Mississippi Family Law Blog

Iowa man jailed in Mississippi for not paying child support

The Mississippi Attorney General's office recently prosecuted a dad who neglected his children by failing to pay child support. Last month, he was sent to prison. Last November, the man plead guilty to felony child desertion, but the Circuit Court Judge gave him an opportunity to pay the child support. He did not, so the Judge sent him to prison for five years. Hopefully, this story will get the attention of some who are behind on child support payments.

If you are currently ordered to pay child support, have got behind, and are unable to pay, you need to get before the Judge to plead your case. Child support payments that have come due cannot be set aside. Rather, the Court can only modify your child support obligations in the future. And you will find that if you have got behind, the Court will work out a schedule for you to pay off the past debts, but you need to get before the Court to have the matter heard. If you ignore it and put it off, then you face the possibility of being prosecuted for child desertion.

Source: Clarion-Ledger

Reported by Mississippi Attorney Robert Kisselburgh

Tennessee law firm sued for using e-mails obtained using spyware

A lawsuit was filed against a Tennessee law firm for $2,000,000 dollars for its alleged use of e-mails in a divorce action. According to the article, the lawsuit claims the ex-wife loaded spyware on her then husband's computer and intercepted e-mails. The e-mails eventually were given to the law firm representing the ex-wife in the divorce and once her husband found out, he sued the law firm for violations of federal and state law.

Let me make a point--just because the software is available for sale does not mean its use is legal. Many times software is sold for one purpose--parents keeping track of their children's activities on a computer--and then is used for another, possibly, illegal activity--spying on someone. When spouses are going through a divorce and one spouse uses that software to intercept e-mails sent by the other spouse to third parties, it usually means you may be violating federal law. Federal and state laws govern the interception of electronic communications and you can find yourself in hot water if you use the software in an illegal manner.

See my previous posts, here and here, on the issue and make sure you consult an attorney before you act. Not only can you face both civil and criminal penalties for illegally intercepting electronic communications, but others who use the data gathered can also face penalties.

At the Kisselburgh Law Firm, we have experience representing clients going through a divorce. Call us at 601-936-4040 or contact us online to set up a consultation if you are contemplating a divorce.