Legal Question in Family Law in Mississippi

My girlfriend is divorced with two girls. In the divorce settlement he has to pay child support and had to sell the house and property or buy her out of it. He rarely pays child support but she doesn't know how to get him to pay it without costing her money to bring him to court. And he can't get the loan on the house refinanced to buy her out of the property and he hasn't put it on the market. The date specified in the divorce papers that he had to do these things by has passed by 5 months. Her name is still on the mortgage and he isn't paying it so it is hitting her credit every month. The money that she should get out of the house is about $25,000, but she doesn't know what to do from here to get him to sell it without bringing him back to court. Is there any way to force him to do what the divorce papers say without spending the $3,000 to hire a lawyer to bring him to court again? She needs to do something quickly because it keeps hitting her credit and he has almost lost the house back to the bank twice in the almost year they have been divorced. She is working her way back through college which is where we met so we both don't have free money to bring this guy to court. There has to be a way to get him to do something based on the divorce papers isn't there? Thank you for any help!


Asked on 7/22/09, 3:48 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

A wage withholding order is standard practice in each case involving child support. Miss. Code 93-11-103(b)(4) provides:

(4) The clerk of the court shall submit copies of such orders to the obligor's payor, any additional or subsequent payor, and to the Mississippi Department of Human Services Case Registry. The clerk of the court, the obligee's attorney, or the department may serve such immediate order for withholding by first class mail or personal delivery on the obligor's payor, superintendent, manager, agent or subsequent payor, as the case may be. In a case where the obligee's attorney or the department serves such immediate order, the clerk of the court shall be notified in writing, which notice shall be placed in the court file. There shall be no need for further notice, hearing, order, process or procedure before service of said order on the payor or any additional or subsequent payor. The obligor may contest, if grounds exist, service of the order of withholding on additional or subsequent payors, by filing an action with the issuing court. Such filing shall not stay the obligor's duty to support pending judicial determination of the obligor's claim. Nothing herein shall be construed to restrict the authority of the courts of this state from entering any order it deems appropriate to protect the rights of any parties involved.

In regard to the home sale, one alternative is to inform the father about the consequences of contempt. He could be put in jail until he complies with the court's order, be required to pay the mother for her attorney fees; and lose his licenses. Additionally, he could be responsible for damages to the mother's credit reputation caused by his failure to comply with the court's order. Alternatively, if the sales market is bad, the parties can agree to place the property with a rental manager and use the rent for mortgage payments and maintenance until the market improves sufficiently.

Additionally in regard to attorney fees, an attorney cannot enter a contingency arrangement on future payments of child support, but he can in regard to past due amounts and in regard to helping the mother collect on her interest in the home sale. So, it may be more possible than you think to retain the services of an attorney.

Lastly, if the mother cannot find an attorney who will take the case on a fee basis, she may be able to obtain the services pro bono. To locate an attorney who might be willing to take the case pro bono, contact the Miss. Bar at http://www.msbar.org/

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Answered on 7/27/09, 10:49 pm


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