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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Criminal Law for Mississippi on
Q: When I got convicted in 2015,an the HB 585 already passed can the judge take upon himself to sentence me to the 2013 law
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 21, 2022

You were sentenced pursuant to the statute that was in place at the time the crime was committed. The new statute does not apply to crimes committed before it was signed into law, unless it specifically states that it is to be applied retroactively.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Is felony domestic violence a violent or non violent charge?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 16, 2022

Domestic violence is a violent charge. However, the court that you are dealing with may have a list of charges that are considered violent for sentencing purposes.

1 Answer | Asked in Divorce for Mississippi on
Q: Can couples choose to not split their 401k in a divorce if both parties are fine keeping their own?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 10, 2022

Spouses going through a divorce can choose to dispose of their money and property any way this wish in a divorce. The court may step in to make inquiries if their is evidence that an unrepresented party. If being defrauded, but that is rare.

1 Answer | Asked in Child Custody for Mississippi on
Q: If a child age 7 mother dies and the father is incarcerated, can the grandmother get legal guardianship?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 8, 2022

Yes, but she will have to petition for guardianship in the chancery court of the county where the child lives.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I live in Indiana. I bought land in MS. Since I won't be living there, do I have to register?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 7, 2022

It is difficult to answer this question because you do not say why you would need to register. However, if you are under a legal duty to register, you will need to follow the requirements of the State and Court in which you were convicted. The best thing for you to do is contact your probation... View More

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Around how much is the ticket
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 5, 2022

You will need to call either the Municipal Court or Justice Court listed on the bottom of the ticket and ask the Clerk’s office.

1 Answer | Asked in Child Custody for Mississippi on
Q: How difficult is it to modify physical custody in Mississippi?

Disregard request

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 2, 2022

You will have to file a Petition to modify the current order. If it is contested, you will have to show a material change in circumstances in the custodian parent’s home which adversely affects the the best interests of the children. If you ex agrees, it is a simple case of getting her to sign... View More

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have a court document stating “No child support ordered” in 2011- now 2021 she wants child support. Will I owe bk

Original court order states “ No child support”, but she has Gov. Assistants & now they are requesting Child Support, will they be able to go and get back child support?

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

If you have a court order that states you are not ordered to pay current support or an arrearage, then the State will not be able to collect back support from you.

1 Answer | Asked in Domestic Violence and Personal Injury for Mississippi on
Q: Do I need a lawyer as the victim of domestic violence, there’s evidence & my hearing was approved for court.

I was assaulted by my ex. I know he’ll have a lawyer present since he is currently in probation for a dui. I filed charges against him and went to a hearing for it. It got approved. A no contact order was established and a court date will be set. Would I need to get a lawyer ? I have evidence of... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 24, 2022

You will not need an attorney in this case. You are a witness for the State.

1 Answer | Asked in Child Support for Mississippi on
Q: Contempt action against my sons mother for unpaid child support over ten thousand. What is the typical outcome in court?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 24, 2022

The outcome will always depend on the Judge and the facts of each case. However, I can tell you that if child support is not paid as ordered then the Judge can order the back support paid, order the payor to reimburse attorney’s fees and any costs, order the payor to jail until the amount is... View More

1 Answer | Asked in Child Support for Mississippi on
Q: Married 5 months ago. Will I get stuck with his back child support. Ex is taking him to court for not paying all.

He worked a different job when he divorced the ex years ago. The job lost its contract. He now works a job making less. He got behind cs before we married.

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

You cannot be held liable for his child support obligation.

1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Mississippi on
Q: Will the irs take away my family houses and cars after my dad passes? He owed back tax everything is only in his name.

Basically he has two homes but he’s the only name on the homes and the cars we use. We finally opened his mail and he owes the irs a lot like over 50,000 in back tax.

He is in hospice and not mentally able to do anything like sign anything over or make a will.

I want to get the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 20, 2022

In order to transfer the titles and deeds of property to another’s name after the death of the title owner, the estate will need to be probated so that the Court can issue an order allowing the transfer. The IRS can, of course, seize property to satisfy the tax debt; however, the question is... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes over two years ago I was arrested for a possession meth charg of haven't been to court I haven't been indicted or an

I have been given an attorney or anything I am talking to anybody about it how long do I have it's been two and a half years how long do I wait to see if they're going to dismiss it or they're going to take me to court

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

The statute of limitations for felony drug possession is 2 years unless you have absconded from the jurisdiction or have otherwise hidden your location such that you could not be served with an indictment.

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Mississippi on
Q: What do I need to do when someone signed my name on a waiver?

My dad is in a nursing home and he has no idea what his wife has been doing with his affairs. She petioned conservatorship over him and I strongly believe she is the one who forged my name to document waive of jonder(?) I know I didn't sign anything cause she told no one what she was doing.she... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

You should file an objection to the waiver, which can be something as simple as stating that you did not sign the waiver filed with the court and that you object to the conservatorship. You should also contact the attorney representing your stepmother and appear at the time and place set for... View More

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I am trying to domesticate my divorce decree from AL to MS where I currently live. How can I do this?

I've been to the circut clerk office twice now. The second time I went back I brought several printed pages stating the MS codes for domesticating foreign judgments and they called me back to say they could not do that, I would have to open up a brand new case in MS. I am needing this done... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

There is no need to “domesticate” an Alabama marriage license in Mississippi. If the marriage is lawful in Alabama, Mississippi will recognize it. However, the test for filing a custody action in Mississippi has nothing to do with where the marriage took place. The question is where was the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes in to the state of Mississippi how long do they have to indict you
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

It depends on what crime you are accused of committing. Each crime has a statute of limitations; however, some have none. This question cannot be answered without knowing what the crime is.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My brother-in-law was murdered and the guilty party went free due to withheld information by the DA, what can I do?

The guy who killed my wife’s brother was tried and released because of lack of evidence. Later on it was discovered that the DA withheld evidence that would have found him guilty. Now he can’t be retried for the same case and my wife’s family don’t see any way to receive justice for the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

Unfortunately, if the suspect has been tried and acquitted, he cannot be retried. You could sue him civilly, but that would probably not do you any good as he is more than likely unable to pay any Judgment. It seems that the only justice for your loved one would be to work to have the DA voted out... View More

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What form do I file to child support case that's about to go to court
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 11, 2022

You do not provide enough information about your current situation to answer this question. I’m unsure as to what “form” you are referring to.

1 Answer | Asked in Child Custody for Mississippi on
Q: If my ex has custody but has recently admitted to my kids that he has a serious drug problem, can I get custody?

He's threatening to pack up and take them 1000s of miles away qhere u can't see them. I'm in a stable marriage, a stable home and 2 stable jobs. Both my husband and I. No drugs or alcohol in our home. They would be safer here but I can't afford a lawyer to fight him. What can I... View More

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

You will have to file for a modification of your current agreement or judgment and ask that the Court grant you custody. If you feel that the children are in danger due to the drug use, you can also contact CPS and make a report. If they find that the allegation has merit, they can remove the... View More

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