grandchildren, it is a hopeless feeling. The problem is how to balance the parents’ rights to rear their children without interference from third parties (including grandparents) against the rights of the grandparents to have a relationship with their grandchildren—an important part of most children’s upbringing. In Mississippi, the legislature balanced those rights when it passed legislation protecting grandparents’ visitation rights in certain situations.
In Mississippi, chapter 16 of Title 93 essentially divides visitation rights for grandparents into two scenarios. Under Mississippi Code, Sec. 93-16-3 (1), a grandparent can petition the court for grandchild visitation if:
the child of the grandparent was not awarded custody; or
the child of the grandparent had his/her parental rights terminated; or
the child of the grandparent had died.
Continue reading "Do Grandparents have visitation rights following a Mississippi divorce?" »
