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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42824
Experience:  30 years as a family law lawyer .
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Ms., and I have a situation that sounds complicated, but

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Hi,Ms. Wilson, my name is***** and I have a situation that sounds complicated, but once you receive all the facts and break them down, I think it should be quite simple. I have received more than one answer on this subject. I hope you're the one who can clarify this for me, and my little granddaughter. I'm going to try my best to present the details of this ...child support case, as simply and plainly as possible, although it will take up a little time as some attorneys have said it's very simple, while others say not so much !
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I actually didn't mean to hit enter, that was a mistake ! Sorry. I'm in the state of MS, my husband is in the state of LA as far as I know. Should I finish this story, give more details, or what should I do since I pressed enter ? There is SO much to this case, and it's so very important to me. Thank you.
JA: Have you talked to a lawyer yet?
Customer: I have, 2 in person, and they both have different views. I've spoke to 2 on some legal sites on the internet also. I'm ready to get this all figured out and over with so my granddaughter and I can live a normal life. Me, anyway !
JA: Anything else you want the lawyer to know before I connect you?
Customer: Please. May I give you all of the pertinent facts now ?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask away here, be happy to help you tonight,thanks,

Customer: replied 2 months ago.
OK Mr. Ray. Did you understand what i'm asking you in the information I gave to the bot ?

Yes I am here please tell me about your situation here.Happy to help you tonight.

Customer: replied 2 months ago.
Since I'll most likely be paying $57 a month, I'd like to know first if you think you can answer my main question, based on MS law with the unlimited questions I have access to right now. If I start talking, it will wake up my little girl, and I don't want to do that this time of the morning !! Can you help me at all this way ?

Yes I just need to know what your question is and what state the orders are in etc.Thanks.

Customer: replied 2 months ago.
I've read the law myself, and if I read it right, I'm pretty sure I know the answer. I just need verification , then I'll need somebody to guide me through the court system.

So there was a divorce or custody in MS and you are in Louisiana?

Support case here out of MS?

Customer: replied 2 months ago.
Oh I see your response now. I am in MS, he's now in LA. The orders for custody are in MS. So will the divorce be.

Ok, ...

Customer: replied 2 months ago.
My granddaughter hasn't left my care and protection, ever.

And do you have legal custody, does the support go to you?

Customer: replied 2 months ago.
We right now both have legal custody, and there is no support. He's paid $300 in 3 years.

Have you tried state child support there in Louisiana.

You can apply here online, there is a very minimal fee, they will get support orders or contempt if needed.

http://dcfs.louisiana.gov/index.cfm?md=directory&tmp=home&nid=247&pnid=0&pid=0

Customer: replied 2 months ago.
I have not. There isn't a child support order in effect. I just recently decided to divorce him and either want him to help me financially with my baby girl, or take his name off of the custody papers which he refuses to do. He doesn't call her, see her or support her. I've done it alone. If I have to do it alone, then I don't want him on those papers. Or he should help me with her, e should have the same responsibilities and obligations that I have, He does nothing.

So you can file for divorce, or if money is a problem you can get child support order now and divorce later.They will take a married mother here.

It is $25 a real bargain here.

Applicants who do not receive FITAP, KCSP, or Medicaid may be required to pay a non-refundable application fee of $25.00.

If a paper application is submitted, the $25.00 fee may be paid by a cashier's check or money order made payable to DCFS (Department of Children and Family Services). For identification purposes, please include your name, address, and SSN on the payment instrument and mail it to the address of the Louisiana Child Support Office in your area.

Online applicants will be provided with application fee payment instructions upon completion of the application. While the $25.00 application fee may be paid by cashier's check or money order, as with the paper application, online applicants also have the option of paying the application fee by credit or debit card (Visa or MasterCard only )

Please note that an application cannot be processed until the application fee 1s received and the fee must be postmarked within 30 days of submitting the application

Application fees are nonrefundable.

You can file for divorce here in Louisiana.

In order to file your Petition for Divorce in Louisiana, you must make sure the Judicial District Court has jurisdiction over your case. ... The filing spouse must be a resident for at least 12 months prior to filing. The divorce shall be filed in the parish in which either spouse resides.

Divorce Support - Louisiana Divorce Residency Requirements

Customer: replied 2 months ago.
I have filed for divorce, it's supposed to be final in October 2017. So, since I;ve already done that, He is supposed to pay me support as long as I am raising her alone. I'm a single parent, not single mother, if you understand what I mean.
Customer: replied 2 months ago.
I live in MS, that's where I filed. I've been here about 10 yrs now.

So if there are support orders and he hasn't paid your next step is to file for contempt.A motion for contempt here to enforce the orders.Other party can be jailed or fined.

Mississippi is an equitable distribution state. Case law has identified marital property as all property earned during the marriage, regardless of the source or which party earned it, with the exception of property that was acquired by one of the parties by gift or inheritance and has been kept separate from the other party and other property that is marital in nature.

In addition, there is a presumption that the contributions of both spouses to the accumulation of property during the marriage are to be presumed equal. This includes the contributions of a homemaker.

The courts may consider the following guidelines when determining division of property:

  • Substantial contribution to the accumulation of the property, whether it be a direct or indirect economic contribution, contribution to the stability and harmony of the marital and family relationships as measured by quality and quantity of time spent on family duties and duration of marriage, and contribution to the education, training or other accomplishment bearing on the earning power of the souse accumulating the assets;
  • The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of these assets by agreement, decree or otherwise;
  • The market value and the emotional value of the assets subject to distribution;
  • The value of assets not ordinarily subject to the distribution, such as property brought into the marriage by the parties and property acquired by inheritance or gift by or to an individual spouse;
  • Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
  • The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
  • The needs of the parties for financial security with due regard to the combination of assets, income and earning capacity; and
  • Any other factor deemed equitable by the court for consideration of property distribution.

If the parties provide by written agreement for the settlement of any property rights between the parties and the court finds that these provisions are adequate and sufficient, the agreement may be incorporated in the judgment, and the judgment may be modified as other judgments for divorce.

upport:

Mississippi uses the Percentage of Income Model in determining child support obligations. It is based on the paying parent’s monthly adjusted gross income (AGI) and the number of children for whom support is being ordered.

The AGI is determined by totaling gross income from all potential sources that may reasonably be expected to be available to the absent parent, minus the following deductions:

  • Federal, state and local taxes;
  • Social security contributions;
  • Retirement and disability contributions except any voluntary retirement and disability contributions;
  • If the absent parent is subject to an existing court order for another child(ren), subtract the amount of that court-ordered support; and
  • If the absent parent is also the parent of another child(ren) residing with him/her, the court may subtract an amount that it deems appropriate to account for the needs of the child(ren).

The total annual amount of the AGI is computed and then divided by 12 to obtain the monthly amount of AGI.

When the obligor’s monthly AGI is more than $50,000 or less than $5,000, the court shall make a written finding in the record regarding whether or the guidelines are reasonable. Otherwise, the following schedule applies:

  • 14% for one child;
    20% for two children;
    22% for three children;
    24% for four children; and
    26% for five or more children.


The court presumes that the amount of support determined by the established guidelines shall be just and appropriate. To overcome this presumption, it must be found that the application of the guidelines would be unjust or inappropriate in a particular case, as determined according to the following criteria:

  • Extraordinary medical, psychological, educational or dental expenses;
  • Independent income of the child;
  • The payment of both child support and spousal support to the receiving parent;
  • Seasonal variations in one or both parents’ incomes or expenses;
  • The age of the child, taking into account the greater needs of older children;
  • Special needs that have traditionally been met within the family budget even though fulfilling of those needs will cause the support to exceed the proposed guidelines;
  • The particular shared parental arrangement, such as when the non-custodial parent spends a great deal of time with the children reducing the custodial parent’s financial costs, or the refusal of the non-custodial parent to become involved in the activities of the child;
  • Total available assets of the receiving parent, paying parent and the child; and
  • Any other adjustment which is needed to achieve an equitable result which may include a reasonable and necessary existing expense or debt.

When it’s proven that both parents have separate incomes or estates, the court may require that each parent contribute to the support and maintenance of the children of the marriage in proportion to the relative financial ability of each.

All orders involving support of minor children, as a matter of law, shall include reasonable medical support.

If a legally responsible parent has health insurance available to him/her through an employer or organization that may extend benefits to the dependents of that parent, any order of support issued against the parent may require him/her to exercise the option of additional coverage in favor of the children for whom he/she is legally responsible to support.

Whenever the court has ordered child support, but no bond, sureties or other guarantee has been required to secure the payments, and the support payments remain unpaid for a period of at least thirty (30) days, the court may, upon petition of the receiving parent, enter an order requiring that bond, sureties or other security be given by the paying parent, the amount and sufficiency of which shall be approved by the court. The obligor shall, as in other civil actions, be served with process and shall be entitled to a hearing in such case.

The duty of support of a child terminates upon the child’s emancipation, which occurs when the child does one of the following:

  • Reaches the age of 21 years;
  • Marries;
  • Joins the military and serves on a full-time basis; or
  • Is convicted of a felony and is sentenced to incarceration of two or more years for committing the felony.

The court may also determine that emancipation has occurred and no other support obligation exists when the child does one of the following:

  • Discontinues full-time enrollment in school having attained the age of 18 years, unless the child is disabled;
  • Voluntarily moves from the home of the custodial parent or guardian, establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of 21 years; or
  • Cohabits with another person without the approval of the parent obligated to pay support.
    The duty of support of a child who is incarcerated but not emancipated shall be suspended for the period of the child’s incarceration.
Customer: replied 2 months ago.
There are no support orders. I've had one lawyer tell me he doesn't have to pay me, and another said he should absolutely be paying me. The law can't be that ambiguous !

This would tell you about the child support you are due here in a divorce.You are due child support here.The court can order it as part of temporary orders or later as part of final divorce.It is enforceable by contempt here.

Customer: replied 2 months ago.
She is special needs. She needs to go to a special school, and that's where I'm having trouble. It's a little beyond my income. I told him and he said don't count on him to help pay for the school.

He's wrong, he has to pay in an amount set by the divorce court and keep paying beyond age 18 if the court decides it is needed.If you are awarded custody he absolutely has to pay child support.Not sure why anyone would tell you otherwise.It is that way in all 50 states including Mississippi.

Any lawyer telling you he doesn't have to pay child support is wrong and you don't want them.It doesn't work that way the court will award you child and maybe spousal support here as well.

Customer: replied 2 months ago.
OK !!!!! I think you just answered my question, and it makes perfect sense to me. I knew I needed a qualified lawyer, and that while my divorce lawyer was expensive, he didn't know one thing about child support. He said he shouldn't have to pay, only me, which made no sense. You have been a great help. May I continue to talk to you until this is settled as long as I pay my monthly fee ?
Customer: replied 2 months ago.
he was caught cheating, plus it seems like desertion would enter into it somewhere, doesn't it ?

I am so sorry you are having to deal with all of this.You must be a very special parent.

If you can rate 5 stars it is much appreciated.You can post for Ray only anytime you need help.

And yes all of this will enter into the divorce.

RayAnswers and 3 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you. I most definitely will rate you 5 stars. That's the best advice I've ot, and it's logical. He can't bail from a court order !! Thank you so much, you have a blessed day, and I feel quite sure we'll be talking again, next time via telephone. Again, thank you. Now, maybe I can sleep :-)
Customer: replied 2 months ago.
got

You too, talk to you again soon.