All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms
Divorce, General Legal, Modifications

Latin Lessons; Res Judicata

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Today’s blog is about one of those Latin terms that lawyers and judges say and no one else really knows what it means, until today.

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Res judicata, pronounced (Race Jude-ih-kah-tah), means the thing that has been decided or a matter already judged.  It is usually used as a legal defense to a suit, wherein the Defendant, the person being sued, raises the defense and argues the Plaintiff, the person suing, cannot get the relief they are seeking because they previously sought and were granted relief, or previously sought and were denied relief or previously sought relief and should have included that claim at that time.

By way of example, this scenario may better explain Res judicata;

Mary sues Jim for divorce.  As a part of the divorce Mary seeks the house and equitable distribution of the property, a fair division of the stuff.  However, Mary does not seek alimony.  The case is either settled or decided by the Chancellor.  All issues raised by Mary are resolved.  Upon settlement, or the Court’s ruling becoming final, the matter is closed.  Mary then realizes her mistake and seeks alimony, either through a new action or through a modification.  However, it is too late.  That issue is Res judicata, even if Mary should have received alimony, even if the Court would have awarded it.  It is barred because Mary could have brought it at the time of the divorce and should have, but did not for whatever reason.

It is important for parties involved in legal proceedings to know what their attorney is talking about and what those terms mean, some of them can really matter.

Matthew Thompson is a family law attorney that knows some Latin terms and does not mind explaining them to his clients, even 2 or 3 times.  Trust the Bow Tie.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Child Custody, Divorce, Pets

Super Bowl Sunday; Super Strange Custody Fight

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With the Super Bowl imminent it reminded me of a case I was involved in where there was a serious custody battle.  The fight was not over the children, nor the house or the retirement accounts.  The fight was over SEC Season Football Tickets! (certainly worth fighting for)

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The tickets were secured by one party who had been getting them for years, but were actually paid for by the other party.  So, both felt they had a legitimate claim, additionally both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support.

The solution?  Joint custody.

Each picked certain games that they would attend each year and on the ones that both wanted to attend they agreed to alternate even years and odd years to determine who got to go.  Another interesting aside was that there were 2 tickets for each game.  Who the guest would be was also an issue, as they obviously would not both go at the same time! Neither wanted the other to be able to take a bf/gf. The compromise was that the other ticket would be used by a family member, or a minor friend of the children. (Minor meaning under 21, not just small).  The custody of the season tickets was one of the last issues to get resolved. It really did matter.

Matthew Thompson is a family law attorney that will handle your custody case, whether it be over Children, the House, Accounts, SEC Season Football Tickets or the Dog!  Trust the Bow Tie.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Bow Tie, Opinion

The Bow Tie Changes Everything…

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I have previously blogged on why I am the Bow Tie Lawyer and how I came to sport bow ties.  I recently read an article about how beards change not only one’s appearance, but also how they are perceived and it made me realize the bow tie also changes not only the person that wears it, but also those that come into contact with the bow tie wearer.

How, you ask, can a mere bow tie change someone?  A bow tie is just a narrow piece of cloth, placed around the neck and collar, tied into a bow, and usually worn on special occasion, also known as a dicky bow.  Here are some beneficial changes;

  • Most people assume you did not tie it and are astounded to find out that you tied it yourself.  They now see you in awe.
  • Most assume tying it is very difficult and because you can tie it you are very smart.  They now see you as superior.
  • Strangers will speak to you and comment on the bow tie’s dashing good looks.  They see you as a trend setter.
  • Fellow bow tie wearers give you an approving head nod.  They see you as in the fraternity.
  • Elderly women think it’s very handsome.  They see you as very handsome.

And, there are some not so beneficial changes;

  • A lot of people assume it’s a clip-on and never find out otherwise.  They see you as an odd, old man wearing a clip-on bow tie.
  • A lot of people assume you are a nerd.  They see you as a nerd.
  • Strangers will make comments to you and  call you Bill Nye and not mean it in a flattering manner. Again, they see you as a nerd.
  • When you are used to wearing long neck ties and switch to bow ties the first several times you wear the bow tie you feel a little under dressed due to not being able to see your tie, other than in a mirror. You are startled when you see yourself the first several times.
  • Younger women think it’s very dorky. They see you as dorky.

The good news is that bow ties are coming back into the mainstream. So, hopefully, if you wear one enough bow ties will once again gain wide acceptance, minimizing the negatives.

Matthew Thompson is a family law attorney that wears bow ties.  He is also the exception to the rule as all age groups think he and his bow ties are quite dashing and smart.  Trust the Bow Tie.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Child Support, General Legal, Modifications, Opinion

Mississippi Legislature Considering Tweak to Child Support

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There are a few Bills kicking around the legislature that would impact child support in Mississippi.

Senate Bill 2338 seeks to broaden the income levels that the child support guidelines are applied.  Currently, Child Support is a statutory amount (see Child Support blog) on income if your income is between $5k -$50k per year, adjusted gross income (AGI).  This bill seeks to increase the income range to $10k-$100k per year, AGI.

As the law is currently, if you make $50k per year, AGI, support for one child would be at least $585.  This figure is 14% of $50k and from there the Court could skew it upwards based on the needs of the child.  So, your obligation would likely be in a broad range from $585 -$1,200 per month, give or take, depending on your income.  This change would make the 14% apply directly to all sums over $50k up to $100k AGI.  So, support, at the least, would be $1,166.00 per month.  This likely would keep higher wage earners support in line with what they are already paying and is not a substantial change.

Senate Bill 2339 proposes a more significant change.  This skews upward all statutory amounts, as follows;

  • 1 Child  from 14% to 17%
  • 2 Children from 20% to 24%
  • 3 Children from 22% to 26%
  • 4 Children from 24% to 28%
  • 5 or more Children from 26% to 30%

So in the same example from above the parent that owed $585 would now owe $710 in support, and if both Bills pass then the amount could be $1,416 per month if the paying parent made $100k AGI.

Mississippi has some of the lowest rates nationally for child support, but also extends the obligation to (21), which is longer than most other states, which end support at 18 or 19.  SB 2339 also proposes to decrease the age for emancipation to 18, or 19, depending upon whether the child has finished high school.  This is a significant change in the law and would only apply to post July 1, 2013, Orders and Judgments.  Neither are law now and it does not appear there is a groundswell of support for either, those these changes would make Mississippi in line with most other states.

Stay tuned to see what the “Hissing Possums” pass.

Matthew Thompson is a family law attorney that keeps abreast of the law and changes related thereto.  He also just used abreast and thereto in a sentence and twice referenced to hissing possums, as Saturday Night Live mockingly referred to the Mississippi Legislature.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

 

Divorce, General Legal, Opinion

Keeping Quiet; Family Law’s Most Difficult Challenge

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Loose lips sink ships, less is more, mind your business, and be nice or at least indifferent. All good advice, given everyday and routinely ignored.

Coping with litigation, especially family law litigation, is tough.  “Venting” is common and can be therapeutic,(click here for dealing with stress) but be careful who you vent to.  If it is done to the wrong person it will come back to bite you.   But…you say, “I am only telling the truth.”

The truth is if your cheating spouse loses his job everyone is worse off.  The truth is if your spouse, who is a sorry parent because they are more interested in going to the Electric Cowboy, is vilified in front of the children it will be harmful to them. (They will know in time.  An exception may be made if the parent’s sorriness affects the children’s actual safety).

Also, telling people your business does not bode well for reconciliation.  Telling your “friend that has been through this” what a crummy guy he is, how sorry he is, and how abusive he is, means you and that “friend that has been through this” will NOT be friends when you and Mr. Sorry get back together.   I know what you are thinking, “No chance in hell of that,” but stranger things have happened…

So who can you vent to?

  • Your Lawyer.  We are paid to listen, counsel and advise…though we all have our limits.
  • Your Counselor.  It’s their job, too.  They listen, do not judge and can offer coping mechanisms. Don’t have a counselor? Ask your lawyer.
  • Your Preacher.  They have heard it before and are very familiar with Sodom and Gomorrah and fire and brimstone.  Your situation is probably not that bad.
  • Your Momma.  I don’t mean this in the slang sense.   Really, speaking with a parent, or other trusted adult, can help, even if you are a grown-up, yourself.  Just be careful because what you say to a lay person is not protected by attorney-client privilege, doctor-patient privilege, nor priest-penitent privilege.  (I have less concern about you telling your mom how sorry he is because deep down mom always “knew” it).
  • Your Friend that has been through it.  This can be a great resource of knowing what to expect and leaning on a sympathetic ear.  Be careful here, too, as there is no privilege and she could be playing both sides, and reconciliation means y’all likely won’t be friends.

Be sure you let your attorney know who you are talking to.  They need to know.  They may have represented that friend, or otherwise been involved in that case, and may have some insight as to whether you should be talking to that person.

Matthew Thompson is a family law attorney that knows how to keep quiet about your business.  Confidentiality and privilege are two things taken very seriously at TLF.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

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Child Custody, Divorce, General Legal

Secret Spy (Hiring a Private Eye)

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One of the perks of being a divorce attorney is you get to be acquainted with a number of other people who have really cool jobs.  This post is about Private Investigators (PIs), when to use them and what they need from you.

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I have previously posted of some of the potential warning signs of an affair. (click here)  If you have suspicions that your spouse may be having an affair it may be wise to hire a PI.  A PI can follow your spouse, take pictures, document their whereabouts and identify third persons that your spouse may be with.  In addition to adultery situations, PIs may also be useful in locating hard-to-find persons/witnesses and even completing service of process.  A PI can also play a role in custody cases in documenting the other parent’s living conditions, if a third-party is sleeping over and the other parent’s comings and goings.

PIs have come a long way from hiding in the bushes snapping pictures, though it still happens.  There are hi-tech means of surveillance, GPS tracking abilities and computer forensics which can discover that nothing is truly deleted!

Here’s a starter list to provide a PI in the event you choose to hire one.

  • Pictures of who they are to follow.
  • Pictures and tag # of the car(s) they are to follow.
  • Where that person works and normal office hours.
  • Where that person hangs out, works out and/or chills out.
  • The usual routine; ie: on Wednesdays he always goes to Buffalo Wild Wings.
  • Address of the home and anywhere else the person may be staying.
  • List of suspected paramour(s).
  • Any and all information you have about paramour(s).
  • Your usual routine, too.  Knowing this the PI may be able to catch you-know-who where they should not be when you are at the Wednesday evening service.

Talk to the PI about fees.  These are not covered in attorney fees.  PIs usually charge a retainer and bill by the hour and for mileage.  Be careful about having your spouse followed to New Orleans, it may not be worth it if you don’t get the goods.  Also, make sure the PI generates a report, pictures and will testify in Court, if necessary.

The use of a PI is discoverable in litigation, which means if you use one and are asked about it you will have to disclose it.  Stay tuned for a blog about what to do if you think you are being followed.

Matthew Thompson is a family law attorney that leaves the private investigation to the PIs, but does review the pictures and videos from the investigations, as it is required by his job!

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Divorce, General Legal, Opinion

Red Flag Representation

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This blog topic was requested by a colleague.  This posting is geared toward attorneys on spotting warning signs and/or red flags  of potential difficult clients.  This can also apply to a variety of  business owners to be on the lookout for potential difficult customers.

Difficult clients and difficult cases come with the territory of being a lawyer.  The following are some red flags to be aware of, however, these are not necessarily cases or clients to avoid.  I have read many other attorney and business guru’s opinions on avoiding certain types of clients/customers.  They are time stealers, energy wasters and headaches in the making.  In my practice, however, “clients to avoid” have been some of the more gratifying cases for a variety of reasons.  Nonetheless, it is always best to know what you are getting into.

  • Calling/Hiring at the Last Minute.  We have all had the call.  “I need an attorney for tomorrow!”  There’s a trial setting that has been ignored and the client wants you to work miracles.  When the trial is tomorrow – red flag.
  • Multiple Past Attorneys.  This client has been through 2 or 3 or more attorneys.  This is a huge red flag.  The former attorneys either “did not know what he was doing” or “was on the take” or both.  (Sometimes there is a former attorney “no longer willing to do anything” because the potential client owes them a lot of money.)
  • 5 Boxes on the First Visit.  It takes 3 trips to get everything upstairs from car.  Every possible shred of paper has been kept, not necessarily in an organized manner, but…”I know it’s in there somewhere.”
  • No Call/No Show for an Appointment.  After accommodating someone’s work schedule, staying late to meet them and they do not show, did not call, and did not answer when you tried to call them, it could be a sign of the future.
  • When it’s Just Too Hard.  You know the client.  Having to convince them you are honest and on the up and up, having to justify every minute spent speaking to them and/or working on their case.  I charge a fee for my initial assessments with clients. I do this because I provide valuable information, answer questions, provide them with a specific plan of action and it creates a “future conflict” upon the meeting taking place.  When I have to go to great lengths to justify a fee because so and so will see them for free for a “consultation,” I tell them to go see so and so.
  • When There is Animosity at the Outset.  Along the lines of being Just Too Hard, is when you just don’t click.  Sometimes we have to give hard advice.  Sometimes we tell people what they do not want to hear.  Sometimes they attack the messenger.
  • Interviewing Multiple Attorneys.  This one is seemingly innocuous.  It differs from the multiple past attorneys above because the potential client never actually hired the interviewees.  This is the classic “Conflict the Attorney Out,” scheme.  People do it.  Be aware.
  • Super Emotional.  Family law is always difficult and is always emotional.  However, sometimes the hurt and emotional pain of a case are too much for the client to deal with AND litigation and all of the rigors that requires at the same time.  Recognize this to better serve your clients.
  • No Pay or Slow Pay.  The check is in the mail, can you hold the check until ___?, or the check bounced.  As Professor Jeffrey Jackson* at Mississippi College School of Law is known to say, “I can worry about your case or the money you owe me, but not both.”  It is fair to ask the potential client about their income, available resources and intentions to pay the necessary fees. *(As an aside,  Professor Jackson was named to National Jurist’s 23 Law Professors to Take Before you Die.)

These are just a few red flags that a potential client could be difficult, but in my opinion any one of these can occur due to the circumstances of a particular situation and should not disqualify representation.  If all signs are present in your next new client consultation, tell them to go hire so and so.

Matthew is a family law attorney and is not scared to take on a red flag representation, well, except the ones that don’t pay.  

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce, Opinion

It’s So Cold…

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How cold is it?

It’s so cold outside I saw a divorce attorney with his hands in his own pockets.

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Matthew Thompson is a family law attorney that is up front with his clients about fees and expenses of litigation.  Hiring Thompson Law Firm may help you keep some green in your pocket.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at(601) 850-8000 or Matthew@wmtlawfirm.com.