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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

Another state seeking to collect casino winnings from deadbeat parents

Posted on January 07, 2010
Indiana submits bill to collect casino winnings from winners owing child support Colorado did it and now Indiana is trying to do it. Where is Mississippi in enacting legislation that would require casinos to check a database to see if the winners owe child support? If they owe child support, they don't get the winnings...

Google search turns up 2 other wives for husband

Posted on January 06, 2010
Google search reveals Michigan man has 3 different wives Faye Miller was having some marital problems and went to counseling to avoid a divorce. Her therapist suggested she do some digging on the internet concerning her fears about her husband. He was a podiatrist who she thought "was working a lot of hours and away at medical conferences...

MERRY CHRISTMAS and HAPPY HOLIDAYS

Posted on December 25, 2009
Merry Christmas and Happy Holidays to all. Enjoy the music and light show from my favorite Christmas band, Trans Siberian Orchestra.

Madoff victim attempts to set aside divorce settlement

Posted on December 24, 2009
Madoff fraud victim sought to set aside divorce settlement A lawyer who divorced in 2006 and paid his ex-wife $2.7 million of value of his account with Bernard Madoff attempted to set aside the settlement after he realized he lost all the money in the Madoff Ponzi scheme...

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Digital evidence of infidelity

Posted on December 11, 2009
Text messages and e-mails leave a trail for divorce lawyers to follow It appears there are many lessons to learn from Tiger Woods recent publicized problems. One is the hazards of text messaging with a paramour while you are married. The New York Times recently published an article entitled, "Text messages: Digital lipstick on the collar...

Cheating with a married person--beware!

Posted on December 10, 2009
Alienation of affection in Mississippi With all the gossip, speculation, and rumors associated with Tiger Woods and his transgressions (a/k/a alleged affairs), the issue of alienation of affection is in the news. In fact, CNN published an article on alienation of affection and how Mississippi is one of seven states that still recognizes this tort...

Dad convinces kids to beat Mom with baseball bat

Posted on December 09, 2009
Dad going to jail for having kids beat Mom with baseball bat A Kansas man was convicted of attempted first-degree murder, aggravated kidnapping, and contributing to a child's misconduct. What did he do? He convinced his 12-year-old daughter and 15-year-old son to kill his ex-wife by beating her with a baseball bat...

Social Security and Divorce in Mississippi

Posted on November 28, 2009
Social Security and Divorce--who gets the benefits? The Wall-Street Journal recently posted an article discussing social security and divorce. The questions included: How long do you have to be married for a person to collect social security benefits? At least 10 years, you can't be remarried, you have to be at least 62, and your ex-spouse must be eligible for social security benefits...

New York Times offers financial tips during a divorce

Posted on November 23, 2009
New York Times advice on divorce In a recent series, the New York Times ran some articles offering financial and practical advice for those going through or contemplating a divorce. Here are the articles: Financial Decisions to Make as You Divorce Experienced in Love and Money.

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...

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...

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