Divorce Alimony in Mississippi
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In the past, one spouse (usually the wife) was financially dependent on the other (i.e. the husband). Presently, it is observed that both the husband and wife earn money. Along with time, the objective of alimony has evolved. The prime motive is to retain the standard of living of both spouses that had existed in the marital life.
Guidelines for determination of Divorce Mississippi Alimony
The Supreme Court in this state has listed 12 points that must be contemplated upon by the court prior to giving a judgment for alimony.
- Whether any partner was involved in wasteful dissipation of the marital assets?
- Has there been any past record of misconduct or fault in marital life?
- After the spousal support order would be enforced, what would be its consequences on the tax to be paid by each partner?
- The standard of living of the spouses during the marital life, as well as at the moment the spousal support was determined
- The age of both the partners
- Whether minor children are present in the house? If yes, is it necessary that one or both spouses either disburse or personally offer child care
- The duration of marital life
- The assets and obligations of both spouses
- The requirements of both parties
- The earning capacity and health of both partners
- The income earned and expenditure incurred by both spouses
Types of Divorce Mississippi Alimony
Lump sum alimony
- This is a fixed and final dollar amount
- It is disbursed as a single payment or over some period of time
- The court does not alter this amount after it is originally granted
- If either spouse marries or dies in the future (i.e. after divorce), there is no alteration in the alimony
Periodic alimony
- This may be modified at any time
- It is terminated if the recipient spouse cohabits or remarries or either spouse dies
Failure to pay Mississippi Alimony
If the payer spouse does not disburse the alimony payment, the court can resort to some action as stated below.
- Issue of a contempt of court ruling against the payer spouse
- The posting of a ne exact bond
- Obtaining a lien on the property of the payer
- Garnishment of the payer's salary
It is advisable that the recipient spouse maintains detailed records of all received payments. This is very useful when the step of recovery of unpaid alimony, is being executed.
Modification of Mississippi Alimony
- Both the husband and the wife may issue a petition to the court to alter the amount of periodic payment alimony
- Let us assume that the payer spouse has willfully altered his financial condition to force modification and prevent payment. For example, the payer may quit his/her job. This is not permitted by law
- However, the court acknowledges any emergency conditions or special hardships of the payer. If these are reasons, then the court might decrease the alimony payments or relieve the payer spouse from the obligation
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