Mississippi Family Law Blog

Mississippi Supreme Court says child support payment not automatically reduced when one child is emancipated

For parents paying child support for two or more children, you may want to review your divorce decree to see if the decree addresses what happens to the child support payment when the oldest child is emancipated. If your decree does not specify how the child support will be reduced, then you might be headed back to court to seek a reduction.

Here is an example: A Madison, Mississippi couple divorce and have two children--18 and 14 years old. Husband agrees to pay $2,000 a month in child support, but nothing is said in the decree as to the amount of child support when the oldest child is emancipated. [If you have a question regarding when a child is emancipated in Mississippi, click here for my previous post on this subject]. The question is when the oldest child is emancipated, does the husband continue to pay $2,000.00 a month in child support even though there is only one child due support or is the amount of child support reduced? Well, if it is not spelled out in the divorce decree, then you will have to go back to Court to seek a modification or get the Court to approve an agreement between you and your ex-spouse.

Continue reading "Father can't reduce child support payments on his own" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Child Support , Legal News

Bookmark:

Virtual affair leads to real-life divorce

A husband in England was recently caught cheating on his wife. The hitch, it was on-line through a virtual game. According to the article, the husband was having "an affair" with another woman on "Second Life" even though they never met in person. In the game, they were actually married. Wife finds out about the virtual affair and files for divorce. You can't make this stuff up.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Divorce , Family Law News

Bookmark:

Gifting those beaten down stocks?

As folks across the country opened up their brokerage statements, one thing was apparent--their stocks are worth less than they were the previous month or year. With the dramatic decline in the stock market, many are holding stocks whose value has declined substantially. What to do? Well, this article in the Wall-Street Journal suggest you might consider gifting those stocks to family members as the tax benefit from the gift is that much greater.

With a new administration taking over the White House, Democrats controlling Congress, and the previous administration's estate and gift tax measures reaching the end of their life cycle, most experts agree we can expect new estate and gift tax policies in 2009. One does not need a crystal ball to suspect the tax savings in the previous legislation will probably erode. The question is how much. So during these trying economic times, the advice in the Wall-Street Journal may be the best route for your battered stocks.

If you are interested in discussing estate planning strategies, call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a consultation.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Estate Planning

Bookmark:

To all those who have served this country and to those who are currently serving either home or abroad, thank you for your service to our country. And a special thanks to those who have made the ultimate sacrifice in giving of their life in defense of this country.

To all others, please take time today to remember our soldiers, sailors, and airman. Through their sacrifices, you and I are able to do what we do today.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Hodgepodge

Bookmark:

All of us can breath a sigh of relief. After today, we have a bit of a reprieve before the television airways are filled again with political advertisements. Today is our day—our day to make our choice known. So whatever you stand for and whomever you support, go to the polls and cast your ballot.

“People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote - a very different thing.”

Go out today and be a part of the majority who make themselves heard. If you are not sure where you are supposed to vote in Mississippi, click here to find your local polling location. You need to know your precinct code. If you do not, contact your County Circuit Clerk.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Hodgepodge

Bookmark:

Some parents will do anything to keep from paying child support

Here is an amazing story about a New York Dad who will do anything to keep from paying child support. Just before the divorce was finalized, he quit his $40,000 a year job and took a 55% pay cut. He claims he quit his job to spend more time with his son, but it doesn’t appear the ploy worked. To date, he owes around $90,000.00 in child support, had his driver’s license suspended, and been jailed twice. Now he has threatened to go on a hunger strike if he is jailed again.

For those who think that voluntarily quitting your job in Mississippi will keep you from paying child support, think again. As the Mississippi Supreme Court has stated, a pre-existing child support obligation cannot be reduced due to the parent’s “voluntary termination of employment.” Bailey v. Bailey, 724 So.2d 335 (Miss. 1998).

For those responsible for paying child support, if you lost your job or had an involuntary pay reduction, you need to go to Court and seek a modification of the child support. But seek the modification now, not after you are behind on child support payments. The judge will be more receptive if you are proactive as opposed to coming to Court after your ex-spouse hauls you before the judge for contempt for failure to pay child support.

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Child Support

Bookmark: