Friday, January 23, 2015

Current Conflicts in the Case

Below is a list of a few current conflicts in Mississippi caselaw in the area of family law.  Without listing all the cases that say such, as one judge has jokingly said (although also quite seriously), there is caselaw to support most any position in family law in Mississippi:

(1) McKee analysis of attorney's fees in contempt required or not required?
(2) reliance on third party advice as defense to contempt or not?
(3) full factor analysis of factor tests required on the record or not?

I potentially have a case that may give some clarification on the first two that is pending.  Best advice I have is that if you are trying one of those issues, there is a great deal of deference to the chancellor so work on finding out their positions. 

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