Tuesday, January 17, 2017

Case to Watch

The Mississippi Supreme Court has retained an interesting case located at 2015 CA-1527-SCT.  The Court is set to address two issues based on an order handed down on December 15, 2016 located here dealing with child support.  The parties have been ordered to brief the following:

"(1) Caldwell implies in dictum that children who engage in "clear and
extreme" conduct toward non-custodial parents may forfeit their right to child
support. Does the "clear and extreme" conduct mentioned in Caldwell fall
within one of Mississippi Code Section 43-19-103's criteria for finding that
the presumption in Mississippi Code Section 43-19-101 has been rebutted?

(2) If not, what authority, if any, exists for this Court to establish additional
criteria for overcoming the presumption established by 43 -19-101 ? In briefing
this question, the parties should particularly address, though not exclusively,
this Court's statement in Thurman v. Thurman, 559 So. 2d 1014,1017
(Miss.1990) that "The guidelines for child support awards as now set out in
Miss. Code Ann. §43-19-101 (Supp. 1989) must not control the Chancellor's
award of child support."
Interesting issue to watch. 

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