In a divorce involving children, issues relating to them are probably the most difficult to resolve.  These issues include custody, support, and visitation, among others.

There are two kinds of “custody” – physical and legal.  Physical custody is the right of a parent to physically have a child with him or her.  On the other hand, legal custody is the right of a parent to make decisions on behalf of a child.  Custody is awarded based on the best interests of the child.

Custody can be awarded to one parent or to both parents jointly. For example, a parent can have physical custody, meaning they have the right to have the child, except when the other parent has visitation.  Physical custody can also be joint, meaning the child stays with each parent roughly the same amount of time.  Legal custody can also be vested in one of the parents alone or to both parents jointly. There are too many pros and cons to each of these arrangements to discuss here, but the point to take away is there are many possible scenarios, and what is right for another family might not be right for your family.  In the end, all families are different, and what works for each one is probably different, too.

Visitation means times a noncustodial parent is entitled to spend with children. If one parent is awarded custody of the children, the other parent is awarded structured visitation. Usually, visitation is granted every other weekend and on alternating holidays.

Like custodial arrangements, the “correct” visitation arrangement varies from family to family.  We write custom visitation schedules all the time, and there is no such thing as standard visitation, no matter what you have heard.  It is true that a particular judge might frequently award the same type of visitation, but there is no statute out there dictating that they do so.  It is simply a matter of convenience. The child’s best interests govern a court’s decision on visitation, as well.

Child support is governed by Mississippi Code Annotated Section 43-19-101, and the amount is determined based on the adjusted gross income of the noncustodial parent.  The court first determines the parent’s adjusted gross income, as defined in the statute, and applies a statutory percentage to determine the monthly payment.  The following percentages are set by statute, for some parents, based on the number of children:  1 – 14%; 2 – 20%; 3 – 22%; 4 – 24%; 5 or more – 26%.  If the noncustodial parent’s AGI is less than $10,000 per year or more than $100,000 per year, the statutory percentages do not necessarily apply; the percentage applied by the court could be more or less than those set by statute.

Although there can be slight variations and hybrid forms, Mississippi law acknowledges four types of alimony, in general:  (1) periodic, or permanent; (2) lump-sum; (3) rehabilitative; and (4) reimbursement.  All four have different uses, but typically, alimony and property division go hand in hand.  That is, where one increases, the other must recede.  If property division results in a deficiency to one of the spouses, the spouse with the deficiency can be awarded alimony to equalize the deficit.  Advice from a trained professional should be obtained about anything relating to taxes, but alimony payments can be viewed as taxable to the recipient and deductible to the ex-spouse making the payments.

Periodic or permanent alimony terminates upon the remarriage of the person receiving the payments or the death of the paying party, and it is generally modifiable upon a showing of material change in circumstances of the paying party. Permanent alimony is typically made in payments.  If it is unclear from the Judgment what kind of alimony was intended, the presumption is that the award was for periodic alimony.

Lump sum alimony, on the other hand, is not modifiable and is viewed as a final settlement; it is vested when the Final Judgment is entered, and it becomes an obligation of the estate of the paying spouse if he or she dies before the obligation is paid in full.  Lump sum alimony can also be made in payments or over a certain amount of time, or it can be made in a “lump sum” payment.

Rehabilitative alimony, sometimes known as “periodic transitional alimony” is intended to assist one of the spouses in becoming self-supporting, or getting back on their feet, after a divorce.  This form of alimony is a hybrid of the periodic and lump sum alimony forms, in that it is for a fixed period of time (like lump sum), but it is modifiable (like periodic). Hubbard v. Hubbard, provided in the Divorce Center resources below, explains rehabilitative alimony.

Like most states, Mississippi does not view a professional degree as marital property, the value of which is divisible upon divorce.  Reimbursement alimony can be paid to a spouse if it can be established that he or she paid for the other spouse’s college or professional education during the marriage.