Mississippi Divorce Laws

Mississippi Divorce Laws regarding child support

In this state, the Income Shares Model is used to calculate the value of child support. Initially, there is need of proof that both parents have different estates or incomes. The ratio of the relative financial capacity of both parents is determined. The Court might pass orders that each parent should input money for the maintenance and support of the children of the marriage in this calculated ratio. When the parents liberate their child, the responsibility of support of the child ceases to exist. The rules regarding child support are given in Title 93 Section 93-5-23 of the Code of the State.

Mississippi Divorce Laws regarding child custody

When the parents fail to mutually accede over the issue of child custody, the Court takes its decision according to what it feels is the best interest of the child. Gender is not considered in deciding whose custody is best suited for the child. Before issuing order for custody to both parents jointly or either parent, the Court expects that the parents should present a plan to execute the order of custody. When the issue of custody is a disputed one and a parent has a past of committing family violence, then the Court has a rebuttable presumption that it is not in the best interests of the child and is harmful to the child to be placed in joint physical custody, joint legal custody and sole custody of such a parent. Title 93 Section 93-5-24 of the code of this state forms the basis of child custody issues.

Alteration of name

This state has no laws that directly deal with the alteration of the name of a partner after divorce. However, every divorcing partner reserves the right to make a petition in the court for a change of name.

Spousal support

The Court has the authority to order spousal support to the husband or to the wife and additionally any allowance that either of them may be entitled to. For the payment of the sum so permitted, their may be a need to submit sureties, bond or other guarantees. Section 93-5-23 and 93-5-1 of Title 93 of the code of this state is dedicated to spousal support.

Property distribution

This state believes in equitable distribution of property. It separates property depending on the title of the property. The property which is titled in the name of the husband or the wife solely is retained by the husband and wife respectively. The property which has joint titles is separated by the Court in an equitable manner. The distribution of property is determined by the judge, if the property settlement is disputed.

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