Perry Law Firm, LLCPerry Law Firm, LLC2024-03-15T10:17:30Zhttps://www.perrylawfirmllcms.com/feed/atom/WordPress/wp-content/uploads/sites/1602643/2021/06/cropped-perrylaw-site-icon-32x32.pngOn Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472372024-03-06T11:19:11Z2024-03-15T10:17:30Z12 fault-based grounds in Mississippi include:
Habitual cruelty.
Adultery.
Desertion (willful, continuous, for one year).
Habitual drunkenness.
Habitual and excessive drug use.
“Natural” impotence.
Bigamy.
Wife pregnant with another man’s baby without husband’s knowledge.
Spouses related closely enough for marriage to be illegal.
Incarceration in prison.
Spouse’s mental illness or disability that other spouse did not know of at the time of marriage.
Spouse’s incurable mental illness resulting in confinement in psychiatric institution.
In addition to granting a divorce based on the above grounds, a family law court may also consider these grounds when making decisions relating to property division, alimony, and child custody. However, courts are not in the business of punishing spouses for their “faults,”
For example, a spouse may not have to give up a larger portion of their share of the marital assets simply because they had an affair. But, if there is evidence that one spouse spent marital funds on their affair partner, the court may make sure the other spouse gets a larger portion of the marital assets.
]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472362024-02-29T03:41:06Z2024-02-29T03:41:06Zproperty division purposes, and you might find yourself backpedaling to clarify crucial points that put custody of your child in jeopardy. What can you do to make it easier to deal with your lying spouse while continuing to protect your interests?
How to deal with a spouse who is a habitual liar during divorce
You can’t change your spouse, but you can change how you react to them. Here are some ways to do that while advancing your position:
Present concrete evidence that clearly contradicts their false assertions.
Highlight their inconsistent statements so that the judge knows that they can’t be trusted.
Try to understand their motivation for excessive lying, which might give you perspective and direction as far as how to handle your divorce negotiations.
Reduce all communications to writing so that they’re easier to refer back to.
Minimize contact so that you don’t get overly frustrated and end up saying something you regret.
Keep a journal of your interactions with your spouse so that you can quickly refer to them if you need to refresh your recollection of what they previously said.
Dealing with a lying spouse isn’t easy, but by following these steps, you might make the process just a little easier.
Know how to develop the right divorce legal strategy
The way you approach your divorce will impact the outcome. With that in mind, it’s crucial that you develop a solid game plan from dealing with your spouse and addressing key legal issues. By doing so, you’ll hopefully come out on the other side stronger and secure.
]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472352024-02-16T22:38:42Z2024-02-16T22:38:42Zunderstand the law for deviating from them. This is true from the perspective of the paying parent and the receiving parent.
Child support guidelines can be questioned
From the start, the support guidelines will be used as a starting point to determine how much child support will be paid. That can be overcome if the situation warrants it. Once the criteria for using the guideline has been overcome, the support order can be modified accordingly.
For example, if the child has extraordinary medical needs, then that could be addressed by increasing the child support amount from what it would have been if the guidelines were followed. The same is true if the child has income of their own and contributes to the family with it. Some parents’ income varies based on circumstances. If the parent has a higher income because they work seasonally or own a business that does better at certain times of the year, then this too can be addressed in the support order.
The custody and parenting time agreement might be a factor. For example, not every case involves the child being with the custodial parent during the week and the noncustodial parent having the child two weekends per month. The template can vary with the noncustodial parent who has extensive time with the child paying more than they otherwise would. This too can be sufficient to justify a change from what the guidelines mandate.
These are just some of the reasons why a child support order might deviate from the guidelines. There are many others. Parents need to remember the needs of the child come first.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472342024-02-14T21:43:51Z2024-02-16T21:41:08Zseek a custody modification? Under Mississippi law, you have to show that there’s been a material change in circumstances in order to successfully modify an existing custody order. That’s a broad standard, and one that’s hard for many people to contextualize. That’s why this week on the blog we want to look at some circumstances that warrant a custody modification.
The “material change in circumstances” standard is broad, which means you have a lot of room to argue for a modification. That said, here are some common reasons to seek a change to your existing custody order:
Physical abuse or neglect: Your child needs to be safe in their home environment. Too often, though, children are abused and neglected. If you have any indication that that’s the case for your kid, then you need to act quickly to protect them. In these circumstances, you might be able to secure an emergency custody order.
Exposure to domestic violence: Witnessing abusive behavior like domestic violence can be harmful to your child. It can put them at risk of being physically injured, but it can also cause psychological harm to them, leaving them riddled with anxiety, depression, and aggressive behaviors.
Exposure to parental substance abuse: Drug use is rampant across our country, including in Mississippi. When children are exposed to parental substance abuse, they can develop serious mental health concerns, including feelings of guilt, shame, anxiety, and depression. Their school performance can deteriorate, too. As if that’s not enough, exposure to parental substance abuse can also increase the risk that your child will abuse drugs or alcohol at some point in the future.
Inability to meet basic needs: Regardless of where your child lives, they should have their basic needs met. If the other parent is unable to provide your child with appropriate food, clothing, or shelter, whether due to unemployment or the onset of a medical condition, then a custody modification is likely warranted.
Untreated mental health issues: A lot of people who suffer from mental health issues make great parents. Yet, when serious mental health diagnoses go untreated, they can create a dangerous environment for children.
Parental alienation or interference: You should have access to your child in line with your custody order. The other parent shouldn’t deny you that access, interfere with your parenting time, or manipulate your child to drive a wedge between you and your kid. If they do, then you can use that fact to support an aggressive request for custody modification.
A lot of damage can be caused to your child if you don’t act quickly to remove them from a dangerous situation. This includes circumstances where their emotional and psychological well-being is at risk.
Fortunately, you can do that by gathering evidence and crafting aggressive child custody modification arguments. Don’t be scared of the process and the conflict it might entail. Instead, keep your child’s best interests at the forefront and argue as strongly as you can to protect them.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472332024-02-02T16:41:55Z2024-02-02T16:41:55Zward’s best interests and there is a process you can follow to ask the court to put this in place for your loved one.
Guardianship process
The first step in the guardianship process is to file a petition in the court where the proposed ward lives. The petition should include information about the proposed ward, why the petitioner is requesting guardianship and what powers the guardian should have.
You may be required to give notice to interested parties, including the proposed ward. The court may order a medical evaluation for the proposed ward to determine whether they are incapacitated.
The court will review the evidence and decide whether to order the guardianship. If it does, the order will outline the guardian’s specific powers and responsibilities. The guardian will likely be required to check in with the court periodically.
Modification or termination
Once the guardianship is in place, it may need to be modified. These situations may include if the ward’s condition improves and the guardianship is no longer necessary, if the guardian is no longer able to fulfil their duties, or if the guardian is not acting in the ward’s best interest.
The court must review the circumstances and decide whether to change or terminate the guardianship.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472292024-01-19T18:15:35Z2024-01-19T18:15:35ZDivorce process
The first step in the divorce process is to file a complaint in the county where either spouse lives. The spouse who files must give the other spouse a copy of the divorce paperwork, but the service does not have to be in person. You or your spouse can do this through a process server.
The spouse who is served will have an opportunity to respond and if there are issues such as child support or spousal support, the court may issue temporary orders. The spouses will need to exchange financial information.
Factors considered
The court will consider factors that are specific to your situation to equitably distribute the property, however there are some general guidelines to be aware of. It will likely review each spouse’s financial and non-financial contributions to the marriage. The non-financial contributions may include household work and childcare responsibilities. Also, depending on the length of the marriage, it may be appropriate to award more property to the lower-earning spouse.
Other factors include the age, health and earning capacity of each spouse and whether each spouse has debt and if so, how much. Outstanding debt is divided equitably between the spouses.
Once the property division is complete and all issues have been resolved, the court will issue a final decree of divorce.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472272024-01-05T11:44:41Z2024-01-05T11:44:41ZDoes child support show up on my credit report?
Yes, if you owe child support. According to the Mississippi Department of Human Services, a noncustodial parent who owes back child support will be reported to the credit bureaus. This means that if you fall behind on your payments, it will show up as a negative item on your credit report. Negative items can lower your credit score.
What if I am not behind on payments?
If you are current on your child support payments, it likely will not appear on your credit report, but it is possible. However, the Office of Child Support Enforcement states that there is no federal law that restricts the reporting of child support obligors to credit bureaus, whether they are current or in arrears.
The law and OCSE’s regulations establish minimums, not limits. The OCSE encourages state agencies to report all noncustodial parents with a legitimate child support obligation, but each state has its own policies and procedures for doing so. Therefore, it is possible that your child support payments are not reported to the credit bureaus if you are paying on time and in full.
How do I check my child support balance and payment history?
If you want to know how much child support you owe or have paid in Mississippi, you can check your balance and payment history on the MDHS website. You will need to register for an account and provide your Social Security Number and case number. The website allows you to make payments. It also contains your account history, balance, payment history, disbursement options and all the details of your child support case.
]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472262023-12-28T18:59:17Z2023-12-21T18:58:12ZChild support
When the court reviews the income of both parents, it includes wages, salaries, bonuses and other types of income. The guidelines provide for a basic amount of child support, which can be adjusted based on the child’s needs. These include needs like clothing, food, housing, education and healthcare. If the child has special needs or high medical expenses, for example, the amount of child support may be higher to meet those costs.
The amount of support may also vary depending on which parent has primary custody of the child. If the family’s circumstances change over time, either parent can request a modification. Sometimes, this is because the parent paying child support receives a promotion or a new job with a higher income or because they lose their job and cannot make payments.
Enforcement
If the paying parent does not meet their child support obligations, there are legal remedies available. The court may order income withholding, meaning that the child support is automatically withheld from the parent’s paycheck. If the paying parent is expecting a tax refund, that may also be intercepted.
In other situations, the court may find the parent in contempt of court and issue fines and penalties, including jail time. This may occur where the parent repeatedly fails to pay what they owe.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472252023-12-18T17:03:15Z2023-12-15T17:01:13Z12 grounds for divorce under Mississippi law. You must assert one or more of these grounds and the court will decide whether to grant your divorce.
How is adultery defined?
A cheating spouse is one reason many marriages end. Adultery is one of the 12 divorce grounds. Mississippi law defines adultery as any voluntary sexual intercourse with someone who is not one’s spouse.
The frequency of intercourse does not matter. Whether your spouse had a one-night stand or a long-term affair, both count as adultery under the law. Since adultery is also a crime in Mississippi, your spouse moving in with someone other than you is unlawful cohabitation and could also be considered adultery.
However, to receive a divorce, you must prove the adultery occurred. This can be hard to do. Your spouse may deny committing adultery or might admit to it but want the marriage to continue.
Direct evidence of adultery
Unless you have direct evidence of your spouse confessing to it or photos or videos of them in the act, proving adultery will likely be challenging. You must show both that your spouse had adulterous tendencies and that they had an opportunity to satisfy these tendencies.
Adulterous tendencies can have many different meanings. It can mean your spouse was generally flirtatious or that they were attracted to or infatuated with a specific person.
Since direct evidence is usually hard to obtain, you may need to use circumstantial evidence of adultery.
Circumstantial evidence of adultery
There is no definite answer about how much circumstantial evidence you need. Circumstantial evidence can come in many different forms such as witness testimony, photos, videos or communications discussing the affair. Bank statements showing financial transactions related to the affair could also be good circumstantial evidence.
You do not need to prove the adultery occurred beyond a reasonable doubt. Since divorce is a civil case, you must have clear and convincing evidence of adultery, which means it is highly and substantially more likely to be true that the adultery occurred.
If you are sure that a divorce is what you want, be careful about the actions you take after finding out your spouse has cheated. Evidence that you continued to live with your spouse, told them that you forgive them or had sexual relations with them after you found out about their affair could be evidence of you condoning adultery.
This could impact your ability to get a divorce. However, unless you admit to it, condoning adultery is often difficult to prove in divorces based on adultery.]]>On Behalf of Perry Law Firm, LLChttps://www.perrylawfirmllcms.com/?p=472242023-12-14T16:32:59Z2023-12-08T16:31:38ZProperty division is considered to be one of the most contentious issues of a divorce. Finances in general create many questions and concerns during dissolution. As such, it is important to gain a full and complete picture of the situation and the options you have.
Financial impact of divorce
Splitting assets in a divorce can feel like all of your financial accounts have been hit hard. In most cases, this is very true. Often, shared accounts will be split equitably. And if there are shared credit cards, steps are required to move forward with removing a name or closing the account altogether.
There is a focus on credit score, and this is for a good reason. Divorce has the tendency to cause a credit score to plummet. This could have a major impact on your post-divorce life, making it important to consider what could be done prior to divorcing to help protect your credit score.
Protect your credit score
The divorce process alone will not impact your credit score; however, the actions you take prior to and during a divorce could. Thus, the first step to take when deciding to divorce
Is to pull your credit report. This will help you understand which accounts are linked to your credit score, which accounts are joint and what, if any, credit cards have the other spouse added as an authorized user. These are the account to keep an eye on.
The next step to take is to separate your accounts as soon as possible. Because one could be on the hook for the other’s spending, it is best to close joint accounts rather than split the responsibilities. If necessary, the next step would be contacting your creditors, informing them of your change of status. This could result in negotiations to detangle the joint account with your ex-spouse.
Finally, the best way to avoid vindictive actions that could hurt your credit score significantly is to freeze your credit cards. This could help ensure new and large charges are not made.
Whether you are dividing assets, property or debt, it is important to gain a full picture of everything involved in the property division process. This helps ensure you take proper and timely action, understand your rights and protect your interests.]]>