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Divorce
Forms |
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Child Support
 Mississippi
divorce laws have determined the percentage of
adjusted gross income that should be awarded for
child support. Those percentages are: One (1)
child 14%, Two children (2) 20%, Three children
(3) 22%, Four children (4) 24% and Five children
(5) or More 26%
During the process of
divorce or application for divorce, separation
or annulment, Mississippi divorce laws mandate
that the courts are required to make rulings that
address the care, custody, maintenance or child
support of the children. These rulings will include
consideration for the needs of the respective
spouses as well as the particular needs of the
primary custodial parent and the needs of any
children. The court has the latitude to change
any interim order, or make it/them permanent,
and may order that any health insurance in effect
be continued until or unless another ruling changes
it. Mississippi calculates child support on a
percentage of gross income, as opposed to net
income. 21 states use net income for their calculation.
Don't be late. Whenever
the court has ordered a party to make periodic
child support or
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maintenance
payments, and if those payments go unpaid for
a period of at least thirty (30) days, the court
may serve the payor with process and will be subject
to a hearing in the case. If
a marriage separation (sometimes referred to as
a marital separation or legal separation) has
been decreed, the court may make such further
orders for the support and maintenance of either
spouse and for the support, maintenance, and education
of minor children, by either spouse, or out of
the property of either spouse, as the court deemed
appropriate.
Mississippi divorce statutes
provide that in cases where a marriage annulment
or marital annulment is sought, and there are
children of the marriage, that those children
be afforded the same rights, protections and parental
financial support, including that the children
are not considered illegitimate offspring of the
parents, that other children of the state receive.
Mississippi operates
the Division of Child Support Enforcement, within
the State’s Department of Human Services. This
office assists families in several ways: (1) collecting
and distributing child support payments, (2) establishing
and enforcing child support orders, (3) location
of non-custodial parents, (4) establishing paternity,
and working with child
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support
programs in other states to facilitate child support
collection. In Mississippi the child support collection
division is called the Central Receipting and Disbursement
Unit. Contact this office by calling 1-800-948-4010
(fax) (601)713-3318 or going to a local office.
Other contact phone numbers include Mississippi
Child Support Laws Customer Service Office at
1-866-461-4095 and the Child Support Automated
Voice Response System at 1-800-434-5437.
This site also has a direct link to Mississippi's
divorce statutes through the state laws drop down,
or or go here.
Are you just starting out with divorce, and
need a blueprint, or guidance, on what to do and
NOT do? Things your attorney may not tell you? Let
a Killer Divorce Attorney and a top Marriage Psychologist show
you exact steps how to become
happily divorced.
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Child Custody
Family courts interpret
Mississippi divorce statutes and make no presumption
in favor of maternal custody. In theory this means
either parent has an equal opportunity to be granted
physical custody. [The reality is that most custody
awards go the mothers (in more than three-fourths
of the cases), although courts are awarding custody
to fathers in greater numbers in recent years].
Child custody
will be awarded according to the best interests
of the child:
Physical and
legal custody to both parents jointly; Physical
custody to both parents jointly and legal custody
to either parent; Legal custody to both parents
jointly and physical custody to either parent;
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Physical
and legal custody to either parent. If
the court finds that both of the parents have
abandoned or deserted a child or that both such
parents are mentally, morally or otherwise unfit
to rear and train the child the court may award
physical and legal custody to:
(1) The person
in whose home the child has been living in a wholesome
and stable environment; or
(2)
Physical and legal child custody to any other
person deemed by the court to be suitable and
able to provide adequate and proper care and guidance
for the child. [Courts in Mississippi presume
that joint custody is in the best interests of
the child unless factors change that presumption].
In making an
order for custody to either parent or to both
parents jointly, the court may require the
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parents
to submit to the court a plan for the implementation
of the child custody order. Joint
custody may be awarded where irreconcilable differences
is the ground for divorce in cases where one or
both both parents make a motion for joint custody.
When a court awards
joint physical and legal custody, the parties
are obligated to exchange information concerning
the health, education and welfare of the minor
child. The court will order that the parties confer
with one another in decision-making, responsibilities
and authority.
Access to records
and information pertaining to a minor child e.g.
medical, dental and school records, will not be
denied to a parent because the parent is not the
child's custodial parent.
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Visitation/Co-Parenting
The
parties have the opportunity to put together a
visitation (parenting) plan which will include
the details of the children staying in the non-custodial's
care. In the event you are able to produce a visitation
schedule with your spouse, you should be certain
to leave nothing
to interpretation. Be as specific as you can including
the right language in your agreement. How is the
decreed custody defined? What are the rights and
responsibilities? Who has legal custody? Which
holiday |
does
the child spend with you? What time and where
may the other
parent pick the child up? What time should the
child be returned home? What is the procedure
to follow if either of you are
running late and won't be there on time? How much
notice should you be given if they are planning
a vacation? How far away may the other spouse
move? What about future partners? Should those
partners stay overnight in front of the children? If
there is no agreement, count on the court to order
a visitation schedule that may include alternate
weekend visitation (3-day weekends included),
mid-week visitation, sharing of the children during
periods of school recess -winter, spring and summer,
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Thanksgiving,
and Christmas with one parent or the other in
alternate years, Father's Day with Father, Mother's
Day with Mother, alternate years on the children's
birthdays, and open communication by phone and
computer.
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies. New
Year's Eve, Easter, Rosh Hashanah and Yom Kippur,
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Alimony/
Maintenance/ Spousal Support
In the course
of a divorce proceeding, the court may award temporary
or permanent spousal alimony. If the parties are
unable to agree on maintenance, the court will
step in and make a spousal award based on the
following considerations: 1. income and expenses
of each spouse; 2. the spouse’s health and
medical
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condition;
3. the spouse’s needs and debt obligations;
4. the custodial award; 5. the ages of the spouse’s;
6. the standard of living while married; 7. tax
consequences; 8. any marital fault or misconduct;
and dissipation of assets. If
you funded a retirement account, the court will
force that retirement account to be divided between
you.
You may realize that we all need some help
processing all this angst.
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The
help can come in the form of friends, relatives
or professionals. If you're not inclined to approach
family or friends, and unwilling to pay for professional
counseling, the next best step would be educating
yourself, through reading. This site has a Bookstore
sponsored by Amazon.com, where you can find
some fabulous books on just about every consideration
surrounding divorce. Spend some time and a few
bucks to help yourself get through this nightmare
in one piece. |
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Grounds
For Divorce
Mississippi law allows
for no-fault divorces, no fault divorces with
contested issues, and fault divorces. The most
common Mississippi petition for divorce is on
the grounds of irreconcilable differences. Joint
agreement by the husband and wife is required,
or when a complaint has been personally served
with process and where the defendant has entered
an appearance by written waiver of process.
There are two ways to
go with respect to how the details of your divorce
will be finalized. You can both agree on the particulars
or a court will impose what it believes satisfies
all involved. Create a written agreement for the
custody and maintenance of your children and the
settlement of any property rights between the
parties. If the court believes it to be adequate
and sufficient, that agreement can be included
in the judgment. Otherwise expect the unexpected.
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You
may, however, agree on irreconcilable difference
being the cause of the end of your marriage but
not be able to agree on custody and maintenance
issues surrounding you and your spouse, and any
children. In this case the court will decide the
disputed issues and allow for the irreconcilable
differences plea. [The court would require consent
by both parties and an acknowledgement that they
agree to allow the court to decide the contested
issues]. All
matters involving custody and maintenance of any
child of the marriage and property rights between
the parties must be resolved before the court
will grant a judgment of divorce.
In a filing for divorce
on the ground of irreconcilable differences, sixty
days must elapse before the case is heard. However,
as stated above, the court can finalize a divorce
if a joint complaint of husband and wife has been
entered, where the
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defendant
has been personally served with process or where
the defendant has entered
an appearance by written waiver of process. [the
defendant agrees to the terms of divorce as presented
to the court].
If the parties do not
agree to get divorced, then one party must seek
the divorce based on one of twelve recognized
grounds.
In divorce proceedings
based on "fault", a dissolution may
be granted on any of the following: 1. Natural
impotency, 2. Adultery, 3. Being sentenced to,
and residing in a penitentiary, 4. Desertion of
the home and family for one year, 5. Habitual
drunkenness, 6. Habitual and excessive drug abuse,
7. Habitual cruel and inhuman treatment, 8. Incurable
insanity [thorough examination required], 9. Bigamy,
10. Pregnancy by another person at the time of
the marriage, if the husband did not know of such
pregnancy, 11. Marriages of certain blood relatives.
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Marriage
Annulment
Marital Annulment
In
Mississippi's divorce laws, a marriage annulment
(sometimes called a marital annulment) declares
a marriage null and void. One
needs to petition the court |
much
like a divorce or separation, and
be able to prove one of more of the acceptable
grounds for annulment have been present in your
marriage. An annulment will be granted for:Fraud
and Duress- you have been cheated, threatened
or forced into a marriage, Mental l
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Illness-
If your spouse has permanent or temporary mental
illness, Impotency- You can file for annulment
if your spouse is impotent, Consanguinity- marital
relations between close relatives, Existence of
a Prior Marriage, and Under Influence of Alcohol
or drugs. |
Marriage
Counseling/
Mediation
No mediation or counseling
is required in Mississippi.
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Legal
Separation/
Marital Separation
Mississippi is one of
six states that doesn't recognize formally legal
separations, marital separations or marriage separations.
Physically, separations occur all the time, and
individuals request temporary |
relief,
but they are still married and
unable to re-marry or do anything one can do once
single. The view is that you are married, or you're
not. There
is, however, Separate Maintenance, in
which the court determines all other issues other
than marital status. The types of issues that
are addressed in a
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custody,
visitation, child support and related matters,
life insurance, health insurance, alimony, use
of the martial domicile, use of personal property
and vehicles, payment of debts and other issues
that parties face while living separate and apart. temporary
order and an order for separate maintenance are
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Waiting
Period
A waiting period of 60
days after filing the joint complaint is required
before a divorce can be granted. |
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Grandparents Rights
A grandparent
may petition the court for visitation of his/her
grandchild after being denied visitation [by a
parent or guardian of the grandchild], and will
be then granted visitation if it can be shown
that the grandparent had established a healthy
relationship with |
the
child and the parent or custodian of the child
unreasonably denied the grandparent visitation
rights with the child; and that visitation rights
of the grandparent with the child would be in
the best interests of the child.
State
Fact Sheets for Grandparents and
Other Relatives Raising Children |
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Divorce
Settlement
You are offered the opportunity
to reach an agreement or divorce settlement with
your spouse as part of your divorce. If you are
unable to reach an agreement on all issues, the
court will decide an appropriate settlement. Mississippi
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recognizes
basic equitable distribution procedures. It requires
parties to provide a written financial disclosure
statement to the other party. This
disclosure should be: 1. A detailed written statement
of actual income and expenses and assets and liabilities.
2. Copies of the preceding year's Federal and
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State
Income Tax returns, or copies of W-2's if the
return has not yet been filed. 3. A general statement
describing employment history and earnings from
the inception of the marriage or from the date
of divorce, whichever is applicable.
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Residency
Requirements
One of the parties must
have been a resident within this state for six
months prior to the filing of the suit. A member
of the armed services stationed and residing in
the state with
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his
spouse is (are) considered residents
of the state provided they were residing within
the state at the time of the separation. [If the
court finds that you moved to Mississippi merely
to file divorce within this state, they may dismiss
the complaint.]
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