Maggio Law Firm, PC

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May 2017 Archives

Determining child custody in Mississippi

Perhaps the most emotionally draining issue in any divorce in Mississippi is the question of child custody. Mississippi gives chancellors great discretion in awarding legal and physical custody of minor children, but the law also provides important guidelines for determining which parent should be awarded physical or legal custody of the couple's children.

Tax consequences of divorce in Mississippi

Divorcing couples in Mississippi worry about child custody and support, alimony and division of their joint assets. An issue that is frequently overlooked in many divorces is the income tax consequences of payments mandated by the divorce settlement or court decree. This post will provide a summary of the provisions that affect post-divorce income taxes paid by almost every divorcing spouse. Both the State of Mississippi and the Federal government tax personal incomes, but the tax code provisions that are pertinent to divorce are nearly identical and will not be discussed separately unless necessary.

Using Mississippi law to collect child support

Child support can be one of the most contentious issues in a Mississippi divorce. Unfortunately, the entry of the formal decree of dissolution may not end the conflict. For many reasons, a person who is required to pay child support to the custodial parent may default on this obligation. For example, a non-custodial parent who is required to pay child support to the former spouse may feel that the amount is too high, that the divorce proceeding was unfair or that the former spouse does not deserve the payments. Sometimes, financial difficult will cause a former spouse to default on child support payments. The State of Mississippi provides a number of collection methods to ensure that child support payments are paid when and in the amount required by the court.

Determining child custody in a Mississippi divorce

Resolving disputes about child custody can one of the most vexing issues facing Mississippi couples who have decided to end their marriages. In 1983, the Mississippi Supreme Court abolished the decades old preference for awarding custody to the mother and replaced it with twelve factors that must be weighed by the chancellor in every case where the parents cannot resolve the child custody issue on their own.

Military divorces in Mississippi

Serving in the military does not completely insulate a person from one of life's most traumatic events: getting divorced. Mississippi, like most states, has enacted laws that are designed to at least partially protect military personnel on active duty from the stress of divorce. This post will summarize the essential provisions of those aspects of military family law that differentiate divorces between two civilians and divorces in which at least one spouse is on active duty with a branch of the nation's armed forces.