Family Law

Were marriages in Texas after 2005 legal?

Posted on November 19, 2009
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...

More Fathers getting primary custody of their children in divorces

Posted on November 18, 2009
More Fathers get custody of children in divorces In Mississippi, as well as other states, more women are working and becoming the primary breadwinner in the family. One downside some women are finding in working so hard is that their husbands are getting primary custody of the children in a divorce...

Splitting the pots and pans in a divorce

Posted on November 13, 2009
Dividing personal property in a divorce A fellow divorce attorney from South Carolina, Ben Stevens, wrote a nice post about dividing personal property in a divorce. Check it out here.

Mississippi Supreme Court sends case back to Chancellor for a third trial

Posted on November 09, 2009
Lamar County divorce case partially remanded back to Chancellor for third look Sometimes a case just never ends. That has to be the feeling for a divorce case out of Lamar County, Mississippi. Last week, the Mississippi Supreme Court sent the case back to the Chancellor for a third trial...

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Child Support in Mississippi based on Adjusted Gross Income, not Gross Income

Posted on October 28, 2009
Mississippi Court reverses Chancellor for not making deductions before calculating child support The Mississippi Court of Appeals reversed a Jones County Chancellor for failing to make the statutory deductions from the non-custodial parent's gross income before calculating the child support owed...

Casinos collecting child support from winners in Colorado

Posted on October 18, 2009
New law authorizes casinos to collect child support from winners Colorado enacted a new law that requires casinos to do a computer check of any person winning more than $1,200. If they are delinquent, the money goes to the state as opposed to the unhappy gambler...

Facebook poke violates protective order

Posted on October 14, 2009
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...

Texas judge clears way for two gay men to divorce

Posted on October 02, 2009
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...

Susan Stanford files malpractice case against divorce attorneys

Posted on September 27, 2009
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...

Judge awards joint custody of dog

Posted on September 23, 2009
Dog shares time with split owners Here is another story of an expensive custody battle except in this case it was over a dog. A New Jersey couple spent the last three years battling over who gets the dog. $40,000 later, the judge ruled that the couple must share custody...

Mississippi Supreme Court sets the record straight

Posted on September 21, 2009
Mississippi Supreme Court resolves conflicting opinions in irreconcilable divorces Last week, the Mississippi Supreme Court settled a dispute to a technical question in irreconcilable divorce cases. Many times, one party will file for divorce alleging a fault-based ground but also alleging irreconcilable differences as an alternative ground...

Mississippi offering free paternity testing

Posted on September 12, 2009
Is free paternity testing the answer to the problem in Mississippi? Mississippi Department of Human Services is offering free paternity testing in hopes of identifying parents who are not paying child support for their children. Federal funding is paying for the program...

Periodic alimony award reversed by Mississippi Court of Appeals

Posted on September 07, 2009
Alimony award reversed in Mississippi divorce The Mississippi Court of Appeals recently reversed an award of alimony in a divorce case from Neshoba County, Mississippi. In Sellers v. Sellers, the couple had a marital estate valued at $304,230. The wife had a non-marital estate valued at $13,620 while the husband had a non-marital estate of $137,500...

How long do you have to pay child support in Mississippi?

Posted on August 29, 2009
Child Support in Mississippi Mississippi is in the minority of states that requires child support paid until the age of 21 or the child is otherwise emancipated. The question is what is emancipation? Mississippi Code, Section 93-11-65 defines emancipation...

Man jailed in Mississippi for failing to pay child support

Posted on July 08, 2009
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...

Law firm sued for using e-mails obtained in divorce by spyware

Posted on July 07, 2009
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...

Social Security and Divorce

Posted on June 03, 2009
Can I collect Social Security benefits using my ex-spouse's employment history? Typical scenario: Husband and wife have been married for twenty years and they get divorced. For the majority of their married life, husband was the bread winner in the family while the wife was a stay-at-home mom...

Dividing debts in a Mississippi divorce--who is liable?

Posted on April 19, 2009
Liability for marital debts when you divorce in Mississippi In a recent Los Angeles Times article, the author gave some good tips to couples dividing debts during a divorce. The overriding concern and point that should be reiterated is that just because you and your spouse agree that one of you will be responsible for a debt, it does not change the relationship with your creditor...

Husband says ex-wife owes mortgage balloon payment; Court rules otherwise

Posted on April 10, 2009
Understand a divorce property settlement agreement before you sign it This week the Mississippi Court of Appeals sided with a Madison County Chancellor who ruled a husband was responsible for paying a balloon payment on the divorced couple's mortgage...

Mississippi couple's divorce set aside--back to square one

Posted on March 15, 2009
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...

Child Support Payment Modifications during tough economic times

Posted on March 07, 2009
Don't let the child support payments get behind in Mississippi Everyone understands these tough economic times. Layoffs are mounting along with unemployment benefit claims. If you are a victim of a layoff, then these times also bring the realization that the child support you are ordered to pay was based on your previous income and you may not be able to afford the payments...

Divorces down with economy

Posted on March 04, 2009

Kidnapped child found 6 years later in Texas

Posted on February 28, 2009

When pre-martial property becomes marital property

Posted on February 23, 2009
Home bought prior to marriage becomes marital property The Mississippi Court of Appeals recently handed down a decision in a Copiah County, Mississippi divorce case. In this case, the husband lived in a home in the Hazlehurst, Mississippi area prior to marrying his wife...

Alimony--Using Craigslist to get out of paying?

Posted on February 19, 2009
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...

Good Morning America looking for couples contemplating divorce

Posted on February 17, 2009
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...

Mississippi Court of Appeals says no decrease in alimony for Meridian, Mississippi man

Posted on February 13, 2009
Mississippi man seeks reduction in alimony, Court says no. In a Lauderdale County, Mississippi case decided this week by the Mississippi Court of Appeals, the wife was originally awarded $3,250 a month in alimony. Seven years later the trial court reduced the alimony to $2,900 a month...

Facebook entry leads to divorce

Posted on February 07, 2009
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...

Joint Physical Custody in Mississippi does not mean equal custody

Posted on January 30, 2009
Mississippi court holds joint physical custody does not mean equally divided custody In Mississippi, the Court usually awards one parent physical custody while granting liberal visitation to the other. However, in some cases, courts can award the parties joint physical custody...

U.S. Supreme Court says ex-wife gets pension benefits

Posted on January 27, 2009
Unanimous U.S. Supreme Court holds ex-wife entitled to pension benefits In a follow-up to a previous post concerning a dispute between an ex-wife and her daughter over the ex-husband's pension benefits, the U.S. Supreme Court issued a unanimous opinion upholding the Fifth Circuit Court of Appeals' decision giving the benefits to the ex-wife...

Fathering Court--an alternate remedy to jail?

Posted on January 26, 2009
New alternative to jailing those delinquent in child support In Washington D.C., a new program has emerged for those parents behind in child support payments who are without a job. The key is that they want to pay, but do not have the means. The new approach is Fathering Court...

Mississippi man finds out he is not biological father after 19 years of paying child support

Posted on January 24, 2009
Father claims fraud and wants child support money back--Court says no. A Mississippi man who paid child support for 19 years found out he was not the biological father and wanted his money back. In this case out of Sunflower County, Mississippi, the man and woman had a relationship during which time the woman gave birth to a son...

Bugged Bear lands Mom in Court

Posted on January 10, 2009
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...

YouTube video leads to restraining order

Posted on January 08, 2009
Restraining order issued against threatening boyfriend Here is one from a kid who has a lot to learn. Boyfriend has child with girlfriend; Boyfriend lives in North Carolina; Girlfriend and child live in Connecticut; Boyfriend makes video on YouTube; Video shows him waving gun and making threats against girlfriend; Girlfriend seeks restraining order based on online threats; Connecticut court grants restraining order...

New Year brings rise in divorce rates

Posted on January 06, 2009
Divorce rates decrease during holidays With the holidays past, now is the time for New Year's resolutions. For some that resolution is divorce, according to a recent article. Divorce rates drop during the holidays, but rise again as the holiday cheer fades away in January...

Man ordered to pay child support kills child

Posted on January 04, 2009
New Orleans man kills son rather than pay child support The Clarion-Ledger reported today that a New Orleans man killed his two-year-old son after he was ordered to pay $4,000.00 in back child support. The man had earlier threatened to kill his children and ex-wife...

Texas teens must take parenting class

Posted on December 12, 2008
Teens in Texas must take parenting class With teen pregnancy a real problem in our society, Texas decided to require high school students in public schools to take a class on parenting and paternity awareness. The class, according to the article, will teach teenagers to calculate child support payments as well as the cost associated with raising a baby...

Mississippi man receives two life sentences for killings following custody dispute

Posted on December 05, 2008
Rankin County grandfather gets two life sentences after killings over child custody dispute A Rankin County, Mississippi man pled guilty to shooting and killing his step-daughter and her husband during a child-custody dispute. The judge sentenced him to two life sentences...

Mississippi Supreme Court says Nevada Barr should be punished

Posted on December 03, 2008
Author Nevada Barr could be facing a bit of trouble. In her Jackson, Mississippi divorce case, she admitted lying under oath about an affair. Further, she destroyed a computer after her deposition when her husband's attorney wanted her to produce it...

Payment of children's college expenses not always required

Posted on December 01, 2008
Divorced parents not always required to pay for children's college expenses in Mississippi In a case last week out of Washington County, Mississippi, the Mississippi Supreme Court reversed a decision requiring a father to pay 75% of his son's future college expenses...

Father can't reduce child support payments on his own

Posted on November 28, 2008
Mississippi Supreme Court says child support payment not automatically reduced when one child is emancipated For parents paying child support for two or more children, you may want to review your divorce decree to see if the decree addresses what happens to the child support payment when the oldest child is emancipated...

Husband cheated on Wife--Online

Posted on November 14, 2008
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...

Estate Planning During Bad Economic Times

Posted on November 13, 2008
Gifting those beaten down stocks? As folks across the country opened up their brokerage statements, one thing was apparent--their stocks are worth less than they were the previous month or year. With the dramatic decline in the stock market, many are holding stocks whose value has declined substantially...

Honor our Veterans

Posted on November 11, 2008
To all those who have served this country and to those who are currently serving either home or abroad, thank you for your service to our country. And a special thanks to those who have made the ultimate sacrifice in giving of their life in defense of this country...

VOTE TODAY

Posted on November 04, 2008
All of us can breath a sigh of relief. After today, we have a bit of a reprieve before the television airways are filled again with political advertisements. Today is our day?our day to make our choice known. So whatever you stand for and whomever you support, go to the polls and cast your ballot...

Modification of child support payments in Mississippi

Posted on November 03, 2008
Some parents will do anything to keep from paying child support Here is an amazing story about a New York Dad who will do anything to keep from paying child support. Just before the divorce was finalized, he quit his $40,000 a year job and took a 55% pay cut...

Special Needs Trusts

Posted on October 11, 2008
The Wall Street Journal recently published a good article on special needs trusts, sometimes called supplemental trusts. If you have a child with a disability or special needs, you need to read this article as well as plan your estate appropriately. At the Kisselburgh Law Firm, we can assist you in your estate planning needs, including special needs trusts...

Man claims he was asleep during sex--women later has his child

Posted on October 09, 2008
Reading like a headline out of the National Enquirer, this case out of Canada leaves more questions than provides answers. Here are the facts as related in the story.Man and woman have sex; Woman has baby nine months later; Woman seeks child support from Man who was father; Man countersues claiming he did not consent to the sexual relations; Man claims he was asleep; When he woke up, he found the woman having sex with him; Man immediately "demanded that she cease and desist...

Husband pays alimony in pennies

Posted on September 23, 2008
Judge to Husband--check or jail! An man upset with the judge's ruling awarding his ex-wife $5,000 in lump sum alimony decided to seek some revenge. He delivered the $5,000 in a barrel containing 500,000 pennies. The ex-wife was not amused nor was the judge...

Mediation in a Divorce Case

Posted on September 17, 2008
Divorce can be financially and emotionally draining. Emotions often run high during divorce litigation and these emotions create roadblocks to resolution. The longer a case drags on, the more expensive it becomes. The cost of even a one or two day trial can be staggering...

Standard Visitation in Mississippi divorces

Posted on September 14, 2008
What is standard visitation? Although shared physical custody is occurring more now than in the past, the typical child custody situation following divorce in Mississippi is an order of joint legal custody (decision-making authority) and primary physical custody to one parent with reasonable visitation to the other...

Prenuptial Agreements

Posted on September 11, 2008
Prenuptial Agreements--protecting your assets before divorce Contrary to popular belief, prenuptial agreements aren?t only for the rich and famous. A prenuptial agreement (also called a premarital or antenuptial agreement ? just to make things more confusing!) can be very useful for many couples, especially those who have had time to accumulate any assets at all and for those with children from previous relationships...

Estate Planning after a Second Marriage

Posted on September 08, 2008
It may be time to review your Will Chances are that you have a Will somewhere that you had drawn up when your children were born. Depending on how long ago that was, you should probably dig it out, review it and then talk to an attorney about updating your estate plan to account for your current family situation...

Joint or Shared Physical Custody

Posted on September 05, 2008
Working together for your children--joint or shared physical custody Shared physical custody of children following a divorce has become more prevalent over the last decade. While joint legal custody (which provides joint decision-making authority for the child) is quite often ordered by the courts, joint physical custody is still relatively unusual...

Divorce or be sentenced to Death?

Posted on September 02, 2008
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.

Parental Alienation

Posted on August 31, 2008
Parental Alienation--pitting your child against the other parent Parental alienation ? a hot topic in family law across the nation - is defined as a systematic alienation of a child from one parent, purposely caused by the other parent. A poisoning, if you will, of the child against a parent because of the words and actions of the other...

Newest Addition to our Firm

Posted on August 14, 2008
A week ago, the Kisselburgh Law Firm grew one with the addition of Maggie. Maggie, a 9 week old Golden Retriever, faithfully comes to the office each day and greets visitors as they arrive. Stop by sometime and see the newest and sweetest addition to our law firm...

Are divorce rates tied to stock market declines?

Posted on August 02, 2008
Divorces increase as economy worsens According to a recent article, divorce rates increase as the stock market plunges. While the article offers many explanations, I think the key explanation is that the lack of money during bad economic times highlights problems in an already troubled marriage...

"The Last Lecture" Professor Dies

Posted on July 25, 2008
"The Last Lecture" Professor Dies Randy Pausch, who presented "The Last Lecture" as well as wrote a book by the same name, died from pancreatic cancer at the age of 47. I have talked about Randy on my website and urged folks to watch the video of "The Last Lecture" and read his book...

Judge dresses down mad wife for YouTube video

Posted on July 22, 2008
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...

The high costs of divorce

Posted on July 12, 2008
The Shark pays a hefty sum for divorce According to recently released documents, famed golfer Greg Norman paid $103 million to his former wife to end their marriage. The recent article says the divorce settlement was reached in 2007 but the details were just made public...

Estate Planning and Divorce in Mississippi

Posted on July 08, 2008
When you divorced, did you modify your estate plan? For many couples going through divorce, the focus is on the divorce process and its aftermath. With the wave of emotions involved in the divorce, many forget about their estate plan. Ask yourself some simple questions which apply both during and after the divorce process...

Mississippi Court tells wife no alimony after multi-million dollar property award

Posted on July 03, 2008
No alimony for wife after mulit-million dollar property settlement In a case this week out of Jackson County, Mississippi, the parties, who were married for 33 years, agreed to a divorce and a property settlement which divided the martial estate of just over 5...

Starting over after divorce

Posted on June 24, 2008
Man looks to eBay to start over following divorce According to a recent article, an Australian man is attempting to start fresh following his divorce. He put all of his worldly possessions, plus more, up for sale on eBay. The 44-year-old is selling his car, home, jet ski, friends, hobbies, and job...

Judge goes too far in child custody matter

Posted on June 20, 2008
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...

Man pays alimony to ex-wife turned man

Posted on June 18, 2008
Man paying alimony to ex-wife who underwent sex change operation Here is a bizarre story. A man and woman marry. After a bit of time, the wife starts cutting her hair shorter, gets some tattoos, injects herself with testosterone, voice gets deeper, and she now has to shave her beard...

Divorce through a child's eyes

Posted on June 12, 2008
Child Custody--a child's perspective Child custody is a difficult part of divorce. I've listened to a number of divorced parents talk about the problems they have in getting the ex-spouse to abide by the terms of a divorce decree when it comes to child custody...

Website for divorced women

Posted on June 05, 2008
First Wives World website For divorced women, or women going through divorce, there is another website for you to share your thoughts, whether it be frustration or jubilation, or seek out answers to those lingering questions. First Wives World says it is a "community for, and by, divorced women...

I Want A Divorce

Posted on May 29, 2008
How to tell your spouse you want a divorce The Today Show ran a series on how to tell your spouse you want a divorce. The video is below and contains some useful information. If you are contemplating a divorce, click here to get your free copy of the Mississippi Divorce Guide and call the Kisselburgh Law Firm to see how we can help you through this difficult time...

Memorial Day

Posted on May 26, 2008
Memorial Day--Remembering those who made the ultimate sacrifice On this Memorial Day, we pay tribute to those who made the ultimate sacrifice by providing us the freedom to do what we do. Many brave men and women are not with us today while others are defending us home and abroad...

Condonation?when it is not a defense to divorce in Mississippi?

Posted on May 24, 2008
Cohabitation does not equal condonation Continuing on with our discussion of condonation as a defense to fault-based divorce in Mississippi, some cases have held the defense of condonation does not apply to those continuing offenses such as cruel and inhumane treatment and habitual and excessive drug use...

Condonation?when is it a defense to divorce in Mississippi?

Posted on May 22, 2008
Is resumption of sexual relations enough? Last time I spoke generally about condonation as a defense to fault-based divorce in Mississippi. Let?s take a look at its application in some specific divorce cases. In the case of adultery, condonation means the innocent spouse forgives the spouse who committed adultery and the spouses resume normal marital relations...

Condonation?a defense to divorce in Mississippi?

Posted on May 20, 2008
The ?I forgive you? defense The second, and most commonly used, defense to a fault-based divorce is condonation. Essentially, it means forgiveness. The Mississippi Supreme Court explained condonation as: ?forgiveness of a martial offense theretofore committed, on condition that it will not be repeated and that the offender will thereafter treat the forgiving party with conjugal kindness...

Recrimination?a defense to divorce in Mississippi?

Posted on May 18, 2008
The ?You did it too? defense The first defense to a divorce is recrimination. Recrimination ?is founded on the basis that the equal guilt of a complainant bars his/her right to divorce, and the principal consideration is that the complainant must come into court with clean hands...

Defenses to Divorce in Mississippi

Posted on May 16, 2008
Defenses to Divorce in Mississippi In previous posts I spoke about the different types of divorces in Mississippi. The first, irreconcilable differences, is when the parties agree to divorce. Remember, Mississippi does not have true no-fault divorce?that is one party can get a divorce even though the other party does not agree to divorce...

Mississippi case highlights conduct during separation

Posted on May 13, 2008
Adultery during separation provided grounds for divorce In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair...

Mississippi man jailed for failing to pay child support

Posted on May 08, 2008
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...

Mississippi Divorce Guide

Posted on May 07, 2008
Free Mississippi Divorce Guide For those contemplating a divorce or just considering their options, you might find the answers to your questions in my recently completed C.D.--the Mississippi Divorce Guide. In the C.D., I discuss: Different ways to resolve a divorce; An overview of a divorce case in Mississippi; How is the property divided in a divorce; How child custody is determined; What are the child support guidelines in Mississippi; and 5 steps to take when divorce is at your doorstep...

Politician targeted by bitter ex-spouse

Posted on April 25, 2008
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...

Ex-WorldCom CEO's wife files for divorce

Posted on April 23, 2008
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...

Mad wife takes her complaints to the airwaves

Posted on April 18, 2008
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...

Covenant Marriage Bill Dead in Mississippi House

Posted on April 15, 2008
Covenant Marriage Bill Dies in Mississippi House In an update to a previous post, the House killed a bill enacting covenant marriages in Mississippi. An amendment was added to HB 1088 by the Senate which would have authorized covenant marriages. However, the bill died in the Mississippi House on April 10th...

IRS auditing more returns

Posted on April 14, 2008
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...

Breaking up is harder to do

Posted on April 06, 2008
Downturn in housing market impacts divorce The downturn in the housing market is impacting the ability of some to divorce. Quite frankly, they can not afford to divorce given they owe more on their home than it is worth. In an article out of California, the impact of the housing downturn is amplified...

Another Clerk arrested for theft of child support funds

Posted on April 04, 2008
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...

GMA wants to interview men receiving alimony

Posted on April 02, 2008
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...

Alimony--Not Just For Women

Posted on April 01, 2008
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...

Common tax pitfalls in a divorce

Posted on March 28, 2008
Common tax issues in a divorce As a Mississippi divorce lawyer, I've seen my share of tax issues arise during a divorce. Three common tax issues are: whether alimony payments are taxable, whether child support payments are taxable, and which spouse gets to takes the tax exemption for the children...

Tis the Tax Season

Posted on March 26, 2008
Some tips for the tax season As CPAs, accountants, and others are burning the midnight oil preparing tax returns, a recent article provides some helpful tips for those undergoing a divorce or recently divorced. In my next post, I will discuss some common tax problems in a divorce...

Covenant Marriage not yet dead in Mississippi Legislature

Posted on March 21, 2008
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...

Marriage Annulled After Divorce?

Posted on March 14, 2008
Wife granted annulment when husband turned out to be a woman Here is an story that will leave you with more questions than answers. A man and wife (or so they thought) were married for seven years before getting divorced. Then the wife looked through an old high school yearbook and discovered that her "ex-husband" was a woman in high school...

Madison County one of 3 Mississippi counties monitored by Feds during election

Posted on March 11, 2008
Federal officials will monitor the elections today in Madison County, Mississippi According to CNN, Madison County is one of three counties where Justice Department officials will monitor voting today given past irregularities. Wonder if it has anything to do with the more than 10,000 names purged from the voter rolls last week by one election commissioner, although all the names were restored for today's election? Read here for that story...

Pro Poker Player jailed for not paying child support

Posted on March 11, 2008
A professional poker player who makes around $400,000 a year was jailed for failing to pay $160,000 in back child support. According to the article, felony arrest warrants were issued in Wisconsin for the man who lives and works in Las Vegas, Nevada...

Valuing and Dividing Retirement Benefits in a Mississippi divorce

Posted on March 06, 2008
Dividing Retirement Benefits in a Mississippi divorce Continuing on with my previous post on this subject, the second step for the chancellor in dividing retirement benefits in a Mississippi divorce is valuing the assets. How much are the retirement benefits worth? With a defined contribution plan, this is relatively easy as you know how much money is in the account at the valuation date or you should be able to get that information from the plan administrator...

How the Mississippi judge divides the retirement nest egg

Posted on March 04, 2008
If spouses are unable to agree on how to divide retirement benefits in a Mississippi divorce, then the job falls to the chancellor. Retirement benefits are no different than other property in a divorce. Essentially, there are three steps. Determine the character of the property; Determine the value of the property; and Determine how to divide the property...

Moving to Ridgeland, Mississippi

Posted on March 02, 2008
Kisselburgh Law Firm is moving to Ridgeland, Mississippi The boxes are packed, the movers have arrived, and the truck is loaded--we are moving. Starting tomorrow, Monday, March 3rd, our new office is in Ridgeland, Mississippi. We are conveniently located off I-55, south of the new Ridgeland mall, just down Highland Colony Parkway...

Mississippi Child Support Clerk Pleads Guilty to Embezzlement

Posted on February 29, 2008
Mississippi clerk pleads guilty to embezzlement of Child Support funds In an update to a previous blog entry, a child support clerk from Meridian, Mississippi pled guilty to embezzling funds from the Lauderdale and Clarke County Child Support Program...

Divorce and Death?dividing the Nest Egg

Posted on February 26, 2008
Guess Who?s Not Coming to Dinner Continuing on in the discussion of the pitfalls of ERISA when dividing retirement benefits during a divorce in Mississippi, this next case illustrates the importance of complying with ERISA as well as changing the beneficiary forms following a divorce...

Mississippi Dead Beat Mom

Posted on February 26, 2008
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...

Competing claims for retirement benefits

Posted on February 24, 2008
Too many pieces of the financial pie In a recent 2008 decision from the Fifth Circuit Court of Appeals (which handles federal appeals out of Mississippi as well as Texas and Louisiana), the need for a properly drafted QDRO in a divorce was stressed. This case illustrates the problem of not complying with ERISA in drafting a QDRO...

Dividing the Nest Egg in Divorce

Posted on February 22, 2008
Dividing Pension Plans in a Mississippi Divorce Two major concerns arise when dividing pension plans benefits governed by ERISA. First is whether the pension plan administrator will follow the directives of the divorcing spouses. The second is how can the transfers take place without the recipient spouse being taxed by the IRS for an early withdrawal...

Pension Plans and Divorce

Posted on February 20, 2008
The Nest Egg and Divorce in Mississippi Here is a common situation I see as a Mississippi divorce lawyer. A wife wants to divorce her husband. The husband works for a large employer in Madison, Mississippi and has accumulated a nice retirement account from the employer while married to his spouse...

Dealing with Retirement Accounts in a Divorce

Posted on February 18, 2008
How to divide the Retirement Nest Egg in a Mississippi Divorce As a Mississippi divorce lawyer, it surprises me the number of people who overlook the implications of retirement benefits during a divorce. For most individuals, retirement benefits are usually their biggest asset outside of their home...

Wandering eyes may lead to divorce

Posted on February 15, 2008
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...

Ex-husband cuts off alimony payments to terminally ill ex-wife

Posted on February 13, 2008
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...

The child's word is not the last one in a Mississippi divorce

Posted on February 10, 2008
Do children have the final say in who they live with following divorce? Not in Mississippi In my previous post, I spoke about a child custody case out of DeSoto County, Mississippi. In that case, the 16-year-old daughter and 12-year-old daughter both testified in court that they wanted to live with their father as opposed to their mother who had custody...

Change in custody denied in Mississippi case

Posted on February 08, 2008
Proof needed in change of custody suit This week the Mississippi Court of Appeals upheld a DeSoto County chancellor?s denial of a father?s request for change of custody. In Lewis v. Lewis, the mother was granted custody of the couple?s three children when they divorced...

Are Prenuptial Agreements going overboard?

Posted on February 02, 2008
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...

Mississippi Authors

Posted on January 31, 2008
Mississippi Justice--Grisham's latest project A little off the beaten trail, my favorite Mississippi author, John Grisham, has a new book hitting the bookshelves--The Appeal. Check out his interview where he talks about writing this latest book as well as writing in general...

DNA proves man not biological father--but child support must continue

Posted on January 25, 2008
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...

$1,200,000 penalty levied against employer for failing to timely pay child support

Posted on January 21, 2008
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...

State pursues wrong man for child support

Posted on January 18, 2008
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...

What lessons can be learned from Britney?

Posted on January 15, 2008
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...

"Mean Mom" sells teenager's car

Posted on January 14, 2008
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...

Marriage annulled for twins separated at birth

Posted on January 13, 2008
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...

Holidays increase divorce?

Posted on January 11, 2008
Here's another article about how the holidays increases the prospect of divorce. Between a focus on relationships or mixing relatives and alcohol, a number of folks come out of the holidays headed for the marriage counselor or divorce court.

Your credit score following divorce

Posted on January 10, 2008
But the decree said he was responsible for that bill! A common misconception among people going through divorce in Mississippi is the responsibility of paying debts following divorce. Here is a classic example: Husband and wife have two cars, both financed through their bank and both of their names are on the loans...

Attorney Fees in a Mississippi divorce case?who pays?

Posted on January 08, 2008
Who pays the attorney in Mississippi divorces? In general, each party is responsible for paying their own attorney in a Mississippi divorce. However, the chancellor has broad discretion in deciding whether to award attorney fees to one party. The chancellor can award attorneys fees in those instances where the party seeking fees is unable to pay and there is a financial disparity between the two parties...

Mississippi Lt. Governor proposes making divorce more difficult

Posted on January 06, 2008
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...

New Year and Divorce

Posted on January 04, 2008
New Year brings with it increase in divorce filings Here is an interesting article which says that the New Year is a time when many couples will make the decision about whether to divorce. The decision to divorce is usually put off during the holidays but resurfaces with the passage of a New Year...

Do Grandparents have visitation rights following a Mississippi divorce?

Posted on January 02, 2008
Mississippi Grandparents' Visitation Rights do exists. As a Mississippi divorce attorney, I receive many questions about child custody. A recent e-mail asked about visitation rights for grandparents in Mississippi. When parties divorce in Mississippi, the divorce can impact the relationship grandchildren have with their grandparents...

Fame ends man up in jail

Posted on December 31, 2007
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...

Preparing for Divorce in Mississippi: Conclusion

Posted on December 30, 2007
Over the past month, I have talked about the steps in preparing for a divorce in Mississippi. To recap, they are: Step 1: Hire a Wise Advisor Step 2: Get a Safe Deposit Box Step 3: Get a Complete Picture of your Family Finances Step 3A: Determine what you family owns Step 3B: Determine what you family owes Step 3C: Determine what your family makes Step 3D: Determine what your family spends Step 4: Make copies of all financial documents Step 5: Inventory, Photograph, and Safeguard Personal Property Step 6: Establish your own credit Step 7: Make an assessment of your financial accounts Step 8: Get a handle on credit accounts Step 9: Consider hiring a private investigator Step 10: Get your career in order Step 11: Get yourself prepared mentally for divorce Step 12: Behave Now that we have completed this series, I want to reiterate that the series was not intended to advocate divorce...

Preparing for Divorce in Mississippi: Step 12 - Behave

Posted on December 28, 2007
Step 12 - Behave In the last step in preparing for divorce in Mississippi comes the most basic and most ignored step in the process. Behave. What I mean is in a divorce, your conduct is judged by many. During a divorce, you live in a fish bowl, so behave...

Preparing for Divorce in Mississippi: Step 11 - Get yourself mentally prepared

Posted on December 26, 2007
Step 11 ? Get yourself prepared mentally for a divorce Working off the last step, you also need to protect your emotional health. If you have not already done so, you should look at forming a relationship with a therapist or counselor. Divorce is one of the most stressful events in your life...

Preparing for Divorce in Mississippi: Step 10 - Get your career in order

Posted on December 24, 2007
Step 10 ? Get your career in order If you are not working, it is time to dust off the old resume and do some updating. You also want to start networking because you will probably have to re-enter the workforce unless you have small children and can expect your current spouse to support you during the children?s early child-rearing years...

Preparing for Divorce in Mississippi: Step 9 ? Consider hiring a private investigator

Posted on December 22, 2007
Step 9 ? Consider hiring a private investigator In a Mississippi divorce, you and your spouse must either agree to the divorce or you must prove ?fault?. If you do not anticipate your spouse agreeing to the divorce, then you will need to prove one of the fault based grounds for divorce...