Perry Law Firm, LLC

Can child support in Mississippi cover private school costs?

2026-08-26T08:11:37Z

Private school tuition can add thousands of dollars to a child’s yearly expenses. When parents separate, that can raise a practical question: Can child support in Mississippi cover the cost of private school? Mississippi courts generally treat private school tuition as part of child support. However, that does not mean one parent automatically has to pay the tuition on top of the regular support amount. The child’s needs, each parent’s finances and the terms of any existing agreement can affect the outcome.

When can a court include private school tuition?

Mississippi law allows courts to consider educational expenses when deciding whether the standard child support guidelines would be unfair or unsuitable. Private school tuition may be included when the facts support a higher child support award. However, the court generally needs specific findings when the tuition causes support to exceed the guideline amount. Several factors can affect how a court views private school costs, including:

Whether both parents previously agreed to private school
Whether the child already attended private school
Whether the child has specific educational needs
Whether each parent has the income and ability to pay
Whether the tuition is reasonable for the family’s financial situation

For example, the Mississippi Court of Appeals recently declined to require a father to pay private school tuition where the child had no special educational needs and the evidence did not support the added expense.

What if the parents already agreed?

A written divorce or custody agreement can make a major difference. Mississippi courts have enforced agreements requiring a parent to pay private school tuition when the agreement clearly covered that expense. However, an agreement does not always settle every future dispute. Changes in income, the child’s needs or the terms of the agreement may affect whether tuition payments can be changed. Reviewing the existing order with legal assistance can help clarify whether the court may modify the arrangement.

Looking beyond the tuition bill

Private school costs can become part of child support in Mississippi. However, the court considers more than the price of tuition. The parents’ agreement, financial resources and the child’s specific needs can all affect whether one parent must contribute. When private school expenses become part of a custody or support dispute, examining the existing court order and the family’s financial circumstances may help clarify what costs a parent may be responsible for.

When must estate assets be sold during probate in Mississippi?

2026-08-22T06:02:21Z

When a loved one dies, the family must handle both grief and practical matters. If the estate goes through probate, family members may wonder whether they must sell the home, car or other property. Mississippi law does not require every estate to sell its assets. A sale may become necessary when the estate needs money to pay debts or when a court orders a sale. Understanding these situations can help families make informed decisions during probate.

When the estate cannot pay its debts

An estate must pay valid debts and the costs of settling the estate. If the estate does not have enough cash or other assets to cover those costs, the executor or administrator may need to sell property. For example, an estate may own nonexempt real property but have little money in its bank accounts. If the estate cannot pay its debts with its available personal property, the executor or administrator can ask the chancery court to approve a sale of that real estate. However, Mississippi law protects certain property from claims against an estate. A protected homestead that passes to a surviving spouse, child or grandchild may not need to fund the estate's general debts. This means the family should not assume that the court can order the sale of a family home simply because the estate owes money.

When a court orders a sale

A creditor may also ask the court to sell estate property to pay a valid debt. The court reviews the estate's assets, debts and applicable property protections before deciding whether a sale should occur. A will can also direct the executor to sell specific property. In that situation, the executor generally must follow the will's lawful instructions. Probate does not automatically require the sale of a home, vehicle or other valuable property. The need for a sale depends on the estate's debts, the type of property, the will and any legal protections that apply.

What families should know

Before selling estate property, the executor should review the will, the estate's debts and the value of its other assets. The executor should also determine whether Mississippi law protects any property from estate debts. A careful review can help the family avoid selling property that the estate does not need to sell while ensuring that valid debts receive proper attention.

Can secret recordings affect a Mississippi divorce?

2026-07-24T15:50:21Z

With a divorce on the horizon, conversations that once stayed private between two parties can become tense as spouses disagree about finances, child custody or the reason for ending the marriage. In some cases, one spouse might record a conversation secretly, thinking that this evidence can help during the divorce. In Mississippi, those recordings can play a role in certain cases, but whether they affect the outcome depends on how they were made and how the court views them.

How does Mississippi’s recording law work?

Under Mississippi law, the spouse participating in a conversation can record it without the other person’s knowledge. But the law does not usually allow someone to secretly record a conversation they are not part of or use any unlawful surveillance to gather evidence. These rules are important to understand the difference between legal and illegal recordings.

When do recordings matter in divorce?

In a contested divorce in Mississippi, recordings often become important if they are related to the issues that a court needs to address, such as:

A statement that supports a fault-based divorce claim
A recording that may be relevant to allegations of threats, harassment or domestic abuse
A discussion that involves finances or marital property
A parenting dispute that can affect child custody
A statement that contradicts a spouse’s testimony during court proceedings

A recording alone doesn't automatically prove a claim. Like any other evidence, judges evaluate these recordings in the context of the entire case.

Can a judge refuse to consider a recording?

Legally making a recording does not guarantee that a Mississippi court will consider it during the divorce proceedings. Like any other evidence presented, a recording also should be relevant to the issue in the case and satisfy the rules of evidence. A judge might also consider whether the recording is authentic and complete, and whether it’s being presented in its proper context. If portions of a recording are missing or it has been edited, it might carry less weight in court. Because divorce cases often have difficult conversations, it is wise to assume that any important discussion can be documented. Keeping all communication respectful and focused on important issues can help avoid creating evidence that might complicate the situation.

Why a legal title does not control asset division in Mississippi

2026-07-24T08:04:37Z

In Mississippi divorce cases, a legal title does not automatically decide who keeps an asset. A deed, car title or account statement may show whose name is on the property, but the bigger question is whether the asset stayed separate or became part of the marital estate through use, payments or commingling during the marriage.

Separate property can become part of the marital estate

This issue matters because spouses often assume that the title answers the ownership question. In reality, a home, vehicle or account may still matter in property division if marital money helped pay for it, both spouses contributed to it or the couple treated it like a shared asset. That is often where disputes begin. For example, property one spouse brought into the marriage may start as separate property. But if the couple used marital income to pay the mortgage, improve the property or build equity, the analysis may change. Mississippi cases involving mixed ownership claims show how courts may look past the title and ask whether the asset remained separate in practice.

What facts can shape the outcome?

When courts determine whether property belongs in the marital estate, they often consider several factors. That may include:

When the asset entered the marriage
Whether marital income helped pay for it
Whether both spouses maintained or improved it
How the family used the asset
Whether any portion of the asset remained separate property

These facts help the court decide whether the property belongs to one spouse alone or should be included in the overall division.

The real question is whether the asset stayed separate

That question often turns less on the title itself and more on the paper trail behind the asset. Mortgage payments, account records, improvement costs and other financial documents may help show whether separate property stayed separate or became mixed with the marriage. When spouses disagree about that history, the dispute may grow into a broader fight over asset division. A lawyer can help sort through those records and determine what the property history may actually show.

Can grandparents seek visitation rights in Mississippi?

2026-07-12T10:15:14Z

A child's life is often significantly impacted by grandparents. You may help with daily care, provide emotional support and stay closely involved as your grandchildren grow. After a divorce, separation or other family conflict, that relationship can change quickly. You may wonder whether you can ask a court for visitation with your grandchildren. Mississippi law allows this in some situations, but the rules are specific. Understanding when visitation may be available can help you know what to expect.

Mississippi law allows visitation in limited situations

You do not automatically have the right to visit a grandchild. Instead, you must meet certain legal requirements before a court will consider your request. Under Mississippi Code Section 93-16-3, you may ask for visitation in specific circumstances, including some divorce, custody or parental rights cases. The law allows a petition if a parent dies, if custody is legally terminated or awarded to one parent, or if a grandparent can show they have a viable relationship with the child and have been unreasonably denied visitation. Even if you qualify to file a request, the court does not guarantee visitation. The next step focuses on your grandchild's well-being. Meeting those legal requirements does not guarantee visitation. It is still up to the court to decide if allowing visitation is in the child's best interests.

Courts focus on the child's best interests

A judge looks at whether grandparent visitation would benefit your grandchild. Courts may consider several factors, including:

The existing relationship between you and your grandchild
Your grandchild's emotional needs
Whether visitation could affect the parent-child relationship

These factors help the judge understand your family's circumstances. Mississippi courts have also discussed these issues in cases such as Martin v. Coop. Court decisions emphasize that parents generally have the right to make decisions about their children's upbringing. If you ask for visitation, you must show why court-ordered contact serves your grandchild's best interests. Because every family situation differs, courts review the facts carefully, so each case is unique.

Family circumstances can affect the outcome

No single factor determines whether visitation will be granted. A judge will evaluate your grandchild's age, family history and the reasons for your request to assess if continued contact supports their stability and healthy development. Since legal processes can be daunting, prioritizing your grandchild’s well-being is essential; focusing on this allows you to face these challenges with the care and patience they deserve.

How is property divided in a Mississippi divorce?

2026-08-02T06:39:34Z

Dividing property is often one of the most challenging aspects of a divorce. Many people assume that everything will automatically be split equally, but Mississippi follows a different approach. Courts seek a fair distribution based on the circumstances of each marriage rather than an automatic 50-50 division.

Understanding how property division works can help you make informed decisions throughout the divorce process.

Mississippi follows equitable distribution

Mississippi uses the principle of equitable distribution when dividing marital property. Equitable does not necessarily mean equal. Instead, the court seeks a division that is fair based on the facts of the case.

Before dividing property, the court determines which assets are marital property and which are separate property.

What is marital property?

Generally, marital property includes assets and debts acquired during the marriage, regardless of which spouse holds legal title. Examples may include:

The marital home
Retirement accounts earned during the marriage
Vehicles
Bank accounts
Investments
Business interests
Marital debts

Separate property, such as assets owned before the marriage or certain inheritances and gifts, may remain with the original owner unless circumstances cause those assets to become marital property.

What factors do courts consider?

Mississippi courts evaluate several factors when determining a fair division of marital assets. These may include:

Each spouse's financial contributions
Nonfinancial contributions to the marriage
The length of the marriage
Each spouse's earning capacity
The value of marital assets
Economic needs after the divorce
Any waste or dissipation of marital assets

Every case is unique, and no single factor determines the outcome.

Can spouses reach their own agreement?

Yes. Many divorcing couples negotiate a property settlement without asking the court to decide every issue.

A negotiated agreement may offer benefits such as:

Greater flexibility
Reduced legal expenses
Faster resolution
More control over the outcome

However, both parties should fully understand their legal rights before agreeing to any settlement.

Protect your financial future

Property division can have long-term financial consequences that extend well beyond the divorce itself. An experienced Mississippi divorce attorney can evaluate your assets, explain how equitable distribution applies to your situation and help protect your financial interests while working toward a fair resolution.

Addressing tax obligations during probate in Mississippi

2026-06-19T00:29:46Z

Estate administration and probate proceedings involve fulfilling financial responsibilities as much as a person's legacy wishes. Personal representatives or executors usually need to fulfill any financial obligations incurred by the deceased party or their estate before they distribute the estate’s resources to heirs or beneficiaries. In addition to paying for end-of-life medical care and paying all probate costs, personal representatives often need to file tax returns and use estate resources to pay any taxes due. Personal representatives can face personal liability if they do not properly address tax obligations. What taxes may be due during the administration of a Mississippi estate?

Estates pay income and estate taxes

Mississippi, like most other states, does not currently collect an estate tax. Still, estates probated in Mississippi may owe federal estate taxes if the total value of estate assets is above the current federal exemption threshold. Any estate worth $15 million or more in 2026 may have an obligation to pay estate taxes. Even if the value of the estate is substantially lower than that threshold, income taxes may be due. A personal representative may need to use estate resources to cover any outstanding income tax obligations owed by the deceased party. The estate could owe income taxes as well. If the personal representative sells assets as part of the probate process, they may need to pay income taxes based on the amount of revenue generated once the sale generates $600 or more in income. Taxes can be a source of financial exposure if personal representatives fail to properly manage estate resources. Reviewing financial documentation with a probate attorney can help personal representatives fulfill their responsibilities.

When children refuse visitation

2026-06-12T08:02:29Z

Divorce and custody arrangements can be challenging for everyone involved, especially children. As children grow older, they may begin expressing strong opinions about where they want to spend their time and with whom. When a child refuses visitation, parents are often left feeling frustrated, confused or concerned about the potential legal consequences. These situations can be emotionally difficult and require careful handling to protect both the child's well-being and the parent-child relationship.

Understanding a child’s resistance to parenting time

A child's refusal to participate in visitation does not automatically change a court-ordered parenting schedule. Until a custody order is modified, both parents are generally expected to follow its terms even if that means going against the child’s wishes. This can place the custodial parent in a difficult position when a child strongly resists spending time with the other parent. There are many reasons a child may refuse visitation. In some cases, the resistance may stem from normal developmental changes, social activities or a desire for greater independence. In other situations, deeper issues such as unresolved family conflict, communication problems, anxiety or concerns about the child's safety may be contributing factors. Identifying the underlying reason is often an important first step toward finding an appropriate solution. Additionally, parents should avoid forcing the child to choose between parents or speaking negatively about the other parent. Courts generally expect parents to encourage a healthy relationship between the child and the other parent whenever appropriate. If visitation problems become ongoing, they may eventually raise concerns about parenting time interference, even if that was never the parent's intent. Documenting incidents, maintaining open communication and seeking professional support from counselors or family specialists may help address concerns before they escalate. In some situations, it may be necessary to request a modification of the existing custody arrangement if circumstances have substantially changed. When visitation disputes involve a child who refuses parenting time, obtaining legal guidance can help parents better understand their rights and responsibilities. A qualified professional can evaluate the situation, explain available options and help pursue a solution that supports the child's best interests.

Factors considered in Mississippi custody cases

2026-06-02T17:58:26Z

Parents who are going through a divorce will have to determine how to handle the parenting plan. This isn’t always easy, particularly if the parents have conflicting ideas about what’s best. It may be beneficial for parents in this situation to learn about what factors Mississippi considers when making decisions relating to child custody. The only priority of the court is to do what’s in the best interest of the child. This means that the court doesn’t consider personal preference, but considers matters related to the child’s safety, stability and well-being. Because of this, courts will heavily consider any issues related to abuse or neglect, but other considerations are also present.

Types of custody

Anyone dealing with a child custody case should understand that Mississippi child custody cases have to do with physical and legal custody. Physical custody has to do with where the child lives. Legal custody dictates who makes which decisions for the child. In Mississippi, physical and legal custody can be awarded in a variety of ways, including joint custody options for primary custody being awarded to one parent.

Considerations of the court

Mississippi courts consider a variety of factors when determining how to set up child custody arrangements. Many of these factors have to do with daily life, such as each parent’s caregiving role and each parent’s ability to provide consistent care for the child. Other factors that are considered include work schedules, community ties and the relationship between the parent and the child. Additionally, the court will usually consider how each parent will support the child’s relationship with the other parent. Child custody cases are highly personalized. It may be beneficial for parents who are going through this situation to have someone on their side who can assist with moving through the process.

Can family members’ behavior hurt your custody case?

2026-05-20T15:15:45Z

Family relationships can be a source of support during difficult times, especially when you are going through a divorce or custody dispute. Grandparents may help with childcare, relatives may offer a place to stay and loved ones may step in when life feels overwhelming. That kind of support can make a hard situation easier. But family involvement can also become complicated. When relatives start interfering with parenting decisions, creating conflict or affecting your child’s home environment, those issues may become part of a custody case. In Mississippi, courts focus on what will serve the child’s best interests, and in some situations, the behavior of family members can become part of that discussion.

How family members can create custody concerns

Custody disputes do not always involve just the parents. In many families, grandparents, relatives or others in the household may play a major role in a child’s daily life. That involvement can become a concern when it starts affecting the child’s relationship with a parent or creates instability at home. Some examples of behavior that may raise concerns include:

Speaking negatively about the other parent in front of the child
Interfering with visitation or parenting exchanges
Refusing to return the child after a visit
Creating unsafe conditions in the home
Encouraging the child to reject the other parent

Not every family conflict will affect custody. Courts will usually look at whether the behavior is affecting your child’s well-being or creating problems that go beyond a family disagreement.

Courts focus on the child’s best interests

Mississippi courts decide custody cases based on what will serve the child’s best interests. A judge may look at the child’s emotional well-being, stability and overall home environment when deciding what custody arrangement makes sense. That means the court will usually focus less on personal family conflict and more on whether those issues are affecting your child’s safety, daily life or relationship with a parent.

Support and interference are not the same thing

Family support can be a real benefit during a divorce or custody dispute. A grandparent may help with childcare, a relative may provide stability in the home or family members may step in during stressful times. That kind of involvement can help create consistency and support for a child during a difficult period. Problems can arise when family involvement starts crossing into interference. A relative who undermines parenting decisions, creates conflict during visitation or contributes to an unhealthy home environment may create issues that affect the larger custody picture.

When family conflict becomes part of a custody case

A custody case is not just about disagreements between parents in isolation. Courts may also look at the environment surrounding your child, including the role other people play in creating stability or conflict at home. If family involvement starts affecting parenting time, communication or your child’s well-being, those issues may become part of the broader picture a court reviews when deciding what arrangement serves the child’s best interests.