Part of this Mississippi man's agreement with the court includes a stipulation that he pay $150 per month above his regular child support requirements until he has satisfied his arrearage. So far, it is said that he has paid more than $3,000 toward the child support debt. The seriousness and consequences of failing to pay one's child support has received significant attention recently, and the legal system is clearly taking these cases very seriously.
]]> The interest of children is always precedent in divorce, custody and child support cases. There are various circumstances that may lead individuals to fail to meet child support payments including financial hardship, job loss, illness or injury, etc. If this happens, however, there are ways to address it rather than to simply stop paying.Mississippi residents involved in both sides of child support cases should know that should extenuating circumstances create a hardship in meeting child support payments, there may be ways to modify or rework the arrangement to meet the needs of all parties involved, especially the children. Failing to meet child support obligations may cause the children involved to suffer financially and otherwise, so communicating with the appropriate people when needed and finding amicable solutions is a much wiser means of preventing potential jail time, fines and further hardship for those involved.
Source: NECN, "Miss. man sentenced for not paying child support," May 8, 2012
]]>Divorce may not be fun or easy, and many people may not know how to address difficult and sensitive matters without guidance. But divorce doesn't necessarily have to be grueling and ugly, though the concept of spousal support is particularly vexing for many.
]]> The concept of spousal support, also known as alimony, is that it is used to level the playing field economically in the years following the dissolution of a marriage. When one party to a marriage earns substantially more than the other, spousal maintenance is sometimes ordered temporarily to ensure the lower wage earner has a fair opportunity to transition to a new life financially. However, when the parties have been married a substantial period of time, spousal maintenance may be included for a longer period of time.In the budget-tight economy in which most Americans and Mississippi residents live, the discussions of alimony, spousal support or child support that typically accompany a divorce settlement may be difficult and stressful. These issues are interrelated, and it is helpful to have a working knowledge of the applicable law and procedure in order to achieve an equitable settlement. In that manner, the final judgment can not only resolve current issues but hopefully envision and address problems that may come up after all the paperwork is final.
Source: Fox News Latino, "Dog Whisperer Facing Big Payout in Divorce," April 23, 2012
]]>As a result, one may expect that families with a service member deployed abroad would experience higher rates of divorce, but new research shows that is not necessarily the case. Indeed, despite more than a decade of members of the military being deployed to places like Afghanistan and Iraq, the overall divorce rate for military families has hardly budged. In 2000, the rate stood at 3.7 percent, then fell to 3.1 percent by 2005 before rising again to 3.7 percent last year.
]]> Moreover, compared to their civilian counterparts when controlling for factors such as age, race and education level, military families actually have a lower divorce rate. Although no firm conclusion was reached in the report to explain this finding, the researchers did try to offer some thoughts. For instance, it may be because military families receive substantial assistance in the form of benefits and extra deployment pay. Military members also tend to have more traditional views, and therefore might be more willing to stick it out through difficult times.Of course, sometimes it is necessary for Mississippi residents to end a marriage. For example, personalities can change over time, there could be significant cultural differences between the spouses or there could even be adultery within the marriage. Yet no matter the reason why, divorce offers a way to end a marriage that is no longer satisfactory and allows a person to move on with his or her life.
Source: The News Tribune, "Military marriages show surprising resilience through deployments," Karen Peterson, April 14, 2012
]]>When most people in Mississippi and elsewhere think of divorce, they might think of two spouses going up against one another before a judge. However, in a collaborative divorce, the spouses may never enter a courtroom at all. Instead, they work with a team of people that guides them through all the steps of the divorce.
]]> For example, one of the more contentious issues in a divorce can be that of child custody. Although this is not always the case, parents often disagree about who should have custody and what the outlines of that custody arrangement should be. This might be avoided, though, through the use of a child specialist in a collaborative divorce. A child specialist represents the child's best interests, and helps the parents come to a decision that benefits all rather than leaving that decision in the hands of a judge.A collaborative divorce may also involve financial analysts who can help with matters like alimony payments and property division. Overall, though, it is about getting the spouses together to decide how to end the marriage in a way that is fair and agreeable. By avoiding the courtroom, a collaborative divorce may be less expensive and less stressful. Of course, sometimes the spouses cannot reach an agreement, in which case taking the matter to a judge remains as a viable alternative.
Source: NolaVie, "Collaboration a new alternative to divorce court," Renee Peck, April 23, 2012
]]>Klum is requesting that a court award joint legal custody to both her and Seal, but that she have primary physical custody of the children. That would leave Seal with visitation rights only. In his response to Klum's petition, Seal is asking that the couple share physical custody.
]]> Under joint legal custody, the parents typically share in the expenses of raising the child, which may include not only living expenses but educational expenses as well. If Seal is successful in his request, though, then the two would also have joint physical custody.Whatever the ultimate result, both Klum and Seal may benefit from further discussions as they attempt to resolve any disagreements. In cases where there is ultimately no agreement between the parents, including in Mississippi, a judge may do a balancing test when deciding custody. That is, the judge may weigh and balance several factors against one another in order to decide what is in the best interests of the children. It will be interesting to see how Klum and Seal resolve this aspect of their pending divorce.
Source: NY Daily News, "Seal files response to wife Heidi Klum's divorce petition," Nancy Dillon, April 10, 2012
]]>The measure abolishes the state's waiting period and the requirement to get a blood test, and many hope that it will provide a boost to tourism in the state. Although judges can currently decide to waive the requirement, many out-of-state grooms and brides still reportedly struggle to reach their destination in time. Both tourism promoters and circuit clerks have voiced their support of the measure.
]]> However, not everyone is so sure. Some worry that by making marriage easier to obtain, some young couples could rush into something without taking the time to think it over. These concerns, though, appeared to be in the minority as the bill easily passed the legislature.Yet, Mississippi couples entering marriage may still consider taking some precautions. For example, state family law allows couples to sign a prenuptial agreement, which may prove invaluable in the event of a divorce.
A prenuptial agreement can help someone protect his or her own assets, such as family heirlooms, and it can also help couples come to an agreement on many of the most contentious divorce issues beforehand, including issues surrounding child custody and the division of property. Furthermore, in the event of a divorce, any Mississippi resident may benefit from taking the time to review their assets and the assets of their spouse before filing the necessary papers.
Source: The Natchez Democrat, "Wedding bill awaits governor's signature," April 5, 2012
]]>The first thing that Mississippi residents who are going through a divorce should do is get together all their financial records. This involves gathering tax returns, bank records and loan documents. With all the information in one place, it will be easier to project one's income and taxes following a divorce. Undoubtedly, projecting the income one will earn and their expenses post-divorce is essential to understanding their financial position.
]]> This may also help with the division of marital assets, which often proves to be one of the more contentious issues in divorce. A meticulous review of personal finances may be able to help determine whether it makes financial sense to seek the marital residence. Without the income of the other spouse, it may not be possible to pay the mortgage and taxes, much less maintain the property.In order to help further ease the stress of a divorce, a collaborative divorce may be helpful. By working together with the other spouse in negotiating sessions to come to terms with each other, it may be possible to reach an outcome that is best for everyone involved. However, a collaborative divorce is not always feasible in every case. In some divorces, it may be necessary to argue one's position before a Mississippi family law judge, in which case being well-prepared may prove even more valuable.
Source: Pocono Record, "Divorce is also a financial stresser," Erin Baehr, April 1, 2012
]]>In this case, the 43-year-old Mississippi man owes roughly $30,000 in unpaid child support. The George County Sheriff's Department and the Lucedale Police arrested him while he was staying at his father's home. Authorities have specifically charged him with a misdemeanor for failing to meet his financial obligations.
]]> When a noncustodial parent falls behind on child support payments, it can put the well-being of the child or children in jeopardy. However, it is not always true that the non-paying, noncustodial parent is unwilling to pay. Instead, it may be that due to unemployment or some other unforeseen circumstance, a parent is simply unable to pay without placing him or herself in further financial hardship. Yet for those who find themselves in this situation, there may be help available. That is, it may be possible to work with authorities and with the custodial parent to achieve a modification of child support payments that allows noncustodial parent to continue to make the payments and still be able to afford basic necessities.Here, it is not clear what caused the 43-year-old man to fail to pay, much less fall $30,000 behind in back-due child support. Authorities, though, may now be able to begin collecting that payment to go toward the best interests of his child or children. That will hopefully help the custodial parent in this case with her expenses.
Source: The Mississippi Press, "George County man arrested for failure to pay child support," Beverly Tuskan, March 22, 2012
]]>That was the case when one woman discovered that her husband remarried without divorcing her. The two were wed in 2001, but had been living separately since 2009. Her husband subsequently had his name changed and married a second woman in December of last year. He is now facing bigamy charges.
]]> The woman found out about the second marriage through Facebook. After the site recommended that she add her husband's second wife as a friend, she clicked through to the second wife's profile. There, she saw a picture of a wedding cake with her husband and the second woman. Now that he faces a charge of bigamy, he could face up to a year in jail if convicted.Regardless of how the case develops, it may well hold important lessons for Mississippi residents. That is, in a divorce, Facebook can be used both ways. It may be an important evidence-gathering tool that helps to tilt many of the pending issues in a divorce in one's favor. On the other hand, it can be also used against you, perhaps even unfairly by taking messages out of context. For those who are considering or currently in a divorce, it may be worth considering that Facebook is not necessarily private, and that it may be best to delete one's account or remain inactive until the divorce is complete.
Source: ABC News, "Facebook 'Friend' Offer Exposes Man's Other Wife," Manuel Valdes, March 10, 2012
]]>When a couple files for divorce, they may choose either to take the matter to court and have a judge decide many or all of the contested issues, or they can seek the assistance of a divorce mediator. If they choose the latter, then the spouses work out a divorce agreement between themselves that covers many of the issues that they otherwise may have fought over in court. Divorce mediation also tends to be less expensive and far less public than a court battle.
]]> In this case, Humphries is threatening to take Kardashian to court unless she agrees to pay him $7 million. A court battle could put Kardashian in the potentially awkward position of enduring intense scrutiny by the media and public over a divorce trial that could prove ugly. Nonetheless, Kardashian has rejected the demand, and it appears that a prenuptial agreement between the two could bar Humphries from getting anything.If the prenuptial agreement holds up, then that could settle many of the issues that typically arise in a divorce, such as property division and alimony. Here, such an agreement could save Kardashian, who appears to be the wealthier spouse, from paying any money to Humphries. Yet, it is not just celebrities and the wealthy that may benefit from such agreements. Even in a modest divorce in Mississippi and elsewhere, a prenuptial agreement may prove invaluable in protecting family heirlooms and other property one owned before the marriage.
Source: New York Daily News, "Kris Humphries to Kim Kardashian: Give me $7 million or endure a public trial," Aliyah Shahid, March 10, 2012
]]>Although custodial rights regarding a pet are hardly the same as child custody rights, many Mississippi families no doubt have a strong emotional bond with their dog, cat or other pet. Yet like most of the country, pets are regarded as property under Mississippi law, meaning that the law often treats a pet as akin to a piece of furniture. Judges in divorce proceedings, though, are increasingly open to treating pets more like a family member than property.
]]> That has led to some divorce cases settling pet custodial rights in much the same way that child custodial rights have been settled in the past. For example, in one case, a divorcing couple not only worked out custody over their daughter, but also over three dogs, two cats and a parrot. Nonetheless, pet custody may be just one issue among many that may need to be resolved in any divorce.For Mississippi residents thinking about or considering divorce, there are matters like division of property, spousal support and child custody that may not be easily resolved. Furthermore, the divorce itself may be contested. It may thus be helpful to consult with an attorney who is experienced in handling divorce cases so as to secure a favorable result.
Source: USA Today, "Divorce lawyers: Pet custody cases increasing," Feb. 29, 2012
]]>Recently, authorities charged a man from Tupelo, Mississippi, with two counts of felony non-support after he failed to make the required payments to help care for his two children. He recently pleaded guilty to those charges before a Lee County Circuit Judge. The judge in his case handed down a five year suspended sentence on each count.
]]> The suspended sentence means that the 39-year-old man will be given a chance to fulfill his child support obligations, but he could go to jail if he fails to do so. Moreover, the court ordered him to pay $200 per month to the custodial parent in addition to the regular payments. He will need to do this until his $13,000 debt is fully paid.In this case, it appears that the non-custodial parent simply failed to pay. However, had he instead sought a child support modification from the appropriate Mississippi court rather than not paying, he may have been able to avoid the current necessity of paying extra each month. Unfortunately, his past actions may have also put the well-being of his children at risk. For the custodial parent, the resolution of the court case will certainly be welcomed as it means she will be able to better provide for the kids.
Source: WTVA, "Tupelo man is sentenced in felony child support case," Terry Smith, Feb. 21, 2012
]]>Creating a prenuptial agreement allows a couple the opportunity to lay out plans for a potential divorce. Everything from division of property to spousal support can be detailed in the agreement and can make divorce go much more smoothly should it become necessary.
]]> While it's true that not everyone needs a prenup, such as young newlyweds with few assets, others may find them more appealing. If a person has significant assets, such as a family business or an inheritance, a prenup can help protect both. Another reason for a prenup may be if a person is entering into his or her second marriage. If he or she has children from a previous marriage, creating a prenup can help protect finances for them and ease the transition to a new family life.With the divorce rate in the country now at 40 percent, some Mississippi residents may find looking into a prenuptial agreement worthwhile. In fact, a recent survey of divorce lawyers indicated that the use of prenups is on the rise.
As soon-to-be-married couples get ready for their big day, they may want to consider adding a prenup to the preparations. Those considering it may find it helpful to speak with an experienced family law attorney.
Source: NewsNet5, "Is a prenuptial agreement right for you?" Ed Greenberger, Feb. 15, 2012
]]>The president of the American Academy of Matrimonial Lawyers explained that text messages and e-mails from cellphones removes many of the questions and "he said/she said" from divorce disputes, because the transcripts are written documentation of what the person said. Since these types of messages are commonly written at the spur of the moment, they are accurate descriptions of what the person meant to say as well.
]]> The survey also showed that text messages make up the most common form of evidence taken from phones at 62 percent, followed by e-mails at 23 percent. Attorneys also used phone numbers and call histories to find useful evidence. Only one percent indicated that they used GPS and Internet search histories.Cellphone evidence is not always easy to come by. Cheating spouses keep their phones close, and some even resort to taking their phones to the bathroom. If you see this type of obsessive behavior with your spouse, chances are there is something (or someone) on the phone he or she does not want you to see. Whatever it may be, know that the information is discoverable and can be used in court.
Source: MSNBC.COM: "Divorce lawyers see more phone evidence, especially texts," February 10, 2012
]]>"A married couple can decide to split their specific assets and continue their marriage," one attorney said. He also added that there are times when a financial split strengthens a marriage by restoring a balance of power between the couple.
]]> Vanessa's "financial divorce" involves the transfer of significant amounts of assets including $18.8 million in property, among other things. The couple owns a significant amount of real estate and other holdings and it is unclear how these will be divided. The division of illiquid assets is one of the primary complications that can arise in a high net worth divorce and an experienced family law attorney can help individuals through the asset valuation and division process.Bryant marriage appeared to crumble amid continued scandals involving Bryant's extramarital affairs and a sexual assault complaint filed by a teen in 2003. Kobe Bryant attempted to make up for his infidelities over the years by showering Vanessa with presents such as a $4 million ring, but it appears that the continual scandals were too much for her to bear.
Although the pair was seen kissing after a recent basketball game, the property division continues and Vanessa was seen shopping for an apartment in New York.
Source: Los Angeles Times, "Kobe Bryant divorce: Couple divides assets despite kiss photo," Feb. 20, 2012
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