Legal Question in Family Law in Mississippi

Re: Does she still get full summer abatement?

Your question involves construction of the terms and conditions in your child support agreement, and any relief you seek will be in a court of equity. I think the Chancellor may not be sympathetic to your position if he or she feels you are not out anymore money than you would have been had she kept your child for the entire time, and you have had the priviledge of being with your child for a period of time which you would not otherwise have had. So the initial question is, "How have you been injured?" You could argue that you have had to incur additional costs for providing food, utilities, care, transportation, and nurture. If you can prove significant additional costs, then the next step is to determine whether the custody agreement intended for the abatement to be measured by the actual period of visitation or for a certain period. Relevant evidence may include statements in the agreement about the intent of the abatement, statements showing that the mother would be have an onerous burden in transporting your child for visitation, or expressions about the certainty of the abatement period. If your reading of the entire document tends to indicate she owes for the entire six weeks, considering asking an attorney to write her for the payments before you initiate any collection action. Try to understand her position, and if she did not have a good reason, you will have a good case for having her held in wilful and contumacious contempt of court, and you may obtain a judgment for your attorney fees as well. If she was acting reasonably but the agreement indicates the abatement continued only during the period of actual visitation, you will probably only get a judgment for the back due support. If you do nothing about child support, this event may be some evidence that you agree the support abates for the full six weeks regardless of how much actual visitation was exercised.