Posts Tagged ‘Hinds’

Importance of a Father in the Home

Saturday, May 12th, 2018

Maintaining the family unit should be the number one goal of any mother and father. Even when going through a divorce, it is essential that both parents are just as involved in their child’s life as they possible can be. However, with divorce ever on the rise in the United States, an all too common consequence of parent’s separating can be an absence of the father in the home. This can mean a great deal of adversity for the children later on in life. Be it an increased risk of poverty or a higher chance of incarceration, living without a father puts a child’s life squarely at risk for all manner of difficulty.

Since 1960, the percentage of children living in two-parent homes has decreased dramatically from 88% down to 66%. This drop has been caused by many factors, but the most prevalent one is the rise in divorce. Across the nation, married couples are calling it quits and their children are stuck in the middle. Unfortunately, this increase in divorce has made some dads pack up permanently, leaving their ex-wife with the kids, and their kids without a father-figure. This can have an indescribable effect on the life of a child.

According to the Census Bureau, there are 24 million children in the United States, and one out of three of them live without their biological father in the home. Compared to children who live with both parents, these children are four times more likely to live in poverty, and two times more likely to drop out of high school. Combine these statistics with the poverty income level in the U.S. only being $12,140.00 a year, a child living in a single parent, fatherless home has to escape becoming another statistic just to overcome the odds already stacked against them.

Risks of poverty and lack of education aside, there is a darker and more horrifying concern of growing up without a father. One of the more striking statistics provided by the Census Bureau shows that 63% of youth suicides in the United States are performed by children of single-parent homes. This is an astonishing number. To put this data a different way, one of the only single identifying metrics that connects two thirds of all children from around the country that commit suicide is the fact that they are raised in a single-parent home. This alone shows the importance of why maintaining a two-parent household is integral in a child’s life.

Going through a divorce can be the toughest thing someone has to go through. Although most everyone would rather not split up their own family, it is often not that simple. When mom and dad cannot work it out, or even refuse to work it out, the child suffers. Custody battles can be the same way. When one parent refuses to let mom or dad be a part of their kid’s lives, it hurts the child most of all. If you want to be a part of their child’s life, but are struggling because of divorce, custody, or your spouse is refusing your rights as a parent, please do not hesitate to call us. The Law Office of Matthew S. Poole is well-seasoned to handle these types of situations and we would be happy to help.

Written by J. Tyler Cox, J.D., Class of 2018

Finances In A Divorce

Monday, May 7th, 2018

A person’s financial situation has more influence over day-to-day life than almost any other aspect. Finances influence our ability to enjoy certain luxuries that life brings. Money is also a very private subject. Almost universally, it is considered rude to inquire about someone’s finances in a social setting, and also viewed as arrogant to brag about money. Therefore, when a prospective client comes to our office seeking to initiate or defend a domestic lawsuit, they are often surprised at the level of financial disclosure that comes with that proceeding.

Finances indicate more than personal wealth. They are a good indicator of a person’s ability to hold down a job, ably manage their finances, and to provide security for their families. Directing your finances in a sensible way shows the court a certain level of maturity. Money is hard to earn, and easy to spend. In domestic litigation, especially when children are involved, courts take into consideration how the litigants have been able to soundly oversee their earnings.

A parent’s finances are a factor in child custody cases, and the financial situation of the parents is even included among the Albright factors that chancellors use in making a child custody determination. You can view an earlier post on our website about that factor as well as the other Albright factors through our website’s blog search function. This does not mean that chancellors will simply look at which parent makes the most money and award custody to that parent. It is but one factor to show that the person seeking custody is able to provide for the child as they need and deserve.

Income also plays a large part in the awarding of alimony or separate maintenance. If one spouse in a divorce makes much more money and the other party needs some financial assistance, courts will take that into consideration when deciding whether or not to avoid alimony.

One of the most important documents in domestic litigation is the 8.05 Financial Declaration, named for the Uniform Chancery Rule that requires certain financial disclosures to be made. This document lists a person’s income, assets, and liabilities. Having an ex-spouse be able to see that information can make clients uncomfortable, but they are important declarations to make in these cases. Chancery courts, which handle domestic matters, are courts of equity. This means that chancery courts attempt to resolve disputes in a way that is fair to both litigants and that avoids unjustly enriching one party over the other. These rules regarding financial disclosures can be a friend to those who follow them, and a foe to those who don’t.

Our office understands the uneasiness that comes with giving out financial information, but we also have the experience to know that following these rules can only help the court look favorably upon a party. For a person involved in domestic litigation, being able to show the capability to control their finances will go a long way in achieving whatever goal that person wishes to reach. If you or someone you know has a question about the financial reporting involved in a lawsuit, call the Law Office of Matthew S. Poole. We will be happy to lend our knowledge to give you a response that is the truth, and to help you navigate any domestic legal issue you may have.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

Parental Alienation: Why You Should Act Fast

Thursday, May 3rd, 2018

Pretty regularly at our office, we unfortunately have child custody cases where one parent continually makes derogatory remarks about the other parent in front of their child. This is one of the worst things a parent can do when wanting to obtain custody, especially when the child is not old enough to legally have a preference with which parent he/she would rather live with. What many parents do not realize is that a parent has an inherent duty to foster and facilitate the relationship between their child and that child’s other parent. Disparaging the other parent can not only hurt their case in the eyes of a chancellor, but it can also adversely affect the child. From a chancellor’s perspective, belittling the other parent in an effort to negatively impact the child’s relationship with them is wholly improper and unacceptable.

When the “brainwashing” of a child by one parent gets so bad that it manipulates the child into disliking or not wanting a relationship with the other parent, there is more than likely a case of parental alienation. Parental alienation is a term used by child custody lawyers and child psychologists alike to describe what happens in situations where a parent has made conscious efforts, by negative words or actions, to upset their child’s relationship with the other parent. An example of this would be where a mother has spoken badly about a father, made derogatory remarks about him, or even lied about him to the child, all in order to alter that child’s feelings towards his dad, so that the child would not want to live with him.

Other examples of behaviors that can cause parental alienation include one parent discussing details of the parent’s relationship, scheduling the child’s activities during the other parent’s visitation time, not informing the other parent the times of those activities in order for them not to attend, denying the other parent important school and medical records, and giving the child ultimatums encouraging them to pick one parent over the other. This type of behavior has major consequences, and if not addressed as soon as possible, can permanently destroy a child’s relationship with their parent. A child’s mind is very susceptible, especially to a person that they instinctively trust – as they would a parent. Prolonged exposure to this type of influence deteriorates little by little any chance of a relationship they might have had with one of their mother or father.

In years past, parental alienation issues could only be brought up when there was a non-disparagement clause in the custody order. This prevented parental alienation from being any more than a contempt issue. Now, however, chancellors in Mississippi consider disparagement through the parenting-skills factor under Albright. With disparagement now being a consideration in Albright, it constitutes a material change sufficient for modification of custody.

Isolating a parent from their child is serious, and in the end, it does more damage to the child than it does to the other parent. To put it plainly, parental alienation is a form of child abuse. Chancellors know this, that is why any hard evidence that a mother or father is molding their child’s emotions negatively toward the other is met with extreme prejudice. Absent neglect and endangerment, nothing can kill a parent’s chances of being awarded custody more than harmfully reshaping their child’s relationship with their mom or dad. If you believe that this is happening to you, or someone you may know, please give us a call. We have the expertise to handle parental alienation cases, and any of your child custody needs.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

What Should a No-Fault Divorce Cost?

Saturday, April 28th, 2018

For anyone faced with the daunting task of ending their marriage, the realization that legal obstacles can be more than expected is essentially inevitable. Divorce presents significant emotional turmoil for everyone involved, children no less. Often, we receive calls from prospective clients rightfully wanting an idea of the cost of severing marital bonds. The reality is that divorce costs hinge on a myriad of factors, including the extent that the husband and wife can agree on particular issues (visitation, alimony, custody, dissolving the marital estate, etc.), the jurisdiction, and the level of animosity between the parties. Succinctly put, there is no set price that applies to legal fees for a “generic” divorce. No such creature exists, however good advice does exist and that often will consist of attempting to place feelings to the side and compromise for the sake of yourself, your spouse, and the children of the marriage.

According to a 2016 publication by CBS News, Mississippi is the 5th cheapest state in the nation in which to obtain a divorce. CBS reported that Mississippi residents pay on average two-hundred and twelve ($212) per hour for divorce litigation, far less than the national average of two-hundred and ninety-four ($294) per hour. Although being one of the poorest states in the nation affords some relief to the prospective divorcee’, the lack of a true “no-fault” divorce mechanism can present serious obstacles where the parties are unable to agree on custody, support, property division, and the myriad issues attached to the financial obligations and abilities of the parties. We have opined as to the need for a true “no-fault” legal mechanism largely due to the frequency of a party holding a divorce hostage without a payout. We feel that this tactic is closely tantamount to extortion and therefore unfair, raising costs for all involved.

Nolo.com found in 2017 that the mean (most common as opposed to an average of all respondents) divorce litigant pays two-hundred and fifty ($250) per hour for divorce litigation. According to Nolo Legal, “A few people reported that they paid their attorney as little as $50 per hour, and a few reported paying as much as $400 to $650 per hour. But the vast majority paid between $150 and $350 per hour, with $250 per hour being the most commonly reported fee”. Furthermore, in the same study Nolo Legal determined that the average person paid fifteen-thousand five-hundred ($15,500) for divorce when factoring in both fault divorces (litigation) and agreed divorces (in Mississippi a.k.a. “No-Fault” divorce). Talk about sticker shock. This figure is brought down by the relatively low cost of Irreconcilable Differences Divorces (“No-Fault”). The average cost is certainly higher when the parties must litigate various issues due to an inability to compromise.

Where does this leave a divorcing spouse? In short, costs for an agreed/no-fault divorce are sufficiently lower than litigating the issues that affect the parties. In my experience, the average no-fault divorce will take between three (3) and ten (10) hours of attorney time. When the parties do not have children or own real-estate or a business, it is feasible to obtain a no-fault divorce for less than seven-hundred and fifty dollars ($750). Complexity and thus time/cost is directly related to the complexity and the willingness of both to agree to compromise. Do not waste a substantial amount litigating over emotion or vindication of right versus wrong. Often it is much easier to shelve any negativity toward your spouse in the interest of saving money. Any amount spent is better on the kids’ college fund or a much-needed vacation.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

Don’t Just Ask for a Restraining Order

Sunday, April 22nd, 2018

Have you been physically assaulted by your spouse or the father (or mother) of your child? Have you contacted the local police and other authorities regarding the abuse? Oftentimes children are the primary victim of their own parents’ hatred of one another. If your children have witnessed one or more incidents of physical abuse, they are likely viewed by Mississippi law as victims of abuse and neglect themselves and have multiple avenues of recourse. While courts with criminal jurisdiction such as Justice Court, County Court, and Municipal Courts are able to provide you with a peace bond or other means of restraining your spouse/opposing parent from the harassment and stalking that so often accompanies domestic abuse, they have severe limitations.

Unfortunately, the separation of powers between the various types of courts in Mississippi can present additional challenges to the actual victims of domestic abuse. Mississippi Chancery Courts are of limited jurisdiction of all matters set forth in §159 of the Mississippi Constitution of 1890. The State of Mississippi is comprised of twenty (20) Chancery Court Districts (see §9-5-3, Mississippi Constitution, 1890). There are six (6) specific subject-matter areas in which Chancery Court exercises exclusive, complete, and ongoing jurisdiction, including “All Matters in Equity” and “Minor’s Business”. “Equity” is an often confusing and misinterpreted term. According to Black’s Law Dictionary (Seventh Ed.), equity has a four part definition, the first two of which are particularly telling as to the depth and breadth of Mississippi Chancery Court subject-matter jurisdiction. First, Black’s asserts that equity is “Fairness, impartiality, evenhanded dealing”. Secondly, It is “The body of principles constituting what is fair and right; natural law”. Clearly equity isn’t a lucid concept, rather a notion that is reflective of available recourse as to principles of justice.

Victims of domestic violence are able to obtain relief from Chancery Court per the procedure set forth in Mississippi Code Annotated §93-21-3 as well as those governed by Mississippi Rule of Civil Procedure 65. As codified, the victim of domestic violence, married or unmarried, may go so far as to award the abused parent possession of the home or to require that the perpetrator provide adequate housing including utilities and other related expenses. Also, Chancellors are empowered by statute to encumber jointly held assets and make adequate provision for the care and support of minor children as well as the victim. Custody of the children, child support, and visitation are all within the realm of properly exercised equitable judicial discretion. Equity permits that Chancellors have broad authority in the spirit of protecting those who cannot protect themselves.

In short, Mississippi Chancery Courts are empowered by legislative proclamation to address a variety of issues that adversely affect children, as they too are considered victims of domestic abuse. Often it is assumed that a court other than Chancery Court is able to afford domestic violence victims some level of redress outside of the scope of a restraining order itself. However, as previously stated, the exclusive nature of Chancery Court jurisdiction as to “Minor’s Business” and “All Matters in Equity” precludes other arms of the judiciary from ordering such relief to victims.

The victim of domestic violence not only is afforded relief in various forms both equitable and by statute, but retains significant advantages in the determination of both temporary and physical custody. Mississippi Code Annotated §93-5-24 provides in pertinent part that;

“there shall be a rebuttable presumption that it is detrimental to the child and not in the best interest (i.e. in regards to the commonly cited Albright v. Albright factors) of the child to be placed in the sole custody, joint legal custody or joint physical custody of a parent who has a history of perpetrating family violence. The court may find a history of perpetrating family violence if the court finds, by a preponderance of the evidence, one (1) incident of family violence that has resulted in serious bodily injury to, or a pattern of family violence against, the party making the allegation or a family household member of either party. The court shall make written findings to document how and why the presumption was or was not triggered. This presumption may only be rebutted by a preponderance of the evidence.”

It is clear that victims, parents and children alike, are afforded significant protections from those who would harm them. Although the presumption that violence perpetrators are not proper custodians or decision-makers for a child may be overcome it presents a sufficiently robust obstacle to those persons who have been restrained, enjoined, or otherwise found civilly liable for home-trauma. To be clear, the ball is not in the abuser’s court. Our office is fully able to address all of the challenges that domestic violence creates.

If you or someone you care about is a domestic violence victim and is in need of an attorney with experience as to the best path forward, my staff and I are ready to provide you with the resources to obtain justice. Our office exclusively handles domestic litigation and is unlike so many other firms who lack the client base to remain focused on these matters. We have 14 years of experience in this sub-category of Mississippi law and the will, desire, and knowledge to ensure that equity will be done.

Matthew Poole is a Jackson, Mississippi domestic attorney who specializes in family litigation. He was admitted to practice in 2004.

No Law Degree Needed to Know What’s Fair

Wednesday, April 18th, 2018

Many lawyers will tell potential clients that immediate action is needed to protect their rights and that they need to file a lawsuit now. This is often correct, as claims often go stale and witnesses forget what they have seen. However, in domestic relations law, sometimes the best practice can be resisting the urge to file a lawsuit and go to war.

Chancery courts are courts of equity, which means that the chancellors of those courts will seek to rule in a way that is the fairest to both parties. This allows clients who are not familiar with the process of a lawsuit to do a lot of the ground work themselves or through their attorneys. You do not need a law degree to know what is fair. Our office often receives calls from potential clients who have not talked to the other party about the situation, when that actually may be the best course of action.

Of course, sometimes lawyers may be more aggressive about starting a case than they should be. The thought process is that maybe the other side will realize what an inconvenience a lawsuit is and will be open to settling. While this may work sometimes, it seems like an unnecessary step in getting to what’s fair. Those two parties who once shared a bond or perhaps still share a child can only benefit from at least trying to communicate about what is fair to make it easier on everyone involved.

If you believe that a lawyer you meet with seems hell-bent on filing a lawsuit to get you what’s fair, you may want to speak to a different lawyer. When you leave that lawyer’s office, you should not feel as though you must file a lawsuit or they will not help you. Some parties only need the advice from a lawyer to try to talk to the other person, and in most situations it is worth the time and effort to try that. Otherwise, the nasty back-and-forth of a lawsuit will drain the time, resources, and emotions of the parties.

The lawsuit is a great thing that allows Americans to seek redress of the wrongs done to them. However, this process can also be abused. In chancery courts, where equity is king, sometimes the best option is to talk it out. If you visit a lawyer who seems to not consider that an option, a second opinion may be just what you need. If you or someone you know is going through a situation like this, call the Law Office of Matthew S. Poole. We have the experience in these matters and will give you an honest answer as to all of your options.

Frontline Prospective On Child Custody Law

Friday, April 13th, 2018

Working under Matthew Poole, a saying that I hear almost every day in the office is: “if everyone was reasonable, child custody lawyers would be out of a job.” As the main individual who handles calls to our office, I can tell you from first-hand experience that this is true. Working in a family law office can definitely show you the bad side of good people, and the people that call our office are usually in situations where tempers and emotions are high. As the person in our office who handles the majority of these calls, my perspective is that there are things that people can and should do to both save money and to help their situation in the long run.

From the start of my employment here, I noticed some commonalities between the variety of different calls we would receive on a daily basis. The main commonality in every call that we have received is lack of communication between the potential client and the person they are having issues with. If I could give any advice to those in these situations it would be that communication is key. There are so many situations where if the two people could just put differences aside and start a conversation with one another, it would save them so much heartache and money. After an extensive case study on custody matters, our office has found that 25% of people agree to settle their case with the same agreement that was offered to begin with. This shows that if the two people could just communicate without getting attorneys involved, they would not waste thousands of dollars on litigation; giving them more money to spend on the child.

I understand that communicating in situations like divorce and child custody can be tough. But in those circumstances, particularly when children are involved, being able to talk to the other side is vital. For instance, being able to have an open dialogue with the other parent in a child custody case can and will make it easier to deal with them later on down the road. Even though it’s hard, it would be so beneficial for the children if their parents were able to talk and communicate with each other about the children’s needs. It’s not easy for someone going through something like this to shelf their emotions and be the first one to reach out and start a dialogue, but in all honestly it is the best course of action to resolve their issue. To put it simply, every dollar spent on a lawyer could be spent on the kids. Why waste resources on litigation when simple communication could resolve the issue and leave that money available for the child? Doing so would dramatically decrease stress and replace it with tranquility. Just remember, the happier that a parent is, the happier the child will be.

Price is certainly something that most potential clients are sensitive to, and therefore we encourage all of our clients to attempt to talk with the other side as much as possible. Communication can help iron out many of the problems present, and can lower costs greatly for both parties. We understand this can be tough in a situation where there was a falling out of a once caring relationship. Unfortunately, there are times where starting a conversation is next to impossible and getting an attorney involved is the only option. If you believe hiring an attorney is your only avenue of relief, call the Law Office of Matthew S. Poole. We will do our best for you when communication has broken down in your relationship to get you a fair result.

Written by J. Tyler Cox, J.D. Candidate, Mississippi College School of Law, Class of 2018.

Annulments: What They Are and What They Aren’t

Monday, April 9th, 2018

An annulment is an interesting way to sever a relationship that may resemble a divorce in some regards, but is actually quite different. Our office receives many calls asking how to get an annulment, when maybe that person only has divorce to look to for relief. While a divorce severs a valid marriage, an annulment states that the marriage in question was never valid for a reason that existed at the time of the marriage. Annulments can be difficult to obtain, as there are only limited circumstances in which a Mississippi court will grant one. Time plays a factor as well, as a suit for an annulment must be brought within 6 months after the ground for annulment is or should be discovered.

Mississippi law states that a marriage is deemed valid if there is solemnization (a ceremony) and a proper license. When two people decide quickly to get married without any input or help from others, these are easy things to gloss over, especially in the rush and excitement of saying “I do.” A “marriage” with only one of these requirements met will not meet Mississippi’s standards, and therefore a marriage was never legally formed.

Of course, certain marriage even with these requirements met may not be considered valid under any circumstances, as in the case of bigamy or incest to a certain degree, and does not have to be brought within 6 months of the formation of the “marriage.” Dissolving a marriage involving either of those grounds simply requires a petition to the proper court by either of the parties along with sufficient proof. The other grounds for annulment in Mississippi are incurable impotency, adjudicated mental illness or incompetence of one or both of the parties, the parties being too young, pregnancy of the wife by another person if the husband did not know of the pregnancy, or where a party’s consent to the marriage was achieved through force or fraud. In other words, informed consent is paramount to any marriage.

As you can see from the limited grounds for annulment in Mississippi, there are many situations where an annulment is not available to the parties, and they will have to pursue a divorce to legally terminate their relationship. A common misconception that we hear is that because a marriage was short, then the parties can get an annulment instead of a divorce. While marriages that may be properly annulled by Mississippi courts are often short, the length of the marriage by itself is not enough for an annulment.

Annulments are an interesting creature of domestic relations law and can be confusing and difficult to pursue. If you believe you may have a ground for an annulment that can help you avoid a long and costly divorce, call the Law Office of Matthew S. Poole. We have experience in making the determination as to whether a marriage can be rendered moot and can be considered to have never existed, whether an annulment is a possible remedy, or whether divorce is the only avenue.

Hire a Lawyer… Fast

Wednesday, April 4th, 2018

Getting served with legal papers is not a fun experience. There is really no other way to put it. It doesn’t help that these papers are often served on the person at work to avoid confrontation, which adds to the embarrassment and confusion. However, as stressful as being involved in a lawsuit is, swift action in hiring counsel is an extremely important step in addressing it.

One of the common scenarios given in my first year of Civil Procedure was that clients would be served with papers requiring an answer (30 days in Mississippi), would lay the papers on the counter, and forget about it for 26 days. They would then see the papers while cleaning up and realize that they needed to hire a lawyer. While it may be tempting to try and ignore the fact that you are being sued, you should take fast action to protect your rights to be heard.

In custody actions, the summons is different than one requiring a written answer, and provides the person served with a time and place certain to appear and defend themselves. That hearing is called a temporary hearing, because it outlines the Court’s order on what the parties are to do until trial. This temporary order includes the parameters of visitation with the child as well as the support obligation of the parent who is not exercising primary physical custody. Depending on the space of the court docket, these temporary hearings are usually not set for very far out from the service of the complaint, so that the party bringing the suit can get some temporary relief while awaiting trial.

When you are served with papers such as these, don’t lay them on the counter and forget about them! As Jimmy Two Times would say in the 1990 film Goodfellas, you need to go “get the papers, get the papers.” Get those papers and take them to a lawyer before that temporary hearing date so that you and your attorney can talk about what will be the most effective strategy from there. The sooner you hire a lawyer when you are served with papers, the better. If you are served with custody papers, call the Law Office of Matthew S. Poole. We have the skills and expertise to make sure the proper strategy is in place before the temporary hearing so as to get you the best result in your case.

Written by J. Tyler Cox, J.D. Candidate of Mississippi College School of Law, 2018.

Alimony as Punishment?

Wednesday, March 28th, 2018

Probably the most common misconception about alimony is that it is a punishment for the person who has been ordered to pay it. Some believe that if their spouse has cheated on them, or has engaged in any type of misconduct, that they are entitled to alimony simply based on fault. This is simply not true. Basing alimony wholly on whether the other party is at fault would basically make alimony an award for punitive damages, which is a totally different beast altogether. Although fault is a factor when considering alimony, the main hurdle in any alimony dispute is need.

Punitive damages are damages that exceed simple compensation and are awarded to punish a defendant. Punitive damages do not take into account the need or income of the person being awarded those damages, but rather serve as a warning or discouraging measure to make sure that other people do not engage in similar behavior. For example, punitive damages are commonly used in torts cases where a court punishes a company for a misdeed in order to stop it from doing the misdeed again and to dissuade other parties from doing the same. Punitive damages are responsible for the TV commercials and billboards that speak of large awards won for clients.

The purpose of alimony is to offer support for a spouse who is financially-dependent on the other. Even though fault is a factor that a court will look at, a court will focus primarily on the need of the spouse seeking alimony. In other words, alimony can be awarded to a spouse if that spouse is in need of support because they are not equipped to maintain the level of lifestyle that they have grown accustomed to while being married. For example, if a wife never had a job while married and now is getting a divorce, a court may award her with alimony so that she may begin to get back on her feet since the main income earner in her household is no longer present.

There are four types of alimony:  (1) Periodic Alimony, the more traditional type, with no set termination date and allocated month to month based on need;  (2) Lump Sum Alimony, awarded as a fixed sum that can be paid all at once or in installments;  (3) Rehabilitative alimony, developed to assist a spouse when reentering the workforce after their marriage; and  (4) Reimbursement Alimony, awarded to a spouse who supported the other spouse through undergraduate, graduate, or professional school. A court may award just one type of alimony or a combination of the types.

While alimony and punitive damages may seem the same, they serve two totally different purposes. Punitive damages are a punishment payment made out to the other party, and while people who are ordered to pay alimony may see it as a punishment, alimony is actually just based on the need of the other party. There are two totally different criteria when awarding both punitive damages and alimony. Courts in Mississippi will in fact look at fault when awarding alimony, but only after an intense need-based analysis by the chancellor to determine how much and what type should and will be awarded. Confusing these two are very common among people who come into our office, and we are well equipped to answer any questions that may arise when dealing with these issues. Contact our office if you or anyone you know have any questions about alimony, awarding alimony, or any other questions please do not hesitate to ask.