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Mitchell O Driskell

Mitchell Driskell’s Answers

3 total

  • Can the Mississippi Department of Human Service change a court-ordered child support payment?

    We both have joint legal and physical custody of the kids and the set amount was court ordered and also a part of the divorce decree. Dhs only took over the child support cause of government assistance the mother was getting. Do they have the powe...

    Mitchell’s Answer

    Only the Court can modify the Order. DHS can ask the Court to modify it.

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  • Do I need a child support lawyer?

    I live in Mississippi and my case is in Mississippi. My son who is 19 joined the military full time 2 months ago. In MS it states that a child is emancipated at age 21 or joins military full time. I sent DHS his enlistment contract for proof of fu...

    Mitchell’s Answer

    It depends on the language of the child support order. Full-time miliatary employment emancipates the child unless the order says otherwise. Even if the child is emancipated, you need to see if the Order provides for automatic termniation of the support obligation. You likely need an Order terminating your support obligation; you can represent yourself or hire a lawyer to get that accomplished.

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  • Husband of 18+ years of marriage walked out on our three minor children and myself in April 2013.

    Will a judge in Lafayette County sign off on non-contested papers if my husband and I can come to agreements as long as it is in best interest of our children? Will the judge change anything that we have already negotiated and agreed to? My husb...

    Mitchell’s Answer

    1. Generally, yes, as long as your agreement falls in line with statutory support requirements and other legalities.
    2. Maybe, if he believes your agreement violates the law, is unreasonable or is not in the best interest of the children.
    3. Your husband must properly file "the papers" and have you served with a summons in order to take you to Court.
    4. If the Judge finds that the flexible visitation schedule is in the best interests of the children, he will approve it.

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