Mississippi Divorce Tips

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Some useful Mississippi Divorce Tips

  • Some grandparents are not permitted to petition for visitation rights as per subsection (1) of 93-16-3. If such grandparents desire visitation rights, they can petition the chancery court. If the court concludes the below mentioned facts, the court might grant visitation rights

    • The visitation rights of the grandparents are in the best interests of the child
    • The grandparents had created a viable relation with the child. Further, the custodian or parent of the child unreasonably denied the visitation rights to the grandparents

  • If the court detects that a defendant is wrong by not complying with an order of support, then the court (as defined in Section 93-11-153(a)) can order the licensing entity to suspend the license of the defendant

  • Consider a situation in which an individual is not complying with the order of support. In such a case, any licensed lawyer who represents the individual, who is a recipient of the support amount, can forward the name and record of accounting to the division to prove the arrearage

  • The term "Delinquency" means the following

    • The payments by a non custodial parent for child support that have been unpaid for minimum 30 days after the due payment date
    • The payments for the maintenance of a partners that have remain unpaid for minimum 30 days

  • The court concludes that a partner is "out of compliance with an order of support" in the following conditions
  • When the obligor is 30 days delinquent or in arrears with respect to payments in full for present support or in case of periodic payments on a support average

  • It may happen that in order to avoid payment of child support to an obligee or department (on behalf of an obligee), the obligor may transfer income or property. This is titled as "fraudulent conveyance of assets." Information regarding this is stated in Section 15-3-3, Mississippi Code of 1972. In such a case, the obligor has to pay a specific amount of money as fine

  • If the determination of parentage is pending and a party might make a motion requesting temporary support. In such a case, one of the following two may occur

    • The court might make written findings of fact on the record that in this particular case, the award of temporary support would be inappropriate or unjust
    • If there is clear and convincing proof of paternity on the basis of genetic tests or any other proofs, temporary support might be ordered

  • When the child is emancipated, the duty of child support ends. The court might conclude that emancipation has taken place and there is no other support obligation in the following conditions

    • The child marries, or
    • The child completes 21 years of age, or
    • Before attaining 21 years of age, the child discontinues full time enrollment in school and procures full time employment
    • Before completing 21 years of age, leaves the residence of the custodial parent or guardian and makes independent living arrangement as well as procures full time employment

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