Monday, December 14, 2015
Line of Demarcation vs. Abuse of Discretion
Last year in Collins v. Collins located here, the Mississippi Supreme Court overruled a line of cases that found a temporary support order served as a line of demarcation for the accumulation of martial property. The Court in the decision found that a chancellor may use this as the line of demarcation. Currently, there is no real guidance on when it becomes an abuse of discretion for the chancellor to not use one date over another. I am working on an appeal brief that should be filed by the end of the month dealing with this issue. The issue very narrowly crafted is going to deal with whether it is an abuse of discretion to not use the date of the temporary order when substantial support outside of child support is provided to a spouse? Hopefully some guidance will come out of the opinion.