Sheriff Fees Increase

Effective January 1, 2020, the Sheriff’s fee for service of process in civil cases rose from $35.00 to $45.00 in Mississippi.  The increase applies to both initial service of civil actions and to post-judgment service of executions, garnishments, etc.  This change may be found in Miss. Code Section 25-7-19.  

Bell Family Law CLE dates

July 10     Jackson

July 24     Oxford

July 31     Mississippi Gulf Coast

The dates for the Bell Family Law CLE are above.  It is well worth the time and effort to go.  I always find some random bit of caselaw that I can use on a current or future case.  

Child Support on a High Income Parent

Last week, the Mississippi Court of Appeals decided Descher vs. Descher located here.  One of the issues is that the chancellor ordered more in child support than the child's actual expenses.  The Court of Appeals found this was proper.

This was the reasoning.

This Court has previously rejected “the argument that equates reasonable support with subsistence” and adopted the view that “the ‘reasonable needs’ of the child ought to be viewed at least as broadly as the reasonable needs of a wife seeking alimony.”  Ali v. Ali, 232 So. 3d 770, 777 (¶21) (Miss. Ct. App. 2017).  The monthly expenses provided for in a party’s Rule 8.05 financial statement do not set a cap on an award of child support.  Even if a child’s basic needs are met, “[i]t is not an abuse of discretion for the chancellor to consider the standard of living to which the child is accustomed in deciding what amount of support is reasonable.”  Ali, 232 So. 3d at 777 (¶21) (citing Moulds v. Bradley, 791 So. 2d 220, 228-29 (¶24) (Miss. 2001) (Diaz, J., concurring)).  Even though April claimed less than $4,000 in monthly expenses for the children, her Rule 8.05 declaration did not cap out the maximum amount of child support the chancellor could grant.  Jeff’s monthly income and his earning potential far surpass April’s.  As Justice Diaz said in his concurring opinion in Moulds, “[t]he trial court should not limit the amount in child support to the child’s ‘shown needs,’ because a child is not expected to live at a minimal level of comfort while the non-custodial parent is living a life of luxury.”  Moulds, 791 So. 2d at 229 (¶26) (Diaz, J., concurring) (citing People ex rel. Graham v. Adams, 608 N.E.2d 614, 616 (Ill. App. Ct. 1993)).

Discovery of Insurnance Coverage in Mississippi

“Often in litigation, counsel may be reluctant to produce a copy of an insurance policy. As a result, counsel may not promptly provide an insurance policy to the other side. The reluctance and delay in the production may be understandable, but it is not permitted. Indeed, Mississippi Rule of Civil Procedure 26(b)(2) specifically provides for the "discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment."  Entergy Miss., Inc. v. TCA Cable Partners, 22 So. 3d 284, 288 n.2 (Miss. Ct. App. 2009).  “The failure to provide or the unreasonable delay in providing an insurance policy should be considered a sanctionable event, and courts should not allow parties or counsel to avoid this requirement through delay or complete omission.”  Id.

Universal Life Church Marriage

In Blackwell v Magee, the Mississippi Supreme Court held that the Universal Life Church was authorized to solemnize marriage.  This is essentially an online ordained minister.  Currently, the exact opposite is true in Tennessee and the marriage are not valid.  This is currently being litigated in Tennessee.