Gulfport Family Law Blog

Unpaid child support could have lasting implications

On behalf of Maggio Law Firm, PC posted in Child Support on Friday, December 14, 2018.

Thinking of your children there is nothing you wouldn't do for them. For parents who pay or receive child support, it's a situation that married parents of children often know nothing about. Whether you are a recipient or a payer of child support, there are concerns on both sides. Parents almost always want what's best for their children.

However, if child support payments aren't being sent in a timely manner, it can have a negative impact on a child. Child support amounts expected to be paid or received vary based on a number of factors including a parent's income, needs of the child, standard of living and potentially other factors. The specific situation of a family can greatly impacts a child support amount as it can be tailored specific to the family's needs.

Men in marriages, what some say propelled their divorce

On behalf of Maggio Law Firm, PC posted in Divorce on Thursday, December 6, 2018.

Marriages require two people, but it rarely has so few influences. When two people merge their lives, lots of factors can affect the marriage and each person in it. If you are thinking about a divorce, or are in the midst of one, you know how hard it can be at first glance to untangle the other person's life from your own. In all reality, not all things can be 'untangled' so to speak, from each other.

This is especially true when you and your soon-to-be ex-partner have children together. The truth is that a child's parent will always be a part of their life; thus, a part of yours. Additionally, for those who's finances have been combined, separating the assets and liabilities during property division can be initially daunting. In a tell-all, men who are divorced revealed the moment that they knew their marriage was over.

What family law issues can be accomplished in court?

On behalf of Maggio Law Firm, PC posted in Family Law on Thursday, November 29, 2018.

Many family matters can be handled within the home, finding a resolution that works for everyone. However, not all family matters are that simple. For example, in instances of divorce or child custody, having a legally binding resolution can be best. Without a family law decision in place, it is tougher to hold all parties accountable for their responsibilities and actions.

Family law issues generally focus on the two issues mentioned above, divorce and child custody. However, for some it covers grandparents' rights, adoption or domestic partners. When a family goes through a divorce, there is often several issues like property division, child custody or even alimony to settle before the divorce can be finalized. Sometimes, divorcing spouses are on the same page on these issues and sometimes they disagree.

Grandparents' rights for those in strained custody arrangement

On behalf of Maggio Law Firm, PC posted in Family Law on Thursday, November 22, 2018.

When a romantic relationship goes south, it can have different implications for different people. If a relationship also involved children, the result can create a very different home environment compared to the one they are accustomed to. This can have farer reaching effects than just the parents or child. It could also impact a child's relationship with their grandparents.

Not all relationships end on good terms. The parent of an ex-spouse or partner could suddenly become the enemy in a person's eyes. This could leave a child with few options or opportunities to connect with their grandparents. It's proven that relationships between grandparent and child are very important and should be upheld if possible.

All about military divorce and pension benefits

On behalf of Maggio Law Firm, PC posted in Military Family Law on Thursday, November 15, 2018.

Military service is one of the most highly recognized positions a person can have. Military members and their families deserve to be recognized and rewarded for their sacrifice and service. One way in which military members are rewarded is with benefits like pension and health benefits. When a family has decided to get a divorce, these military only benefits are often top concern.

Whether you were the spouse who served or not, you may be entitled to certain benefits, even in cases of a divorce. A veterans pension may be a benefit allotted in his or her name. However, in situations where a veteran who has been married for many years is filing for divorce, the issue of pension and other benefits likely will come into a topic of discussion. Pension benefits can be allocated to a spouse if deemed as such under the Uniformed Services Former Spouses' Protection act.

Highest court to rule on constitutionality of no-fault divorce

On behalf of Maggio Law Firm, PC posted in Divorce on Friday, November 9, 2018.

When it comes to divorce law, it's an issue traditionally handled by the state. That means Mississippi state law dictates how laws are issued in accordance with different divorce and child custody issues. If the law then needs applying, it can go to the state courts as to how to proceed. However, the highest state court has been asked to rule on the constitutionality of divorce and 'no fault' law.

Mississippi is one of only two states (the other is South Dakota) that has divorce grounds in which they do not include a unilateral no-fault divorce ground. This has to do with when a person or couple files for divorce, if a spouse wants to file and the other doesn't, it can delay proceedings for extended periods of time, sometimes years. The Mississippi Coalition Against Domestic Violence is asking that the state's highest court would agree with a previous judge's determination that Mississippi's lack of a true "no-fault" divorce grounds is unconstitutional.

What are the different types of child custody?

On behalf of Maggio Law Firm, PC posted in Child Custody on Wednesday, October 31, 2018.

The relationship between parent and child is arguably one of the most impactful and important that a person will have in their life. Parents help shape the type of adult that the child will one day become. That's why it is so important to have a positive relationship with your child. This is true for all children, especially those who have parents raising them from separate households.

If you and your child's other parent are in the middle of changing your custody arrangement or if you are setting up a child custody agreement for the first time, there are a few things to know. Custody includes physical custody and legal custody. Also, there is sole custody, shared custody and even visitation aspects that could impact the final child custody arrangement. So, how do you know what custody arrangement is best for your child?

Help with the property division process during divorce

On behalf of Maggio Law Firm, PC posted in Divorce on Wednesday, October 24, 2018.

One of the most important things to understand about property division during divorce is how it works. There are different categories of property, different challenges that may arise and it is helpful to avoid allowing the process to become unnecessarily contentious.

Is Mississippi, property division is conducted according to equitable property division rules which means that property is divided fairly but not necessarily in half. It is important to keep in mind that only marital property is divided. Marital property includes property and income earned during the marriage as opposed to separate property that is not subject to division. Separate property can include property owned prior to marriage, inheritances, gifts or personal injury settlements.

Grandparents' rights, visitation and child custody

On behalf of Maggio Law Firm, PC posted in Child Custody on Friday, October 19, 2018.

The relationship between grandparent and grandchild is a special one. The time children spend bonding with their grandparents is something special that all should experience. However, certain family situations can make it difficult for a grandparent to have a relationship with their grandchild, especially if there is something negative between grandparent and the child's parent.

Because of this, many grandparents' wonder if they have grandparents' rights when it comes to their grandchild and child custody? There are two types of legal rights that can grant grandparents' visitation rights to their grandchild. One is called restrictive visitation and the other, permissive visitation. Restrictive visitation is specifically engineered for families in which the grandchild's parents have divorced, or one or both parents are deceased.

Study shows divorce rates declining due to millennials

On behalf of Maggio Law Firm, PC posted in Divorce on Thursday, October 11, 2018.

Anyone of any age (starting with the age of consent) can be married or initiate divorce. However, a new research study shows that millennials are responsible for the decline in divorce rates. The divorce rates have radically dropped between the years of 2008 and 2018. A recent analysis of marriage and divorce data by researcher Phillip Cohen of the University of Maryland shows that there has been an 18 percent reduction in the country's divorce rate during this time.

Even when controlling for factors such as age or other demographic shifts, the research shows that the decline would still be 8 percent. According to Cohen, he believes this is solely due to millennials mindset and decision making processes concerning marriage. He believes this is partially because millennials simply do marriage better than previous generations and because he believes that they are more "selective" about marriage.

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