Mississippi Family Law Blog

Warren and Scott County added to list for e-filing in Chancery Court

Madison County, Mississippi Chancery Clerk's office was the first county in Mississippi to offer e-filing and online access to Chancery Court records. It has been a resounding success, in large part due to Chancery Clerk, Arthur Johnston, and his office. Mississippi Supreme Court Chief Justice William Waller, Jr. recently announced the e-filing program would be expanded to Warren County and Scott County Chancery Courts. Hopefully, this service will soon be available in Circuit Courts.

Madison, Mississippi Court holds Dad in contempt for failure to pay child support

A judge in Madison County, Mississippi ruled that a Mobile, Alabama man has until April 12, 2010 to pay back child support of $20,000.00 or face jail time. The case was prosecuted by the Mississippi Attorney General's office. Click here for more information.

Indiana submits bill to collect casino winnings from winners owing child support

Colorado did it and now Indiana is trying to do it. Where is Mississippi in enacting legislation that would require casinos to check a database to see if the winners owe child support? If they owe child support, they don't get the winnings. So why are the casinos fighting this legislation? Simple. They don't want to upset their customers. But it is time to use all available measures to collect child support. The winners in this legislation are the children in need of child support and the taxpayers who financially assist those children not receiving child support. The only loser is the winner of the jackpot. Sorry, you should have kept current on your child support.

I previous spoke about this issue in the Mississippi Business Journal and hope the legislature in Mississippi is listening. Let's get on board with a great idea.

Source: ABC News

Madoff fraud victim sought to set aside divorce settlement

A lawyer who divorced in 2006 and paid his ex-wife $2.7 million of value of his account with Bernard Madoff attempted to set aside the settlement after he realized he lost all the money in the Madoff Ponzi scheme. The attorney argued his ex-wife was unjustly enriched given he never had that money; however, the State Supreme Court in Mahattan disagreed. The article reported there were probably a number of divorces in New York where property settlements were made and the money actually did not exist.

Reported by: Robert M. Kisselburgh, Mississippi Divorce Attorney

Marriages in Texas since 2005 may not be legal

Texas may have itself a big problem. In 2005, it approved a constitutional amendment banning gay marriages. Under the amendment, it states in the first part:

Marriage in this state shall consist only of the union of one man and one woman.

That portion is not the problem. The problem is the second part of the amendment which says:

This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

That's a big problem. If the state does not recognize any "legal status identical or similar to marriage", then how can it recognize a marriage? The Democratic candidate for Attorney General in Texas, Barbara Radnofsky, says the amendment endangers the legal status of all marriage as it "eliminates marriage in Texas" including common-law marriages.

You can be assured this issue will be raised in a divorce proceeding for a couple married in Texas after the amendment went into effect. If the parties were not legally married, due to the constitutional amendment, then no divorce is needed. However, a major problem arises given Texas is a community property state. In Texas, all property acquired during the marriage is presumed to be community unless otherwise proven. So, a couple married after 2005 in Texas and seeking a divorce could argue that there is no community property. No marriage equals no community property. So, the spouses only have separate property and one spouse loses out to the wealthier spouse. Then there is the issue of alimony.

It should be interesting to see how this issue is resolved, but the folks who drafted this constitutional amendment really should have seen this argument arising and done a better job of drafting the amendment.

Source: Fort Worth Star Telegram

Reported by: Robert Kisselburgh, Mississippi Divorce Lawyer

Tennessee woman faces contempt for Facebook "poke"

A 36-year-old Tennessee woman was arrested and charged with violating a protective order that prohibited her from "telephoning, contacting or otherwise communicating with the petitioner." How did she violate the order? It seems she "poked" the other petitioner on Facebook. According to Facebook, if you "poke" someone, they will receive a poke alert on their home page. According to the article, her attorney says she was surprised that a "poke" violated the order. I guess she has a hard time understanding what "contacting" means. It is rather apparent if you "poke" someone on Facebook, you are contacting them. Good luck at her contempt hearing.

Information provided by: Robert Kisselburgh, Mississippi Divorce Attorney

Texas judge declares same-sex marriage ban violates equal protection clause

Texas, just as Mississippi, has a ban on gay marriage. In Texas, voters approved a constitutional amendment banning same-sex marriage and the Texas Family Code also prohibits such unions. However, a Dallas, Texas district court judge found the prohibition violates the equal protection clause to the Constitution and paved the way for two gay men to divorce. The judge held the court "has jurisdiction to hear a suit for divorce filed by person legally married in another jurisdiction." The attorney general said he would appeal the decision. The Texas Supreme Court will most likely reverse this ruling, but you can expect the case to be appealed to the U.S. Supreme Court based on a violation of the 14th Amendment to the U.S. Constitution.

Source: Dallas Morning News

Reported by Robert Kisselburgh, Mississippi Divorce Lawyer

Multimillion dollar lawsuit against divorce attorneys

Susan Stanford, wife of jailed Houston, Texas financier R. Allen Stanford, filed a malpractice lawsuit against her previous divorce attorneys alleging they failed to inform her of a $200 million dollar divorce settlement offer allegedly made in January, 2008. According to the lawsuit filed in Harris County, Texas, Susan filed for divorce from Stanford in 2007 and Allen Stanford's attorney made a verbal settlement offer of $200 million to settle the case. The offer was later withdrawn in February, 2009, at about the same time all the assets of Stanford Financial Group and R. Allen Stanford were frozen by U.S. District Judge David Godbey. Mrs. Stanford alleges that if she became aware of the offer, she would have accepted it. The interesting question is whether Ms. Stanford would have been able to keep any of those assets if she did settle the case given the current SEC action and its attempt to "claw back" the assets associated with Stanford Financial Group.

Stanford Financial Group has a Mississippi connection. Laura Pendergest-Holt, Stanford Financial Group's Chief Investment Officer, and James Davis, CFO of Stanford Financial Group, were both from Baldwyn, Mississippi. In August, James Davis plead guilty to fraud and obstruction of justice charges related to a $7 billion dollar scheme to defraud investors. Pendergest-Holt has pled not guilty to 21 felony counts of fraud, conspiracy and obstruction of justice.

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.

Mississippi divorce set aside for couple representing themselves

A Hinds County, Mississippi couple, each representing themselves, had their divorce set aside by the Mississippi Court of Appeals last week. When the wife originally filed for divorce, she sought a fault-based divorce on grounds of adultery and habitual cruel and inhuman treatment. At trial, the Court denied the wife's fault-based grounds, but gave the parties an opportunity to agree to the divorce. The parties agreed to an irreconcilable divorce by filing a consent for divorce. The Chancellor then divided the marital property. The husband, upset with the division of property, appealed the case.

On appeal, the Mississippi Court of Appeals said the Chancellor erred when she granted the divorce based on irreconcilable differences. The reason was the parties failed to seek to properly withdraw the fault-based grounds for divorce. Under Mississippi law, if the divorce is originally filed as a contested divorce, the parties are required to seek leave of court, and the court must approve, the withdraw of their contest or denial of the fault-based grounds before a divorce can be granted on irreconcilable differences. The parties failed to do so. So the case was reversed and the parties have to start all over.

This case highlights the problem of representing yourself in divorce proceedings. While the parties thought they could probably "save some money" by representing themselves, they are now back to square one AND still married.

If you or a loved one is contemplating a divorce, you need to consult an experienced Mississippi divorce attorney. Contact us online or call the Kisselburgh Law Firm at 601-936-4040 to set up a consultation.

Economy drives down divorces as well as 401K

During these down economic times, people fear opening the mail to look at their 401K balances which are reaching new lows. But less people should fear finding divorce papers in the mail according to a recent article. It seems the economic downturn is also related to a downturn in divorces. And the cause is not more marital harmony, but less money--some people can't afford to get divorced.

When the two largest assets of a marriage, the home and the 401K, are down to new lows and many people are living in homes where they owe more than it is worth, how does an unhappy couple divide their assets. They don't. Rather, if they divide anything it will be debt. So some of these unhappy couples are deciding to live together as opposed to divorcing. Hopefully, we will not see an increase in domestic violence as unhappy couples live together.

If you find yourself in an unhappy relationship and are contemplating divorce, you need to get advice from an experienced divorce attorney. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a consultation to discuss your case and the options you have or click here to get your free copy of the Mississippi Divorce Guide.

Mother in custody after hiding daughter from father for 6 years

It is every divorced parents' nightmare. Your ex-spouse takes your child and does not come back. In 2001, Kostas Lazarides was awarded sole physical custody of his daughter in what was described as a bitter divorce. The two moved from Tennessee to Montana, but returned three years later for the summer. While in Tennessee, Kostas agreed Hope Lazarides, the mother, could keep their daughter during that summer until school started. That was the last time Kostas saw his daughter until he was reunited with her this week after 6 years of separation. The daughter was found in Dallas, Texas living with her mother. According to the article, Hope Lazarides is now facing charges of kidnapping and custodial interference in Tennessee.

Man offers to pay for someone to marry ex-wife

Imagine sitting at your computer and you are browsing the classified ads on Craiglist and suddenly you come across the following ad:

Nice well taken care of ex-wife. Mid 40's. Pretty and loyal. Never smoked and very little drinking. Will make someone a good companion (I know).... Will pay 10K to the man or woman who marries her in a way that stops me from having to pay her alimony.

There's the hitch. The man, trying to end his alimony payments to his ex-wife, is offering to pay a potential suitor to marry his ex-wife. Not being totally callous, the guy actually had some "terms and conditions" for this transaction.

• 1. This transaction offer only valid if she is not aware of it.


• 2. Must treat her good, no abuse tolerated by me.


• 3. This offer is null and void if it is determined to be illegal in any way -- I am not a lawyer.


• 4. The end result must be that I am no longer liable to her for alimony and you make best effort to be good to her.


• 5. This ad is not in any way intended to demean my ex-wife. She is a nice person and is a fine catch for anyone.

OOPS. I think the cat's out of the bag on condition #1. With news of the post hitting newspapers, she or some friends might find out. He might also have a problem with condition #3. At least he did not want to "demean" his ex-wife in any way--what a guy.

In Mississippi, if you are paying alimony to your ex, don't use this tactic to end the alimony. Not only will it fall flat in front of the judge, but you can be assured your ex will not find the humor in being marketed on Craigslist.

Good Morning America wants couples who are contemplating divorce

If you and your spouse are contemplating divorce, but want try to save your marriage, then Good Morning America is looking for you to contact them. Couples chosen will undergo an intense counseling session to save their marriage.

As I have said before, our firm does not promote divorce and hope that all couples will attempt to go through counseling to save their marriage. If you are one of those couples, you can also check out the Mississippi Marriage Help website which provides a list of counselors who specialize in marriage counseling.

Divorce--Facebook style?

In a new twist to the traditional "Dear John" letter, a woman discovered her husband wanted a divorce from his entry in his Facebook account. The woman's friend, according to the article, was looking at the husband's Facebook and saw a message which said he had "ended his marriage." One problem--he had not told his wife. The wife said even after she heard about the message, her husband did not say anything. He is now living with his mother.

It appears the technological age has added a new twist to the divorce arena. First we had the wife ranting on YouTube about how her prenuptial agreement was unfair while complaining of her husband's shortcomings to the public via the Internet airwaves and now this husband posting his divorce intentions for everyone to read before telling his wife he wanted a divorce. What's next??

Word of advice. If you are divorcing your spouse, limit your public comments. Keep off the internet and don't make any videos--neither which will play well before the judge in court.

Mom who bugs Teddy Bear gets sued

A Nebraska woman is being sued by her ex-husband after she placed a listening device in their 4-year-old daughter's teddy bear. Embroiled in a child custody battle, Mom was wanting to get some information to use against ex-husband. Problem is that it is illegal in Nebraska, as well as many other states including Mississippi, to tape a conversation where at least one person has not consented to the recording. According to the article, many of the people whose voices were recorded by the teddy bear, including court personnel, have joined in the lawsuit seeking damages against the Mom, her father, and her former attorneys.

For those involved in divorce or child custody proceedings, proceed with caution if you are thinking about recording your ex-spouse's conversations. There are both state and federal laws which make it illegal to intercept telephone conversations, e-mails, or other electronic messages. Seek the advice of an attorney so you know what the law allows.

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.

Think you have it bad?

A Nigerian man has been ordered to divorce 82 of his 86 wives or face the death penalty. Under the law, he is only entitled to have 4 wives. Amazing. Click here to read this strange story.

Judge finds no humor in YouTube video

In an update to a previous blog about the mad wife who posted a video on YouTube of her ranting about the unfairness of a prenuptial agreement, a New York judge gave the wife a month to vacate the couple's New York apartment and upheld a prenuptial agreement limiting her divorce settlement to $750,000.00.

According to the article, the judge said the wife engaged in a "calculated and callous campaign to embarrass and humiliate her husband and his daughters." As I said in my previous post, the posting of the video was ill-advised and did nothing but infuriate the judge in the process.

Judge overrules father's discipline of 12-year-old

From across the border comes a story out of Quebec (Canada for those rusty in their geography) where a judge overruled a father who sought to prevent his daughter from going on a school trip. According to the article, a divorced father had custody of his 12-year-old daughter. Dad cut off daughter's internet access after she chatted on a website he blocked. She then used a friend's computer to post "inappropriate pictures of herself" to this website. After Dad found out, he told the daughter she couldn't go on a three-day school trip. Not at all happy with the punishment, daughter moves in with Mom. What does Mom do? She says daughter can go on the trip. One problem--the school required the consent of both parents or a court order. Dad refused to give his consent, so Mom and daughter took their case to court.

In an unbelievable ruling, the Judge sided with the mother and daughter, overruling the father's discipline. The father is appealing the ruling and says he refuses to take his daughter back "because he has no authority over her." This is definitely a case of a judge overstepping the boundaries between parenting and judicial oversight of child custody matters. Hopefully, the appellate court will reverse the decision.

Kosciusko man going to jail for not paying child support

A Kosciusko, Mississippi man was sentenced to 10 years in prison and ordered to pay $68,215.87 in back child support. According to the article, he will serve 2 of the 10 years in prison for failing to pay the child support. The Mississippi attorney general's office prosecuted the case. It is good to see Mississippi in the news prosecuting those who fail to uphold their financial responsibilities to their children.

The old saying is that "Hell Hath no Fury like a Woman Scorned." Well, it appears it applies to men as well. In South Carolina, a man is running his own ad campaign against a local politician he claims had an affair with his ex-wife. According to the article, the man was granted a divorce based on charges of adultery between the wife and the politician. It appears the ex-husband is not over the divorce and is ensuring everyone in the community knows about the affair.

Bernie Ebbers' wife files for divorce in Madison County, Mississippi

Bernie Ebbers' wife filed for divorce from her imprisoned husband in Madison County, Mississippi this last week. Ebbers was sent to prison in 2006 after his conviction for securities fraud and conspiracy while head of WorldCom. He is not expected to be released from prison until 2028. According to the Clarion-Ledger article, the couple married in 1999 and Ms. Ebbers still resides in their Bridgewater home in Ridgeland, Mississippi.

YouTube video of wife upset at husband

Tricia Walsh-Smith is now the poster child of what not to do when going through a divorce. Unhappy with how her husband is treating her in the divorce and unhappy with the prenuptial agreement she signed, this wife decided to make a video where she talks about how she is being mistreated, how her sex life with her husband (or lack thereof), and other various complaints. Then she posted the video to YouTube for everyone to see. While it can make fascinating video for our voyeuristic society, it will do little to advance her cause in court. In fact, it will most likely hurt her case.

Maybe she was after her 15 minutes of fame. If so, she definitely got it as the video has been viewed over 150,000 times and stories surrounding the video are everywhere. The Washington Post, Chicago Tribune, Los Angeles Times, CNN, People Magazine, and London Daily Mail have all run stories on the video. However, if she was attempting to help her case, I suspect the judge will be less than pleased with her starring role in her version of the War of the Roses.

Word of advice. Don't make a video lashing out at your ex or soon to be ex--it will not be well received in court.

Internal Revenue Service auditing more returns

Given this is the tax season, we are reminded by a number of news reports that the Internal Revenue Service is stepping up its audits of small businesses and individuals. According to a recent article, one of the areas which gets divorced couples in trouble is the non-reporting of alimony as income as well as those paying child support seeking to deduct those payments from their taxes. As discussed in a previous post, the general rule is recipients of alimony must report it as income and child support payments are neither included as income or as a deduction. However, if you have a question regarding your taxes, consult a tax professional.

Remember, tomorrow is the deadline to either file your return or your request for an extension.

Nacogdoches district clerk arrested

Similar to the case previously reported out of Lauderdale County, Mississippi, a district clerk in Nacogdoches, Texas has been arrested and charged with theft by a public servant. She also resigned her position the same day and apologized for her "wrongdoings." The clerk is accused of taking over $15,000 in child support payments which she is responsible for depositing in the bank. The clerk bonded out and awaits trial.

Good Morning America doing story on men receiving alimony

In a follow-up to my post yesterday about the Wall Street Journal article on men receiving alimony, Good Morning America is now seeking men who are receiving alimony. Here's your chance for 15 minutes of fame. So if you are a man and receiving alimony from your ex-wife, click here for details on contacting GMA.

More women paying their ex-husbands alimony

The Wall Street Journal ran an interesting article this morning about the rise in men receiving alimony. According to the article, the number of men receiving alimony from their former wives rose from 2.4% to 3.6% in a five year period ending 2006. Today, females make more money than their spouses in 33% of all families.

And it also appears the distaste some have for paying alimony crosses gender lines. As one woman said, "I feel financially raped" while another woman said she would spit on the alimony checks she wrote each month to her ex-husband.

Covenant Marriage re-introduced in new Senate amendment

During this legislative session, the idea of a new form of marriage, “covenant marriage,” was introduced. In the “covenant marriage,” the couple agrees to undergo premartial counseling before applying for a marriage license. O.K., not a bad idea so far. But here is the kicker. By entering into a “covenant marriage,” you agree to modify your rights to get divorced.

As currently proposed, if you entered into a covenant marriage and then later chose to divorce, your complaint for divorce must be on file for one year before you can get divorced as opposed to the normal sixty-day waiting period. Further, during this one-year waiting period, you and your spouse are required to attend marriage counseling in an attempt to resurrect your marriage. Again, nothing wrong with marriage counseling as long as both parties believe there is a chance to make their marriage survive. The problem is forcing couples to undergo one-year of marriage counseling before they divorce.

Continue reading "Covenant Marriage not yet dead in Mississippi Legislature" »

Mississippi Mom runs to Hawaii to escape child support obligations

Last night the local NBC affiliate here in Jackson, Mississippi (WLBT) ran a story about a woman who moved to Hawaii in order to escape her child support obligations. The story raises a couple of issues. The first being there are men, as well as women, who neglect their child support obligations. In fact, the story points out that 11% of the people who are behind on child support payments are women. The second point is that despite an order from the Rankin County Chancery Court holding her in contempt, it will be difficult to bring the woman to justice given the costs associated with sending sheriff deputies to Hawaii to arrest her.

Buying her a drink may lead to divorce in Mississippi

A word of caution for those married folks with wandering eyes. Next time you are away on business and the person next to you at the bar becomes friendly, you might think twice about responding. According to a recent article, some spouses are hiring an attractive private investigator in an attempt to seduce an unsuspecting, but disloyal, spouse. In those cases where the P.I. is successful in luring their victim, the matter ends up in divorce court.

In a story out of Florida, a Florida man stopped paying his alimony payments to his ex-wife who is terminally ill with ovarian cancer. According to the story, when she asked him why he stopped paying, he stated, "Aren't you dead yet." To add to the situation, he is over $11,000 behind in his payments. Hopefully, the woman will get her ex-husband in front of a judge quickly and the man can be made to answer for his cold-hearted actions.

Take out the Trash or else!

As a Mississippi Divorce lawyer, I wish more couples gave serious thought to having a prenuptial agreement, especially when it is not the first marriage for both. Unfortunately, many get caught up in the romance of the relationship and fail to look at the realities of marriage. Well, it seems some folks are giving more thought to their marital expectations and entering into prenuptial agreements with "lifestyle clauses."

According to a fellow blogger, "lifestyle clauses" are popping up in many modern prenuptial agreements. Although properly executed prenuptial agreements are enforceable in Mississippi, I'm not sure our courts are willing to enforce some of these "lifestyle clauses." Here are some examples.

Continue reading "Are Prenuptial Agreements going overboard?" »

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.

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.

Ravens fanatic lands in jail

A Baltimore Ravens fan who perched himself on a roof until the Ravens won or the coach was fired got a lot of publicity. Unfortunately for him, one of the people watching the news coverage was his ex-wife who alerted police to the outstanding warrants for his arrest due to non-payment of child support. According to reports, the man, dubbed the "Goof on the Roof", owes over $40,000 in back child support and will now be answering the judge's questions about how he was able to afford Raven memorabilia but unable to pay child support. This man's fifteen minutes of fame will cost him.

Couple Divorces 4 days After Wedding

There is a new show on ABC called Dirty Sexy Money. I happened to watch a bit of it last week as it follows Private Practice, the Grey's Anatomy spin-off (my favorite show). During the show, the rich spoiled daughter got married. Just after the wedding, the new bride walked over to her attorney and asked for a divorce. I sat there thinking this is crazy. Nothing like this happens in real life. Well, I'm wrong.

A couple in Israel are seeking a divorce just 4 days after their wedding. The reason for the divorce, according to the article, is the husband says his new wife refuses to live with his parents and the wife claims the husband promised to rent an apartment so they could live on their own. It also appears that the wife was unhappy with the "cheap" wedding gifts the husband's family gave them. The divorce was granted.

Here is a case where some premarital counseling may have helped or at least opened the eyes of this couple to the realities of marriage and the necessity for communication and compromise.

Two Army colonels face criminal charges over DNA scam

When I served in the military, random drug testing was standard and steps were taken to ensure that someone did not pose as another in an attempt to beat a drug test. But here is a new one. An U.S. Army colonel is accused of posing as his friend to give a DNA sample in a child support dispute.

According to reports, a Virginia woman sued Colonel Carlson for child support and a paternity test was ordered. Instead of Carlson showing up for the test, his friend Colonel Adkins showed up posing as Carlson in hopes of defeating paternity. Now both face criminal charges in addition to the end of their military careers if found guilty.

If the allegations are true, one has to wonder what these two, supposedly intelligent, individuals were thinking. If you are the father of a child, you have a legal obligation, not to mention a moral one, to support your child. Remember, child support is for the child, not the parent. So no matter what your feelings are towards the child's mother, the support is for the child.

NOTE: I had a reader send me an e-mail saying my comments only pointed out the child support obligations of fathers, not mothers. Although the story was about a father allegedly attempting to shirk his responsibilities, it should be reiterated that child support is the responsibility of both parents.

Michael Jordan agrees to $168 million payout

According to recent news reports, Michael Jordan has agreed to pay his wife $168 million in a divorce settlement. The financial settlement would break the previous record for celebrity divorces.

Man unlikely to get father of the year

A Michigan father (using that term loosely) failed in his attempt to get out of paying child support given he did not want the child. He argued that his girlfriend said she was infertile and was also taking birth control as extra protection. After the relationship soured, she informed him she was pregnant. He argued that the mother had the right to chose an abortion (in his words, a choice to disclaim parenthood), so he should have the equal right to disclaim parenthood by not paying child support.

The 6th Circuit Court of Appeals didn't buy his argument and agreed with the lower court which dismissed his claim as meritless. Essentially, Michigan's paternity laws, similar to other states, are gender neutral, placing the obligation of support on both parents. Given it is a gender neutral law, it does not violate the Equal Protection Clause.

For a copy of the decision, click here.

Child support—some avoiding jail, while others get out to work off non-payment

More news today about different states cracking down on parents who fail to pay their child support. In Pittsburgh, a five-day amnesty program expired on Friday allowing parents who had warrants for their arrest for non-payment of child support to come forward, pay the support, and avoid jail time. During the five-day program, over $118,000 in child support was collected according to the article in the Pittsburgh Post-Gazette.

While amnesty was offered in Pennsylvania, Georgia officials were starting a work-release program for those parents jailed for non-payment of child support, according to a recent article out of Savannah.

The non-payment of child support is a difficult situation to generalize. There are many stories of people who do not pay up until such time as they are facing time behind bars while there are others who do not have the means, or limited means, to pay the support orders in place. There are no easy answers, but at least some states are attempting to find workable solutions to the problem.

Mississippi Family Law Blog ranked as a Top Family Law Blog

My blog was recently recognized as one of the Top 30 Family Law Blogs by prenuptialagreements.org, a website dedicated to discussing the benefits of prenuptial agreements. Thanks for the recognition.

If you are planning to get married, take a few moments to look around their website for articles discussing prenuptial agreements. Remember, no one plans to divorce, but it is a reality and everyone should take steps to plan in case of divorce. A prenuptial agreement is a necessary tool in that planning.

Moms also on the run for failing to pay child support

The news is filled with stories of deadbeat dads who fail to pay their child support and are on the run from the law. In a story this week out of Indiana, the focus is on mothers who fail to pay child support and are now running from the law. While Mississippi does not have any mothers in the top ten list of parents who owe child support, you can be assured some are on the payments owed list.

$725,000 a month in alimony

$725,000 a month, or $24,000 a day, in temporary alimony is what you pay when you're a 72-year-old billionaire getting a divorce from your 60-year-old second wife and failed to get a premarital agreement before your marriage. In divorce proceedings which read more like the latest best seller from Jackie Collins, Billionaire Richard Scaife is involved in nasty divorce proceedings with allegations of dog-snatching, assault, and adultery involving a prostitute. Scaife, who is the great nephew of Andrew Mellon (for you history buffs, he is the Mellon who created a financial empire during the Gilded Age), is the beneficiary of various trusts which earn him approximately $45 million a year.

If there ever was a case needing a premarital agreement, this was one. For more details on the divorce proceedings, you can read the article from the Washington Post.

In a divorce, your electronic musings can end up in front of the judge

For some reason, many people believe there is some anonymity when they send an e-mail or post something online. It is amazing what people will put in an e-mail or post on a MySpace or Facebook page. Some of the most damaging evidence I have used in trial were e-mails. For some odd reason people will say things in e-mails they would never say in public. What is bad about e-mails and online postings is that those words are there for others to read. This is especially true in divorce and child custody cases. You can expect that someone will look at your e-mails and your postings to see what you are telling others.

This was confirmed by a recent article in the National Law Journal which stated, "Armed with printouts from site such as Facebook and MySpace, attorneys have used pictures, comments, and connections from these sites as powerful evidence in the courtroom." Listen up--your online postings are not private. They can become evidence either to prove you are doing something you should not be doing or used to attack your credibility when you have denied something. Look at my previous posts on these issues here and here.

Cover your financial bases

Here is an interesting article in the USA Today entitled "Breaking up is hard to do financially." It offers advice for the top 5 financial mistakes couples make when divorcing. For those divorcing in Mississippi, you should discuss this advice with your attorney to ensure you are protected financially.

Mothers favored over fathers in child custody disputes in Mississippi?

Here is an interesting article today from the Clarion Ledger on whether mothers are more likely to get custody of children in a Mississippi divorce. According to the article, biological fathers are the custodial parents in only 3% of the child custody cases in Mississippi. However, the article points out that the overriding standard in Mississippi is what is in the best interest of the child. You can see my previous posts on these issues here, here or here.

New law hopes to increase child support collections

A new law in Maryland hopes to reduce the amount of child support arrearages. Here is the problem. A non-custodial parent is ordered to pay monthly child support. After a year, the parent gets behind in child support payments and the amount owed increases. However, the parent does not have the money to make both the child support payment and pay off the amount owed in back child support. So what happens? Little or nothing is paid on the debt. Maryland is offering a solution and a reprieve to some of its citizens, according to a news report today.

Under the law, if a person makes 12 consecutive monthly court-ordered payments, the arrearages is reduced by fifty percent. If the person makes the payments for 24 months, the balance is reduced to zero. While not everyone qualifies under the new law, this program does seek to offer a solution to the problem of non-payment of child support. Putting the non-custodial parent in jail does little to resolve the situation. Maybe this financial incentive will get more non-custodial parents to make good on their financial obligations and serve as a model for other state legislatures to follow.

Child support collection fee waived for Connecticut custodial parents

In an update to a previous blog I wrote about child support fees being charged to custodial parents receiving child support payments, Connecticut's governor told her state to cancel plans to collect the $25.00 fee from custodial parents receiving child support. The state will pay the federal government directly according to a recent news report.

Again, the question needs to be answered as to why isn't the fee being charged to the non-custodial parents who owe the child support as opposed to custodial parents who are only attempting to collect a court ordered debt. Stay tuned to see if other states follow suit.

Man sets fire to attorney's office

A piece of advice. Don't call the attorney representing your spouse, make threats over the phone to the attorney, and then set the attorney's office on fire. You will end up in jail. That is what a South Carolina man has learned.

In a story out of Columbia, South Carolina, a man involved in a heated divorce called his wife's attorney 28 times with profanity laden threats and set fire to the attorney's law firm after being ordered by the court to pay alimony and attorney's fees. He is now sitting in jail awaiting a trial on charges of arson, burglary, and stalking.

Rendezvous turns sour note

Here’s a new one which brings an old song to life. For those who remember Rupert Holmes' song in the which the man answers the personal ad of a woman who turns out to be his wife and they both realize they like Pina Colades and getting caught in the rain… and live happily ever after. Well, the on-line version didn’t have such a happy ending.

According to a recent report, a Bosnian couple were each secretly chatting online with another person, pouring their hearts out, and having visions of meeting the love of their life. The problem was they finally decided to meet face-to-face. The rendezvous was not a reprise of Sleepless in Seattle with Tom Hanks meeting up with Meg Ryan. Rather, the couple met and realized all along they had been chatting with each other. As opposed to walking away arm and arm, they headed straight to divorce court with each claiming the other was unfaithful.

See, life doesn’t always imitate art, or vice versa.

Think Big Brother is watching, what about your spouse?

Here is another story that will give cheating spouses a sinking feeling in their stomach or will spark an idea for those suspecting their spouse of being unfaithful. According to a recent New York Times article, electronic eavesdropping is on the rise for suspicious spouses. One technology consultant who suspected his wife was cheating on him installed a piece of software (PC Pandora) on her computer. The program took snapshots of her computer screen every 15 seconds and e-mailed them to him. It also records e-mail messages and instant messaging, monitors and records all computer keystrokes, and monitors and records all websites visited. Originally intended as software to monitor children’s computer activities, it is now being used to watch spouses. The software gave the consultant the information he was looking for—his wife was having an affair. A divorce battle ensued. From computer software to GPS tracking devices to hacking into e-mail accounts, suspecting spouses are snooping.

Folks need to understand that if you use a computer or a phone, you are leaving an electronic trail which can easily be followed. Once divorce proceedings begin, the discovery process can allow your spouse to discover e-mails and inspect computer hard drives. Just because you hit the delete button does not mean the data is gone. Many times it is easily recoverable.

If you suspect your spouse is not being faithful in your marriage, you need to seek the advice of an attorney before you put on your cyber-sleuthing hat as there are some federal laws which you must ensure are not violated in attempting to gather electronic information.

Custodial parent says fee for collecting child support unfair

In an story out of Meridian, Mississippi, a mother received a letter from the Mississippi Department of Human Services charging her a $25 fee for collecting child support. Under federal law, the fee is charged when DHS is successful in recovering child support where the custodial parent has not received public assistance.

The fee is nominal in comparison to the taxpayer dollars spent collecting the child support, but the question becomes why the fee is not charged to the non-custodial parent who owed the child support.

Don’t pay your child support in Mississippi—lose your license?

States are attempting to crack down on parents who fail to pay child support. In a story yesterday out of Memphis, the Tennessee Department of Human Services is seeking to revoke the licenses (drivers, professional, hunting and fishing) of more than 14,000 parents who are behind on their child support payments. For those in Mississippi, similar laws are on the books. The majority of these laws came out of a push by Congress to crack down on parents who failed to pay child support. All states have laws which require the suspension of licenses (drivers, professional, occupational, and recreational) if the person does not pay child support as required by law.

Under Mississippi law, all licensing agencies are required to report the names of individuals who hold licenses to the Mississippi Department of Human Services, Division of Child Support Enforcement. If a person holding a license issued by the State of Mississippi becomes delinquent in paying child support, then the State can start suspension proceedings against the individual.

Continue reading "Parents who don’t pay child support BEWARE—Mississippi could revoke your license" »

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.

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.

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.

How does the judge decide who gets the children?

Jackson's Clarion-Ledger recently reported that Mississippi Judge Leslie Southwick’s nomination to the 5th Circuit Court of Appeals is stalled in the U.S. Senate. Opponents of his nomination point to two cases he ruled upon while a member of the Mississippi Court of Appeals. In one of the cases, he upheld a decision to give custody of a child to the father where the mother was bisexual. While such headlines grab attention, it does little to explain the law in Mississippi.

Continue reading "Child Custody (Part II)--What factors are used in determining child custody in Mississippi?" »

Birth mother and sister headed to jail in Mississippi

According to the Jackson Clarion-Ledger, the birth mother and her sister accused of abducting a 5-month-old baby at gunpoint from the soon-to-be adoptive parents are being extradited from North Carolina and should arrive in Itawamba County today. The sisters were two of four persons arrested in last week's kidnapping of the baby from a home north of Mantachie, Mississippi. Two other suspects already surrendered to Mississippi authorities.

The baby was given up for adoption soon after her birth. However, the adoption had not been finalized and the abduction came after the birth mother was unable to get the child back from the soon-to-be adoptive parents. Now she and the others will face charges of kidnapping and armed robbery in addition to federal charges.

McCartney-Mills record setting divorce settlement

Paul McCartney’s divorce battle with Heather Mills is reportedly coming to a close with Ms. Mills scheduled to receive an approximately £50 million settlement, the equivalent of roughly 103 million dollars. The settlement includes an initial payment of £15 million ($30,849,026) followed by annual payments of £2.5 million ($5,156,499) for the next 14 years. If finalized, it will be the largest divorce settlement in Great Britain history.

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Did the “seven year” itch just shrink to three years?

Here comes a study that questions the proverbial “seven year” itch. According to a recent study, the honeymoon in the marriage may be over in only three years. Researchers analyzed a national sample of 9,637 households. They concluded that “typically when marriages end in divorce, half end before seven or so years, and half end after.” The suggestion was many who divorce start feeling less happy about their marriage well before the seven year anniversary.

Another study found that marriages seem to last longer for women who marry later in life. All of these studies may point to the conclusion that couples should spend more time getting to know each other and ensure they are truly compatible so they do not end up in a divorce lawyer’s office within three years of the honeymoon.