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My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... View More 
answered on Oct 21, 2021
You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.
I am up to date with my court ordered child support and no arrears.
answered on Oct 20, 2021
You will have to pay the support until you file a petition with the court asking that the support be terminated for the above reasons.
Where can I get a copy of his will?
answered on Oct 19, 2021
If the estate was not probated, then you will have to get a copy from whomever has it. If it was probated, a copy should be attached to the petition filed at the courthouse.
In 2017 my son's mother signed documents to take me off of child support. However they never stopped taking CS out of my check. Now the state of MS is coming after me for more money.
Do I have any legal recourse here? I'm being told that even though she signed those documents... View More
answered on Oct 14, 2021
Yes. She can refile for child support at any time prior to the child emancipating.
answered on Oct 11, 2021
Yes, they can. The best thing for you to do is get a driver’s license.
My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... View More
answered on Oct 10, 2021
Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... View More
Will this retirement be considered voluntary if it's for the 30 years which is the benchmark retirement year? I will be 55 years old at that time. I'm also in bad health with multiple issues with my spine and knee and severe anxiety.
answered on Oct 8, 2021
Yes, you can ask for a reduction of child support at retirement; however, it will not be rubber stamped. The court will look at several factors while making a decision to grant or deny your request, e.g. your age, your health, the reason for the retirement, your ability pay, whether you can/will... View More
answered on Oct 5, 2021
Yes. You are subject to be ticketed If you fail to do so.
answered on Sep 27, 2021
If it is a criminal charge, you have the file it in the county in which the crime took place. A warrant can be issued for the defendant, and he/she can be extradited from Louisiana (depending on how severe the charge) and/or if the person returns to Mississippi, he/she can be picked up while in... View More
What are the rights of the other parent in these instances?
answered on Sep 24, 2021
Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.
My mother has guardianship of my children and wants and is willing to give custody back to me. She lives in Neshoba County. Our Court has been handled in Simpson County because that is where me and my ex-husband resided when we got a divorce and that is where the child custody started. But, my... View More
answered on Sep 18, 2021
No. You must go back to the Court that issued the guardianship order to make any changes to it.
Incident occured in Hattisburg, MS.
answered on Sep 17, 2021
Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... View More
My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she... View More
answered on Sep 17, 2021
I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is... View More
I know there is no standard guide in Mississippi hence the question, but surely there’s an average the court often uses here. Has proposed amt, if is way off I hire Atty if not I don’t need to.
answered on Sep 17, 2021
Division of assets in a divorce action in Mississippi is governed by caselaw such as Ferguson v. Ferguson. You will not find an average percentage used to divide assets. The Court takes into account such things as when and how the property was acquired, who maintained the property, how was the... View More
Debt collection agency pulled from my account several times, and then called to tell me that there would be a bench warrant issued against me should the card decline again.
answered on Aug 7, 2021
Not unless you are attempting to use someone else’s card without permission.
I just received a "Probable Cause Citation" on Friday letting me know that “someone” is charging me with, "Impersonating Another Person On Internet". I do have a 3-4 clues/suspects of who “I think” is charging me of this, but don’t know for sure.
How do I find... View More
answered on Aug 7, 2021
I’m not sure what you are referring to as a “probable cause citation.” Go to the court that is handling the citation (probably justice or municipal court) and ask to see the file so that you can make copies. The affidavit will be in the file.
answered on Aug 4, 2021
Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... View More
Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.
answered on Aug 1, 2021
You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.
and is not eligible for expungement. This clearly says it's a misdemeanor. I'm very confused. Can you tell me which it is?
answered on Jul 29, 2021
Hindering prosecution is a felony in Mississippi; however, it is not one of the listed felonies ineligible for expunction once certain elements have been met. You must have paid all fines, assessments, and restitution ordered. You must have served all of the time ordered. Five years must have... View More
If I was found not guilty in a trial can I contact a member of my jury to ask questions about how they came to not quilty?
answered on Jul 27, 2021
Why would you want to do that? It is sometimes better to leave well enough alone. It can be viewed as harassment or an attempt to intimidate.
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