Posts Tagged ‘Child Support Guidelines’
Wednesday, July 6th, 2011
by Chris Palmer
The laws and procedures concerning the enforcement of child support orders greatly favor the person receiving the money. But there are defenses.
Normally, the person receiving child support simply alleges that child support was not properly paid and then it becomes the obligation of the payor to prove that payment was made or to prove a valid defense. If payments were properly made, then the contempt action is dismissed. If payments were not made, the person paying must prove a recognized and valid defense to the allegation of nonpayment in order to avoid being held in contempt of court.
One of the main defenses to a charge of contempt (other than proving payment) is that the nonpayment is based on an inability to pay the child support. There has to be a genuine inability to pay and not a situation where the paying party overextended themselves through frivolous spending. This means that the party must spend money on only basic needs and then apply everything else to the child support payment. A defendant that claims inability to pay but on cross examination reveals the amount of money spent of non-necessities (beer, cigarettes, etc.) often leaves the courtroom in handcuffs.
Ambiguity in a child support award can also be a valid defense. For example, a court order that requires a person to pay “14% of their monthly income” would be unenforceable and too ambiguous since it would be subject to multiple interpretations. Support awards should contain a specific dollar amount in order to avoid ambiguity in interpretation.
While there are other valid and acceptable defenses, the best defense is to avoid getting behind in the payment of child support in the first place. Finding yourself on the wrong side of a contempt complaint can result in incarceration, wage garnishment and having to pay the other party’s legal fees. If finances create the necessity of a “financial juggling act” when monthly bills come due, it is far better to not pay a credit card bill than it is to not pay child support.
Tags: Brandon Divorce Attorney, Brandon Mississippi Divorce Lawyer, Child Support Guidelines, Contempt of Court, Jackson Mississippi Divorce Lawyer, Jackson MS Divorce Lawyer, Mississippi Child Support, Mississippi Child Support Collection, Mississippi Divorce Attorney, Mississippi Divorce Law, Mississippi Divorce Lawyer, Rankin County Divorce Lawyer
Posted in Child Support, Collection | No Comments »
Thursday, June 23rd, 2011
by Chris Palmer
When child support payments are set by court order and there is a desire to either increase or decrease the amount of the payments, the person seeking the change must show that a substantial and material change in the circumstances of either the parents or the child has occurred since the date of the child support judgment. The process is begun by the party seeking the modification filing a Complaint for Modification and having it, along with a summons and court date, served on the defendant. In reviewing a request to change the child support amount, the court considers the increased needs of older children, higher expenses, a child’s medical needs, the parents’ financial situation, the health and needs of the parents, the monthly living expenses of the party ordered to pay child support, the parents’ tax obligations, the respective costs of each party’s residence and any other facts and circumstances the court considers relevant. However, the most common reason for either party seeking a change in child support amount is a change in the payor’s income.
A modification cannot relitigate issues already decided in the original decree. Modifications must be based on facts that occurred after the court established the original child support order. If you were not satisfied with the original order then the remedy was to ask the court to reconsider and/or appeal the decision, but there are strict time frames in which that must be done. Also, the change in circumstances sought to be used as the basis for a change in child support amount must be unanticipated at the time of the original decree.
Lifestyle decisions cannot be used to justify a child support modification. For example, a payor cannot purchase a new car and then claim he should pay less child support because the car loan is too expensive. Additionally, a payor cannot have child support reduced because he or she decides to have more children.
Typically, a modification is brought because the person receiving child support discovers that the payor has received an increase in pay. If so, a substantial increase in pay will justify a modification with the court considering the child support guidelines. Likewise, if a payor receives a substantial decrease in pay, a downward modification may be appropriate. However, if the payor created the decrease in pay, the situation may be a little more difficult to address because courts are traditionally reluctant to take child support away from a custodial parent simply because the payor wanted to take a lower paying job. In those situations, the court is likely to pay close attention to the motivation behind the payor’s actions.
If a modification is sought, it is important to act quickly because a modification is generally only effective from the date of the complaint to modify (at the earliest) or the date of the court order modifying the amount.
Tags: Brandon, Brandon Divorce Attorney, Brandon Mississippi Divorce Lawyer, Child Support, Child Support Guidelines, Child Support Modification, Irreconcilable Differences, Jackson Mississippi Divorce Lawyer, Mississippi Child Support, Mississippi Child Support Collection, Mississippi Divorce Attorney, Mississippi Divorce Law, Mississippi Divorce Lawyer, Modification, Rankin County Divorce Lawyer
Posted in Child Support, FAQ, Modification of Child Support | No Comments »
Friday, November 19th, 2010
by Chris Palmer
This isn’t really divorce related, but worth addressing. Wesley Snipes looks like he’ll be spending the next few years in prison for tax evasion. He was convicted of tax evasion but while he appealed the conviction he was out on bail. Now that the appeal is concluded, so is his freedom, at least for a while. While Snipes intentionally sought to evade taxation, and will pay a heavy price, normal people can find themselves with a financially devastating tax situation if they neglect their taxes. While not a criminal offense normally, failing to file returns or to pay the required tax results in penalties and interest and a debt collector that you really can’t hang up on. In the middle of a divorce, the last thing a divorcing person needs is delinquent tax debt. File your returns, pay your taxes and avoid significant financial consequences. Remember – the IRS will still be married to you even if your spouse is not.
Tags: Alimony, Brandon Divorce Attorney, Chancery, Child Support, Child Support Guidelines, Collection, Financial Security, Financial Statements, Habitual Cruel and Inhuman Treatment, Irreconcilable Differences, Jon and Kate Plus 8, Mississippi, Mississippi Code, Mississippi Custody, Mississippi Divorce Lawyer, Paternity, Rankin County Divorce Lawyer, Restraining Order, tax, Visitation, Withdrawal
Posted in General | No Comments »
Thursday, August 5th, 2010
by Chris Palmer
The typical scenario when a spouse learns that the other has done something that destroys the marriage is that the innocent spouse meets with a lawyer, who guides the spouse through the divorce process. Occasionally, though, you find that while listening to the “outrage” that a client expresses over learning that their spouse has had an affair you also learn that your “innocent” client has also been having an affair. So what do you do if a client wants a divorce but both spouses are committing adultery? An agreed resolution on the ground of Irreconcilable Differences would be the preferable outcome, but litigation may be the only option in some circumstances.
The Mississippi Supreme Court recently addressed a similar scenario in Jenkins v. Jenkins. In Jenkins, the court was faced with a situation where the lower court granted a person a divorce on the ground of Habitual, Cruel and Inhuman Treatment. The guilty spouse tried to defend the charge by claiming the defense of “recrimination”, which is a common-law defense that states if each party proves a fault ground for divorce then neither is entitled to a divorce. The defense of recrimination has been altered by Miss. Code Ann. 93-5-3, which allows a court to grant a divorce, even if both parties prove a fault ground for divorce, by determining which spouse’s actions constituted the proximate cause of the destruction of the marriage. The Mississippi Supreme Court determined that although the wife admitted committing adultery, the trial evidence showed that the husband’s habitual, cruel and inhuman treatment was the cause of the divorce, not the wife’s adultery, and that the lower court properly denied the husband’s recrimination defense.
Although a scenario where both parties are committing actions that constitute divorce grounds is not the preferable situation, a spouse may still be able to obtain a divorce without his/her spouse’s consent if the facts are supportive. If you find yourself in this situation, speaking with an attorney to help analyze the proximate cause of the destruction of the marriage very early on is vital.
Tags: Adultery, Attorney, Brandon, Brandon Divorce Attorney, Brandon Mississippi Divorce Lawyer, Chancery, Child Support Guidelines, Custody, Desertion, Divorce, Divorce Grounds, Habitual Cruel and Inhuman Treatment, Irreconcilable Differences, Jackson Mississippi Divorce Lawyer, Mississippi, Mississippi Custody, Mississippi Divorce, Mississippi Divorce Attorney, Mississippi Divorce Grounds, Mississippi Divorce Law, Mississippi Divorce Lawyer, No-Fault Divorce, Rankin County Divorce Lawyer, Recrimination
Posted in Grounds for Divorce | No Comments »
Friday, October 23rd, 2009
by Chris Palmer
In Mississippi, a decision on which parent is awarded custody of children is a complicated process that involves the consideration of a number of very important factors, some of which are more important than others. The factors are commonly referred to as the “Albright Factors” because they were set forth in the case Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). In Albright, the Mississippi Supreme Court held:
We reaffirm the rule that the polestar consideration in child custody cases is the best interest and welfare of the child. The age of the child is subordinated to that rule and is but one factor to be considered. Age should carry no greater weight than other factors to be considered, such as: health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary child care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship.
Marital fault should not be used as a sanction in custody awards. Relative financial situations is not controlling since the duty to support is independent of the right to custody. Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.
If you are involved in a custody situation or are thinking about filing for divorce, a review of the Albright Factors could assist you in undertanding what information is important to the judge. However, it is critical that you discuss your situation with an attorney immediately if you feel custody will be an issue. Failing to get sound legal advice as soon as possible could cause you to unknowingly engage in behavior that will hurt your ability to obtain custody.
Tags: Brandon Divorce Attorney, Brandon Mississippi Divorce Lawyer, Chancery, Child Support Guidelines, Court, Custody, Divorce, Jackson Mississippi Divorce Lawyer, Lawyer, Mississippi, Mississippi Child Custody, Mississippi Child Support Collection, Mississippi Custody, Mississippi Divorce Attorney, Mississippi Divorce Grounds, Mississippi Divorce Law, Mississippi Divorce Lawyer, Visitation
Posted in Child Custody, FAQ | No Comments »
Tuesday, August 18th, 2009
One of the most frequent issues in family law is that of a custodial parent’s concerns over how much child support he or she will receive. While the courts have the final say in determining the amount of child support, the Mississippi Child Support Award Guidelines are fairly easy to follow and working through the statute’s procedure often gives a paying spouse the assurance that the amount being considered is appropriate. Also, calculating a child support estimate early in divorce negotiations can often assist the parties in agreeing on a resolution.
The first step in the process is calculating the amount of monthly adjusted gross income. This generally is done by taking the gross amount of money earned in a month (which includes all earnings, even if paid in cash) and deducting from that the amount withheld for federal, state and local taxes as well as social security contributions. If the paying parent is required to pay child support for another child pursuant to a court order, then that amount should also be deducted from the monthly gross pay. If mandatory contributions to a retirement plan are made, then a deduction is taken for those contributions. (All of these mandatory deductions, including taxes and social security contributions, are most easily calculated by reviewing the payor’s W-2 form). Finally, if the paying parent is also the parent of a child living with him, then the court may subtract an amount that it deems appropriate to account for the needs of that child. The amount remaining (if calculated on a monthly basis) is the monthly adjusted gross income. If the calculations were done from a W-2 form then the net amount must be broken down into a monthly amount by dividing the net amount by twelve.
Once the monthly adjusted gross income is calculated, the next step is to multiply the monthly adjusted gross income by the correct child support percentage to come up with the amount of monthly child support. The percentages are:
1 child: 14%
2 children: 20%
3 children: 22%
4 children: 24%
5 or more children: 26%
There are some exceptions to these rules, but this summary should assist anyone who wants to take a shot at coming up with a ballpark child support calculation. It is important to remember though that the Court is the final authority over the amount of child support and it evaluates child support amounts carefully to make sure that the law is followed.
Tags: Brandon Divorce Attorney, Child Support, Child Support Guidelines, Divorce, Income, Mississippi Child Custody, Mississippi Child Support, Mississippi Child Support Collection, Mississippi Code, Mississippi Divorce Attorney, Mississippi Divorce Grounds, Mississippi divorce Joint Accounts, Mississippi Divorce Law, Mississippi Divorce Lawyer, Mississippi Divorce Tax Issues, Rankin County Divorce Lawyer, Taxation Issues in Divorce
Posted in Child Support, FAQ | No Comments »
