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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: if child in MS don't further their education after high school and get a full time job do child support stop? if not why
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 13, 2024

If the child reaches 18 years old and either does not finish high school or does not go beyond high and does not get a job, then the Court can declare the child emancipated for the purposes of child support, which would then stop the child support payments.

1 Answer | Asked in Child Custody for Mississippi on
Q: Investigater lied on stand they said I took my child on burglary I never had burglary charge. They said neglect educati.

They lied on court papers .they just took my kid before they did any investigation. And then lied about him haven someone to go with .they said I neclected education. He is 12 in 6th grade. They are traumatizing me and my child . I was aressted then charges dropped. But there court papers say... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 28, 2024

What is your question?

1 Answer | Asked in Child Support for Mississippi on
Q: My ex doesnt receive the full amount I pay in why is it because she receives food stamps and medical through the state

The full amount I pay in child support

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2024

If she is receiving state benefits the State will take their portion. Just make sure you are paying what you are ordered to pay, and you will be ok.

2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 8, 2024

You need a Louisiana attorney. This is Mississippi.

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1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: In Mississippi, am I legally allowed to take my son out of the state either temporarily or permanently?

For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 5, 2024

Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.

1 Answer | Asked in Child Custody for Mississippi on
Q: What visitation does the step mom have for my ex being deployed. He has no custody of our 10&13 year old?

My ex husb just left for deployed and has sense accused me of parent alienation because I havent sent the kids to his very recently married wife. They married 3 days prior to him mobbing. I know in MS step parents don't have rights and I'm ok with them going over if the want too. My... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 24, 2023

The stepmother has no visitation rights. To send or not send the children to the stepmother for a visit is solely within your discretion. Your ex’s claim of parental alienation is without merit and meaningless.

1 Answer | Asked in Child Custody for Mississippi on
Q: I need to know about how to go about getting custody of my son

So my ex wife who me and my boyfriend were living with for about two months around this time last year along with my son she was pretty cruel to us she kicked us out so she could have my son and ever since then I have been begging her she slanders me I am also the birth mother I didn't abandon... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2023

Your case is far too complicate to adequately answer your question in this forum. Additionally, I don't believe you have provided all information necessary. For example: if there is no court order giving your ex custody, and you are the birth mother, you could possibly gain assistance from... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Mississippi on
Q: If I voluntarily sign my parental right away can I go back and fight for them later on
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 18, 2023

No. A termination of parental rights is final and forever.

1 Answer | Asked in Child Support and Divorce for Mississippi on
Q: Is my 20 yr old a minor under MS law in my divorce papers?

For my 20 yr old full-time college student, I receive child support through the state and estranged husband maintains health insurance for her and 23 yr old son. Do Iist the 20 yr old as a minor as the MS age if majority is 21?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 8, 2023

A 20-year old is a minor in Mississippi.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Speed ticket Canton Parkway, yes guilty , I would like to pay the fine.

It’s been 20 days since ticket was issued the Canton Municipal Court still has no record. Court date is June 14 all I want is to pay the fine and move on i’m not contagious but they can’t tell me how much so How can I go about paying the fine? Can the police tear up a ticket and throw it away... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 26, 2023

If the Court has no record of the ticket, the officer hasn’t turned it in. You can’t pay the ticket until it is turned in and sworn to by the officer before the clerk or some other designated person. Continue to check back periodically to see if it has been turned in. If the officer doesn’t... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does child support still stand in Mississippi if parental rights were terminated in court and no visitation was granted

Maternal Grandmother has custody.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 17, 2023

Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Can I dropped charges on someone if the police filed them and not me ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2023

You will need to talk to the prosecutor about dropping the charges. The charges are brought by the State; you are a witness to the crime. It will be the prosecutor’s decision about a dismissal.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Get summons for court for possession of paraphernalia from two years ago drive said everything was his

Driver said every thing in the car was his they let me drive the car away didnt give me no citation or sign anything now two years later I get a summons

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 3, 2023

It sounds like you may have been served with a subpoena to appear as a witness. Look at the top section of the first page and see what the title of the document is.

1 Answer | Asked in Child Support for Mississippi on
Q: What should I do if I have a court order but have never received any support. My child is 18
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 14, 2023

You should hire an attorney and file a contempt action against him for failing to comply with the court order. You would ask for payment of the arrears, incarceration of the other parent, and reimbursement of attorney’s fees, court costs, and other expenses.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: This guy is paying child support and the mother of his child want let him see his daughter what can he do ???
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 10, 2023

The father should hire an attorney and file an action for visitation rights. If he already has court ordered visitation rights he should file a contempt action and ask the court to incarcerate the mother, reimburse attorney’s fees and costs, and enforce the previous order. Short of that, he is at... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If the state of MS pressed charges for DV against my husband on my behalf. Can I get them dropped?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 7, 2023

You will have to speak to the Prosecutor about dropping the charges. You are not bringing the charges against your husband; the State is. Several factors will come into play, e.g., the severity of the injuries, if any, the circumstances of the assault, the history between you and your husband, your... View More

1 Answer | Asked in Divorce for Mississippi on
Q: In the state of Florida is there such a thing as alimony been in a relationship for 40 years not married
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 31, 2023

You will need to redirect your question to an attorney licensed in Florida.

1 Answer | Asked in Divorce for Mississippi on
Q: Is Mississippi a Property Title State in Divorce? The spouse who holds title to any property, retains the property?

Whether it is Real Estate, an Automobile, etc. Does the spouse who holds title retain the property in divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 29, 2023

Mississippi is an equitable distribution state. The name on the title does not determine who will ultimately end up with the property. The Court will look at the Ferguson factors to make the determination.

1 Answer | Asked in Adoption and Juvenile Law for Mississippi on
Q: Can I be adopted without parental consent?

I am 16 living in MS. My parents are non-abusive but I can not stand living with them anymore. Is there a way I can put myself up for adoption without parental consent?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2023

No. You cannot put yourself up for adoption, and you cannot be adopted without the consent of both of your parents, unless a Court has terminated their parental rights.

1 Answer | Asked in Child Support for Mississippi on
Q: If my baby mother gets an apportionment of my VA disability check isn't that considered child support

She get a check on the first of every month

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 9, 2023

The quick answer is that the money taken from your disability money in the name of your child is child support. You do not say if there is a court order in place and, if so, what it says. That information is necessary to say whether the apportionment satisfies any directive from the Court.

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