Judge Larry Primeaux's Blog about Practice in Mississippi's Chancery Courts.
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Mississippi law does not permit me to respond to e-mails from litigants in my court or lay people asking for legal advice.
I have been enjoying your blog for several months now. Please keep it up. I have a questions about division of a spouse’s military retirement. I am coming in behind two other attorneys who unsuccessfully tried to divide a military retirement. The Agreement executed by the parties states, “The Husband’s military retirement is to be granted to Wife based on the formula used by the military which formula takes into account the number of years the parties were married during military service time.” That is all it says. This language is contained in the Child Custody, Child Support and Property Settlement Agreement executed by the parties. The parties agreed to divorce on the grounds of irreconcilable differences, but left certain issues for the Court to decide. When the wife contacted the military just prior to the husband’s retirement, she received a letter stating “The court order does not specifically award the former spouse a portion of the members retired pay. You must obtain a certified copy of a clarifying order awarding either a fixed amount or a percentage of the member’s retired/retainer pay, or which provides a formula wherein the only missing element is the denominator (member’s years of service.) Have you addressed the issue of division of military retirement or do you know of any cases that have? I appreciate your time.
Our courts have recognized the chancellor’s authority to clarify its rulings. I agree with the military that the language does not effect a division, but it does give a way for it to be calculated. A petition to clarify and adjudicate that calculation may accomplish what you need. An agreed judgment would too. To answer your question, I have had retirement-issue cases, all of which stemmed from ambiguous language in PSA’s.
Your Honor. I was referred to your blog by two of the most honest and caring attorneys I have ever met. Your past commentary on conservatorships made all the difference in the world. Thank you so much for the time I know you spend on the blog, with the sole purpose of helping the uninformed like me as well as young lawyers. As one of the young attorneys who introduced me to the blog said “When I personally met Judge Primeaux at a meeting at Ole Miss, I felt as if I was in the presence of a rock star. I could not agree more! Thank you so much!
Thanks for doing this
Re: requests for admissions timeliness
Could you please tell me whether you would consider the requests for admissions timely answered under the following circumstances:
The plaintiff, in a Divorce action filed a notice of service of requests for admission on January 11th. 2016. He sent them through the mail. We live in Jackson and as such may have received them shortly thereafter. I responded on February 16th. 2016, but also filed a motion for extension of time to respond, or in the alternative to amend. The plaintiff filed a motion to have the requests for admissions admitted and motion to strike, based on untimely responses, and motion for summary judgment. The requests for admissions were germane to grounds for divorce, adultery and habitual drunkard. Though I plan to file a motion to withdraw the admissions, my initial thought was that because he mailed them, I had 3 days extra, and counting from 12th January, the 30th day would have been February 13th, Saturday. In that case, I thought that I had till Tuesday to respond since Monday was President’s day, and as such serving them on the 16th, was timely. This is a bad position to be in so I figuring a way to to get myself out of the hole without having my client going into a panic mode. Thanks in advance.
I really hate to comment on a matter pending in another court, particularly when I haven’t heard from both sides. Sorry.
Wonderful content. I love reading this.
Every now and then I wonder whether this is worth it, and then someone I respect comes along and makes me believe that it is. Thanks.
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