Archive for August, 2017
Saturday, August 12th, 2017
So often, I, like too many others, have sat idly by as we see the suffering of others.
Sadly, so many children are the innocent victims of abuse of a parent or step-parent. Our great state is riddled with thousands of children in foster care who have been neglected our even outright abandoned by their caregivers. This is the hand they were unfairly dealt in life through no fault of their own. They were brought into a sometimes cruel and often uncaring world. It has come time to give those children a fighting chance to become productive members of society. As a community, it is our duty and calling to provide all children with a fighting chance in this world. The Law Office of Matthew Poole is committed to doing our share in the fight for the children who are not able to fight for themselves.
Southern Christian Services for Children and Youth, Inc. is a faith-based, non-profit organization that was incorporated in 1988. Their motto is “Rebuilding Broken Lives”, which emphasizes a providing healing and assistance for children and youth who have experienced abuse, neglect and abandonment as well as adequately equipping them for a more positive and productive future. Their assistance to children is often the only viable lifeline for these vulnerable youth.
Since its inception, Southern Christian Services for Children and Youth has attempted to create services that fill a need rather than duplicate services already provided by other organizations. They operate the only statewide program of post adoption services that are designed to support adoptive and foster families. They provide Therapeutic Foster Care and Adoption program that serves children with special needs. They also run an Independent Living Preparation Program, which is the only Mississippi state-wide program reaching out to all teens in the Mississippi Foster Care System.
Beginning August 10, 2017, The Law Office of Matthew Poole is offering an incentive to those who wish to join the fight in helping these children. Any of our current or future clients who pledge $100 (one-hundred dollars) will receive a discount in the amount of $200. Any of our clients who pledge $150 will receive a discount in the amount of $300 (three-hundred dollars). Please give to this invaluable cause and receive a credit toward any of the various domestic legal services that we proudly provide. As Mother Theresa once urged, “Even when you cannot do great things, you can do small things with a great heart”. Please visit Southern Christian Services for Children and Youth online at scscy.org.
Not often does an opportunity come along where giving not only costs nothing, but is mutually beneficial for the one who gives. We thank you deeply for your caring. Your small contribution truly makes a difference in the life of a child.
Thank you and God Bless,
Matthew Poole, Esq.
Matthew Poole (601) 573-7429
Tags: Abandonment, Charity Attorney, Child Abuse, Child Charity, Child Neglect, Children’s Charity, Children’s Fundraiser, Christian Charity, Southern Christian Services, Southern Christian Services for Children and Youth Posted in Attorney Matthew Poole Announces Fundraising Drive for Southern Christian Services for Children and Youth | No Comments »
Sunday, August 6th, 2017
It is common for clients and perspective clients to hold onto the misconception that alimony is only available to a spouse when 10 years of marriage have passed. While the American Academy of Matrimonial Lawyers has issued specific recommendations for courts to award alimony, their guidelines are simply that: recommendations as to the availability of alimony by a requesting party. State laws still vary greatly in terms of whether a set minimum term of marriage is required to obtain alimony. Mississippi has recently begun to take into account a holistic view of the entire marital circumstances in determining whether to award alimony.
Chancery Courts in Mississippi will generally follow the parameters in our state’s seminal alimony case of Armstrong v. Armstrong which has been extensively discussed in our blog for several years. In a 2016 Mississippi Court of Appeals case, Farris v. Farris, No. 2015-CA-00835 ( decided October 4, 2016), the Court of Appeals, after applying a relatively basic Armstrong analysis, determined that a wife was due lump-sum alimony (although the court erred in mislabeling the alimony “periodic”, since there was a clear end date for the award it was deemed “lump-sum” alimony, but I digress from the major issue of importance).
The Chancellor in this particular case determined that the wife was entitled to alimony in spite of a relatively short six (6) year marriage. The court took several factors into an account in deviating from the generally accepted principal that short-term marriages do not permit awards of alimony of any type. The court took into consideration, 1. That the wife was heavily involved in the building of her husband’s business for 3 years prior to the marriage, 2. That the wife had nearly zero separate assets, 3. That the wife was elderly and had little earning capacity outside of any interest in her husband’s business and, 4. A division of marital assets was not entirely possible since the business was not able to be divided in a manner that would permit the business to remain viable. Interestingly, the court also upheld the couple’s prenuptial agreement which disallowed the wife to seek several aspects of increased value in the husband’s business.
It is always important to keep in mind that in instances where a marital asset cannot effectively be divided, Chancellors are permitted to use an award of alimony as a tool for equalizing the equitable division of property involved in the divorce. We can learn from recent Mississippi case law that Chancery Courts have broad discretion to award alimony, largely due to the subjective analysis which may occur through Armstrong and its progeny.
In short, do not make assumptions as to whether you or your spouse has the ability to make a valid alimony claim in divorce. An effective and skilled attorney is able to make an educated guess regarding the likelihood of an award of alimony. However, always remember that even considering the particular judge’s inclinations, the way the facts are presented to the court, and the respective earning capacities of the parties, there is no sure-fire way to make an absolute determination of the value of any potential alimony award. Results often vary wildly. It is important to hire a lawyer who has the experience to argue all of the facts of your case in a manner that will enhance your odds of achieving a favorable result.
If you are seeking alimony in the State of Mississippi or if you are defending against a spousal support claim made by your spouse, Matthew Poole has over 13 years of experience in obtaining the best possible result. Please contact us if you would like to discuss any alimony-related matter and rest assured we will turn over every stone, leaving none unturned, to your advantage.
Tags: Alimony, alimony amount, alimony attorney, alimony award, alimony lawyer, attorney, child, child custody, Divorce, divorce attorney in Jackson Mississippi, fault, grandchild, grandparent, hild custody, Hinds County Mississippi, Hire, hiring, importance, infant, irreconcilable, Jackson, Jackson MS divorce lawyer, judgment, lawyer, lump-sum, Madison County Missippi, marital account, marital asset, MS, no-fault, noncustodial, periodic, preference, Rankin, Rankin County Mississippi, requirement, rights, spousal support, tender, terminated, terms, visitation, when, years, young Posted in Myth: Alimony is only available to a Mississippi spouse who has been married 10 years or more. | No Comments »
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