Monday, August 12, 2013

Equitable Offset

Mississippi has several cases dealing with equitable offset.  All equitable offset does is create a situation where a party should fairly be given credit for certain things.  For example, a father was properly given credit  against arrearages for a child that he paid money directly to in college.  Evans v. Evans, 994 So. 2d 765, 772-73 (Miss. 2008).  This can be used an an interesting tool to resolve cases involving alimony and child support too.  The parties can agree that for example the amount of child support one parent would have to pay be offset a certain amount of alimony one party needs to pay.  If this is done, the amounts need to be specified though.  If you don't, at some point one party is going to file for modification and there is no way see what the offset should be.

2 comments:

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