Wednesday, February 12, 2014

Child Support Case of Interest

The Mississippi Court of Appeals decided O'Brien v. O'Brien located here yesterday.  There is one interesting issue in the case dealing with child support.  The Court here held that under Mississippi Code Annotated Section 43–19-101(4) the chancellor is required to making a finding on the record  in writing why or why not the support guidelines are reasonable if the payer's income is greater than $50,000.00.  The case was reversed for failure to make this finding.  Based on my reading of this, I don't know that just a finding in an oral opinion is sufficient.  I would additionally point out that to me the court needs to say why the amount is reasonable or not, instead of just making a finding that it is reasonable.  We will probably see more litigation on this issue in the future. 

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