Ocean Springs Divorce Lawyer

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Ocean Springs Child Support Lawyer

Ocean Springs Child Support | Can A Judge Force You To Pay More Than Child Support?

Yes.

What Do You Have To Pay For Kids Besides Child Support?

If you are in an Ocean Springs Child Support case, you might be forced to pay more for your kids than just child support.

In fact, our Courts have said the law is, parents may be ordered to pay additional amounts over and above child support for additional expenses such as health insurance, out-of-pocket medical and other health-related expenses, life insurance, and expenses of a college education.

Ocean Springs Child Support Lawyer

One case talking about whether you have to pay more for Ocean Springs Child Support is Lacoste v. Lacoste, 197 So. 3d 897, 906 (Miss. Ct. App. 2016).

The trial judge grants Laura Lacoste a divorce from Paul Lacoste for habitual cruel and inhuman treatment.

I THINK Paul is the same Paule Lacoste that is being sued by the State of Mississippi right now for something to do with the federal welfare program where some people stole some money. If it is, click on the lawsuit discussion to read more about it.

Anyway, the trial judge grants Laura ole custody of the couple’s two children, and orders Paul to pay rehabilitative alimony and child support.

Paul appeals, arguing the chancellor erred in awarding Laura sole physical and legal custody of the children, erred in reducing his visitation schedule, erred in determining child support and alimony, and erred in refusing to consider newly discovered evidence after the trial was over.

Paul and Laura marry in April 2006 and separate in December 2012.

Paul and Laure have two children, Cannon and Cole, during the marriage.

At the time of the divorce trial, they were six and three.

Paul now appeals, raising five issues: (1) the trial court errs in awarding Laura sole physical and legal custody of the couple’s children and erred in limiting his visitation; (2) the trial court errs in calculating child support; (3) the trial court erroneously values NLS (his business) and used the erroneous valuation to calculate alimony and divide the marital property; (4) the trial court fails to consider Laura’s actions after trial that affect child custody and support, and after the trial, the tax consequences of Laura’s liquidation of her retirement account; and (5) cumulative error warrants reversal.

That’s a bunch of legal mumbo jumbo to say that Paul thinks the trial judge got it wrong?

Is Paul right?

I’m going to focus on just a couple of things from this opinion.

The chancellor awards child support by applying the statutory guideline of twenty percent to Paul’s adjusted gross income as reported in his Uniform Chancery Court Rule 8.05 financial statement.

This results in a child-support award of $4,280 a month.

Paul argues the chancellor’s application of the statutory twenty-percent guideline was error for three reasons.

First, he asserts the chancellor fails to make written findings on whether the statutory guidelines were applicable, since his income exceeded $100,000.

Second, he argues the chancellor fails to consider fluctuations in his income.

Third, he argues the chancellor fails to take into consideration that he was ordered to pay additional expenses for the children that should reduce the monthly child-support award.

He loses.

Ocean Springs Child Support | Do You Have To Pay More Than Just Child Support?

Yes, if the Court Orders it.

Paul argues that the chancellor failed to consider that he was ordered to pay Cannon’s outstanding school expenses for 2013–2014, and to split all education, childcare, and extracurricular expenses with Laura after that.

The trial court also orders Paul to pay for health, hospitalization, and dental insurance for the children and to pay equally amounts not covered by insurance.

The trial judge also orders Paul to maintain a minimum $2 million life-insurance policy.

Paul argues these expenses are in essence child support and should reduce the monthly award.

Paul also argues that the chancellor failed to consider that he was ordered to pay Laura $73,000 over ten years as part of the equitable division of marital property.

Paul asserts that these expenses will reduce his monthly available funds, and, therefore, should have reduced the monthly child-support award.

Ocean Springs Child Support | The Bottom Line – You Have To Pay More

The Mississippi Court of Appeals says:

While a chancellor may reduce child support in light of other financial obligations, the chancellor is not required to do so.

Rather, it is well settled that additional obligations may be awarded above the basic child-support award.

Parents may be ordered to pay additional amounts over and above child support for additional expenses such as ‘health insurance, out-of-pocket medical and other health-related expenses, life insurance, and expenses of a college education.

Therefore, we cannot find the chancellor erred in awarding these additional obligations on top of basic support.

Another case talks about Paul’s case later on and says, As this Court has previously explained, in Mississippi, the duty to send a child to college is not absolute.

Rather, it is dependent upon the child’s aptitude for college, the child’s behavior toward and relationship with the parent, and the parent’s ability to pay for the education without affecting his customary lifestyle.

One or both parents may be ordered to pay part or all of a child’s college tuition and related expenses.

So, the point of all that legal mumbo jumbo is, if you are in an Ocean Springs Child Support case, you might have to pay more than just child suport.


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