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Family Law

Mississippi Family Law Blog

By Robert M. Kisselburgh, Esq.

Post Frequency: 1.1/day

Last Entry: July 07, 2010 at 23:40:18

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...

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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...

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