Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Melissa L Gardner-Ardoin
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 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 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 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.

1 Answer | Asked in Child Support for Mississippi on
Q: Can a parent be put on child support without a social security number
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 8, 2023

Your question is confusing. Whose social security number are you referring to…the child or the parent?

Once a person is determined to be the biological parent of a child, that person can be ordered to pay child support.

1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Child Custody for Mississippi on
Q: I agreed to give my in laws duralegal custody of my daughter a few years ago . how would I go about regaining custody
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 14, 2022

If your in-laws are in agreement, you and they will sign a joint petition and an agreed judgment. If not, you will have to serve them with a petition seeking custody. You will have to show a material change in circumstances adversely affecting your child that has occurred in their home…not that... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Family Law for Mississippi on
Q: Can a father in Mississippi take his 16 year old daughter to live out of state if she wants to live with him

Th child is living with her grandmother and on her hud housing she wants to go with dad mom doesn’t want her to go since it will ruin the benefits they get for her

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 11, 2022

It depends who has physical custody of the daughter by court order. If Dad does, then, yes, he can take her. If Mom or Grandmother do, then no. If there is no court order, then the question is open; however, this will necessitate filing an action in court to settle the issue.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it against the law to still power from another person home, without the home owner permission?

Person next door to our home. Plugged an extension cord from our outside plug. Then dragged the extension to their property and plugged in their camper trailer. All happened during the night. Once there was daylight, they unplugged the extension cord and dragged it back to their camper trailer.... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2022

Yes. This is illegal.

1 Answer | Asked in Child Support for Mississippi on
Q: If my children want to be emancipated to help me get off child support what are my options?

My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 4, 2022

Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can my husbands ex wife serve me his child support modification documents?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 28, 2022

The requirements for a process server are: 1. 18 years or older, 2. not convicted of a felony, 3. not a party to the lawsuit. So, the answer is yes, if the ex-wife meets these requirements.

1 Answer | Asked in Divorce for Mississippi on
Q: Does adultery have any persuasion in a divorce in Mississippi

A married female friend was caught having an affair. Does that mean she is entitled to nothing in a divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 23, 2022

No, it does not mean that she is entitled to nothing. The court can grant the divorce to the husband on the ground of adultery. The court will then move to apportioning the property, awarding custody, and setting support in accordance with the prevailing case law. That is not to say that the... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: How do u swap from joint custody too full custody?

My friend has join custody with her ex who lives in AL she is married and in MS now the child is 4 and was enrolled in school in MS but his parents and him have not returned her home after there week with her what can my friend do cause her daughter is missing school here in MS and they are keeping... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

Your friend should consult with an attorney as soon as possible about taking steps to have the child returned to her. Once the agreement is given full faith and credit in Mississippi, it can be enforced and modified here.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.