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, Marriage, Opinion

What NOT to bring to the Attorney’s Office…

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The initial appointment with the lawyer is always nerve-wracking.

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You should be prepared and be on time. Bring financial records, receipts, tax returns, screen shots of texts, phone records, and recordings.  Bring yourself, perhaps a trusted friend or family member, a form of payment and even an internet-provided checklist of what to ask the attorney.

However, unless requested otherwise, do not bring….

  • Do not bring your Child. It’s not appropriate.
  • Do not bring your Spouse.
  • Do not bring 5 banker’s boxes of information. It’s too much.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not bring these things to you first appointment.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Marriage, Opinion

When is Perjury allowed?!?

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I hear this often. “I don’t lie to my kids.”

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This is said shortly after one party disclosed the dirty details to the child regarding the other parent.  Followed by the statement, “they have the right to know.”

  1. They do not have the Right nor need to Know.
  2. This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?”  My response?  “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds.  You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

alienation, Crime, Divorce

Alienation of Affection; Sued for Sex…

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Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

Alienation of Affection (AOA) is a separate claim, known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you are free to have an affair.  You will  be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued.  And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

Follow the blog: BowTieLawyer    

Visit the website: Thompson Law Firm

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

Divorce, General Legal, Opinion

When “NO FAULT” becomes “YO’ FAULT”

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While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce.  (commonly referred to as “No Fault”)

However, sometimes that agreement to a No Fault divorce doesn’t stick.  The parties, after getting over the initial shock of divorce, decide they will be adults and agree.  They think they can agree to the divorce and resolve their differences.   After all, they did manage to get along for most of 9 years, have two kids and bought a house.  What could go wrong?   They even searched online and looked at divorceyourself.com.

The No Fault agreement gets derailed when the Husband realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. He realizes it’s a lot of money. The Wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21 in Mississippi.  They don’t know the types of custody, or what each type means.  They agree to things that they cannot legally agree  to and fail to consider the consequences.

Finally, one party is convinced to see an attorney  and when they do they realize the consequences of what they were about to agree to and back out, the other side becomes angry and un-agrees too.  All of a sudden a simple divorce becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault? Have an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s fault.

Follow the blog: BowTieLawyer    

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Divorce, General Legal, Opinion

The Hardest Advice to Take is…

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I give advice everyday. Actually, I sell advice. 

 
Routinely, what I tell people is common sense. It’s the same advice your wise parent or grandparent would give you, but often it’s hard advice to follow. 

I’ve counseled persons to stop doing things that are harmful to themselves and their case. Don’t hang out with the shady crowd. Stop using alcohol if you have alcohol problems. Start going to church or stop doing things you shouldn’t be doing.  I tell people what they don’t want to hear. 

The hardest advice to take is to stop doing whatever lead to the circumstance where you needed legal help. 

www.bowtielawyer.ms

Child Support, Divorce

5 Big Lies about Divorce; The Internet is WRONG.

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There is a lot of misinformation out there about Divorce. Online searches are no true replacement to good legal advice.

A cursory search of the internet revealed these commonly accepted pieces of internet advice that are dead wrong…

  • Child Support. One site discusses the Income Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses the Obligor Model and child support is based primarily upon the income of the non-custodial parent’s adjusted gross income. 
  • Alimony.  That trusted brand Wikipedia includes that Alimony, in Mississippi is “usually awarded for life.” While permanent alimony is possible it is still subject to modification and termination well prior to death and saying it is “usually” awarded is wrong.  Read more about Mississippi Alimony here.
  • “No Fault Divorce”. Common lore has perpetuated the belief Mississippi has “no fault” divorce.  Mississippi does not have “no fault” divorce. Mississippi has Irreconcilable Differences. There is a significant difference.
  • Timing of Divorce. For an Irreconcilable Difference Divorce there is a minimum 60 day waiting period.  It does not mean that you are divorced on day 61. It means that you may present the papers for Court approval after 60 days have passed.  Routinely sites say you will be divorced in 30-90 days. It will never be less than 60 for an Irreconcilable Differences Divorce and if it  is Fault based it can take much longer.
  • Cost of Divorce.  No website can do this justice. I saw one that listed the filing fees and fee for service by publication as the “costs” of a divorce, and a that an attorney may be additional monies.  The posted filing fees were wrong and those come nowhere close to what a divorce could cost.  A competent attorney can tell you the likely costs.

Matthew Thompson is a Divorce Attorney in Mississippi and if you find yourself needing the answers to any of these above issues, please go see an experienced attorney that handles Family Law in Mississippi.

Follow the blog:#BowTieLawyer You may also contact Matthew with your family law matter or question at (601) 850-8000 

Divorce, Marriage

Sex, Money and Getting Old; Top Causes for Divorce.

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There’s an old joke that the #1 cause of divorce is marriage. While it’s true that you must be married to get a divorce, however there are real reasons that contribute to the breakdown of a marriage.

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1) Sex.  Physical intimacy is a chief complaint heard time and again in divorce situations.  The complaint is either one spouse wants too much, the other spouse wants too little, or one spouse is having it with someone they are not supposed to.  Frequently,  a combination of all three exist.

2) Money.  Lack of financial security is another chief complaint.  The complaint here is that the one spouse earns too little, the other spouse spends too much, or one spouse is spending it on someone (or something) they are not supposed to.

3) Getting Old.  Stuck in a rut, the sever year itch, boredom. This complaint can refer to;  a) the concept of the relationship getting old, losing its “new car smell” and “excitement,” becoming incompatible,  or it can refer to b) the parties actually getting old and, typically, one spouse “trading in” the current spouse for a newer, younger model.  Crass, but true.  Additionally, getting old can refer to c) the bad habits, the nagging, the actions that you used to be able to tolerate from your spouse, but have gotten on your nerves so much that you can no longer take it.

There are , of course, many others; physical abuse, emotional abuse, substance abuse, and the list goes on.

Matthew Thompson is a Family Law attorney in Mississippi.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law.     You may contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Bow Tie

How To Tie a Bow Tie. ( A Homecoming Special)

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With Homecoming season upon us there is not a better time for an excellent video & a written step-by-step guide on “How to tie a bow tie.”

  1. Tie a basic overhand knot (right over left) and pull the knot to the center of your shirt neck.

  2. Fold the side hanging down of the bow so that the “left bow” is doubled and the “right bow” is a single layer.  The fold on the “left bow” becomes the far edge of the bow tie.

  3. Place the center of the bow on the knot in the center of the shirt neck.

  4. Pull the left side of the bow over the middle of the bow and knot. Hanging straight down.

  5. Snap the bow closed and hold the bow in place.

  6. Lightly pull the closed bow to reveal a small hole behind the bow, but in front of the knot.

  7. Push the “back right bow” through the small hole.

  8. Once through, pull the front left bow and back right bow to straighten and tighten the bow tie.

  9. It does not have to look perfect, and a little imperfection is desired as you tied it yourself.