Legal Question in Family Law in Mississippi

A wage withholding order is standard practice in each case involving child support. Miss. Code 93-11-103(b)(4) provides:

(4) The clerk of the court shall submit copies of such orders to the obligor's payor, any additional or subsequent payor, and to the Mississippi Department of Human Services Case Registry. The clerk of the court, the obligee's attorney, or the department may serve such immediate order for withholding by first class mail or personal delivery on the obligor's payor, superintendent, manager, agent or subsequent payor, as the case may be. In a case where the obligee's attorney or the department serves such immediate order, the clerk of the court shall be notified in writing, which notice shall be placed in the court file. There shall be no need for further notice, hearing, order, process or procedure before service of said order on the payor or any additional or subsequent payor. The obligor may contest, if grounds exist, service of the order of withholding on additional or subsequent payors, by filing an action with the issuing court. Such filing shall not stay the obligor's duty to support pending judicial determination of the obligor's claim. Nothing herein shall be construed to restrict the authority of the courts of this state from entering any order it deems appropriate to protect the rights of any parties involved.

In regard to the home sale, one alternative is to inform the father about the consequences of contempt. He could be put in jail until he complies with the court's order, be required to pay the mother for her attorney fees; and lose his licenses. Additionally, he could be responsible for damages to the mother's credit reputation caused by his failure to comply with the court's order. Alternatively, if the sales market is bad, the parties can agree to place the property with a rental manager and use the rent for mortgage payments and maintenance until the market improves sufficiently.

Additionally in regard to attorney fees, an attorney cannot enter a contingency arrangement on future payments of child support, but he can in regard to past due amounts and in regard to helping the mother collect on her interest in the home sale. So, it may be more possible than you think to retain the services of an attorney.

Lastly, if the mother cannot find an attorney who will take the case on a fee basis, she may be able to obtain the services pro bono. To locate an attorney who might be willing to take the case pro bono, contact the Miss. Bar at http://www.msbar.org/