Category Archives: Divorce Law Cases

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Factors for spousal support or alimony in Mississippi:
In Armstrong v. Armstrong, 618 So. 2d 1278, 1280 (Miss. 1993), the Mississippi Supreme Court outlined twelve factors that must be considered by a chancellor in arriving at findings and entering a judgment for alimony. These factors are:

1. the income and expenses of the parties;
2. the health and earning capacity of the parties;
3. the needs of each party;
4. the obligations and assets of each party;
5. the length of the marriage;
6. the presence and absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide child care;
7. the age of the parties;
8. the standard of living of the parties, both during the marriage and at the time of the support determination;
9. the tax consequences of the spousal support order;
10. any fault or misconduct;
11. wasteful dissipation of the assets by either party;
12. any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support. 

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Child support is generally awarded during a divorce, paternity, separate maintenance or custody action.  Mississippi child support statutes provide guidelines for noncustodial parents using the percentage of his or her adjusted gross income (gross income minus mandatory deductions) to determine payments.  The percentages are as follows:

[1] 14% for one child;
[2] 20% for two children;
[3] 22% for three children;
[4] 24% for four children; and,
[5] 26% for five or more children.

The statute presumes that the guidelines are correct for individuals with an adjusted gross yearly income between $5,000 and $50,000. The court may award an upward or downward adjustment from the guidelines based on expenses of the parents, the needs of the children, or other particular facts of the case.

In determining child support payments, the court will consider an individual’s gross income from all sources. Part time employment Income would likely be included in gross income in Mississippi if the work is consistent and reliable.

After calculating gross income, the individual’s gross income is adjusted for taxes, other mandatory deductions (i.e. state tax with holdings) and support for other children. Statutory percentages are then applied to the adjusted gross income to determine the correct amount of child support. The court may order a lower or higher payment based on certain criteria.  The court may order payment of expenses not covered by child support payments such as health insurance, uncovered medical expenses, and college expenses.

The obligation to pay child support continues in Mississippi until each child reaches the age twenty one (21) or is otherwise emancipated.

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When a marriage deteriorates to the point that spouses are contemplating a divorce, the prospect of walking on eggshells while living under the same roof can be extremely unappealing.  Although moving out of the family home is advisable in certain situations, this step can have adverse consequences that flow from such a decision, so you should seek legal advice before relocating.  The decision to move out of the home can have an especially negative impact if you have minor children.  Mississippi divorce lawyer William Kellum III has provided an overview of issues that should be considered if you are contemplating leaving the family home while a divorce is pending.

De Facto Primary Caretaker Status for Children

When you leave your children with the other parent in the family home, you might find that the other parent is less than cooperative in letting you spend time with your kids.  If you have not obtained temporary custody and visitation orders or a written agreement with the other parent regarding such matters, your ability to spend time with your children might become extremely limited or non-existent.

Unless you take prompt action to obtain formal court orders, the other parent might function as the only caretaker for your children for a substantial period of time.  When the judge considers custody and visitation orders, your lack of contact and the other parent’s role as the sole caretaker could weigh heavily in a custody decision.

Although you might argue that the other parent refused to let you spend time with the children, the situation is likely to be a “he said – she said” dispute.  This contention will be particularly unpersuasive if you have waited months without filing for temporary orders.  The best option is to seek legal advice regarding filing for temporary custody or to obtain a written agreement from the other parent before moving.

Benefits of Preserving the Status Quo

The judge will weigh a range of factors when considering appropriate parenting time arrangements, but judges often try to minimize the change and disruption a child experiences during a divorce.  A status quo that involves keeping the child in the family home will be appealing to most judges.  While this does not mean that the parent who continues residing in the family home will be awarded primary custody or even allowed to remain in the family home, the decision of one parent to move out makes this a more likely outcome.

Costs of Maintaining Two Households with the Same Income

An increasing number of divorcing couples are living together throughout the divorce process and even after the divorce judgment because of tough economic conditions.  When a spouse moves out of the family home, the same family income now must be stretched to support two households.  The party who moves out often is the primary breadwinner who might find it difficult to obtain a comparable standard of living when obtaining a second residence.

Temporary Alimony and Child Support Obligations

If the higher wage earner remains in the family home, this spouse is presumed to be providing family financial support by covering mortgage payments, utility bills, groceries and the like.  Once the higher wage earner moves out of the residence, the party in the home can file for temporary alimony and child support.  The party who moved out might even be ordered to make payments on the mortgage subject to a credit when the property of the couple is equitably divided.  When these financial obligations are combined with the cost of maintaining two households on the same income that previously supported only a single household, the move might not be financially feasible.

Helping to Make a Difficult Process Less Stressful

Jackson divorce lawyer William S. Kellum III represents clients in the full range of family law matters, including divorce, alimony, child custody, child support and other family law issues in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.