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

General Legal

Who exactly is THEY?

11/18/2013 BowTieLawyer Leave a comment

THEY said that I did not need an attorney. THEY said that he would not get to see the children. THEY said that you cannot get Alimony in Mississippi.

I get calls everyday about what THEY said. I always ask, “Who is THEY?” The answer is always nebulous. It’s their friend’s mom’s sister’s neighbor, who had the world’s “fastest, worst, cheapest, easiest, most difficult, most expensive, most whatever divorce.”

What THEY said can be dangerous, is frequently incomplete and in some instances is just wrong. Their situation was likely vastly different from yours. THEY were in another state, THEY were married twice as long, or for ten minutes. THEY do not have children or THEY have eight and live in a shoe. THEY had a pre-nup and a post-nup. THEY had significant separate assets or a debilitating medical condition. THEY had a lawyer who did not know what he was doing or THEY did not have a lawyer. Maybe, THEY had a great lawyer. Listening to what THEY said is usually a mistake. Listen to the professional YOU know (or are getting to know), that YOU trust and that YOU hired.

Of course, THEY could be right.

Matthew Thompson is a Magnolia State Divorce Attorney cautioning you to be wary of what THEY say.

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, Property Division

Husbands CAN Get Alimony (& Alimony 101)

11/15/2013 BowTieLawyer 1 Comment

Is Mississippi an Alimony state? Yes. Well then, can the man get Alimony? It’s possible!

Alimony considerations provide that Chancery Courts are vested with broad authority to provide for the material needs of the spouses incident to divorce. Hubbard v. Hubbard, 656 So.2d 124, 129 (Miss. 1995). “If there are sufficient marital assets which, when equitably divided and considered with each spouse’s non-marital assets, will adequately provide for both parties, no more need to be done.” Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss. 1994). In other words, alimony should only be considered if equitable distribution “leaves a deficit for one party.” Johnson, 650 So.2d at 1287 (Miss. 1994).

A Husband may make a claim for alimony.

Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993), sets out a number of factors for the court to consider in determining whether to award alimony. Additionally, there are four types of alimony: (a) periodic, (b) rehabilitative, (c) lump sum, and (d) reimbursement. When there is no marital property to divide upon divorce, the court looks to Armstrong to determine whether or not an award of periodic alimony is warranted. Ethridge v. Ethridge, 648 So.2d 1143 (Miss. 1995).

1) The first factor is the income and expenses of the parties. When there is a great disparity in the earning capacity and incomes of the parties it could support an award of Alimony.

2) The second factor is the health and earning capacities of the parties. This considers physical and mental health, as well as earning capacity, to include degrees, etc…

3) Third, the court is to consider the needs of each party. The living expenses.

4) Fourth, the court is to consider the obligations and assets of the parties. Is the marital estate encumbered by a significant debt? Is a party living off his credit card?

5) The fifth factor to consider is the length of the marriage. Less than 10 years is not long. 20 years and over is long. Between 10-20 is the gray area. Of course, it’s all gray and it’s possible to get alimony in very short marriages and not get it in very long marriages.

6) The sixth factor is the presence or absence of minor children in the home.

7) The seventh factor is the age of the parties. Think years left for gainful employment and to live…

8) The eighth factor is the parties’ standard of living, both during the marriage and at the time of the support determination. Have the Parties enjoyed a relatively high standard of living in comparison to most? Allowing them to take trips, to purchase recreational vehicles, to purchase a half a million dollar home in the suburbs, to send their children to private school, and have not had to be concerned about money or curb their spending during times when husband was not working?

9) The ninth factor to consider is the tax consequences of the spousal support. Alimony payments, normally,would be taxable income to the receiver and deductible to the payor, allowing her to receive a tax benefit in the reduction of her taxable income for the duration of the support payments. It’s also possible to make it non-taxable, depending upon the duration of the payments and whether same is owed in the event the payor dies.

10) The tenth factor is fault or misconduct. Fault grounds; adultery, cruelty, etc…

11) The eleventh factor is wasteful dissipation of assets by either party. Booze, drugs, or gambling spending.

12) The final factor for the court’s consideration is any other factor deemed by the court to be “just and equitable” in connection with the setting of spousal support. So any other compelling reason in favor of alimony.

After weighing each of the factors set forth in Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss. 1993), and viewing the totality of the circumstances, the court will find whether an award of alimony is warranted.

Matthew Thompson is an Alimony Attorney in Mississippi and has represented the man who received Alimony.

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

Child Custody, Modifications

Military Service and Child Custody

11/11/2013 BowTieLawyer Leave a comment

Many service members deal with serious family law issues which seem exacerbated by their military service. As if just working full-time and trying to balance life were not enough, being subject to deployment, frequent moves and dangerous activities add to making a bad circumstance worse. But, recently Mississippi has tried to make custody issues for military members a little easier.

Mississippi recently enacted a statute dealing with child custody when a parent receives temporary duty, deployment or mobilization orders. MCA 93-5-34, provides a fair, efficient and swift process to resolve custody matters when dealing with a military parent. Upon such circumstances of a custodial parent being “called up” the statute provides that the other parent will have custody, but that custody ends within 10 days of the former custodial parent returning from service.

Additionally, it provides that the deployed parent shall have reasonable access for phone and video visits. The deployed member may also delegate visitation to their own family members. These types of military custody cases receive priority by the Courts to be heard and the deployed parent may “attend” via affidavit or electronic means where possible.

Lastly, a parent’s deployment and subsequent custody change cannot be used against that parent upon their return. Mississippi has enacted sensible, fair custody legislation that protects military service members and their families.

Matthew Thompson is a Military Divorce Attorney in Mississippi. Happy Veteran’s Day and thank you to all you have served.

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

Child Custody, Divorce, Modifications

Jr. is 12+, he picks where he lives, right?… Child Preferences and the Law

11/07/2013 BowTieLawyer 3 Comments

If I had a nickel for every time a parent has said,

“Well, Jr. is (insert age) so I reckon he picks where he lives, right?”…

I’d have a wheel barrow full of nickels.

It’s true that a child may express a custodial preference if they are 12 years old or older, however that preference alone will not carry the custody issue. It is but one factor that the Court must consider when performing an Albright Analysis. Albright is the case that lists the factors the judge must consider when determining custody.

Said another way a 12-year-old does not get to pick and that be the end of the story. There are a myriad of cases where a child has stated a preference for one parent and the Court determined that the best interests of the child favored the other parent. One famous case involved a 14-year-old that wanted to live with Dad. Dad purchased him a 4-wheeler, let him have a TV in his bedroom and kept his “Adult” magazines around, easily accessible. Mom, on the other hand, made him eat his vegetables, do his homework, no TV in his room and forbade inappropriate materials. If you’re a 14-year-old male teen, who would you pick? The Court determined, after a factual analysis, that mom was better suited for the teen, despite his stated preference. This case was upheld by the appellate court as well.

So, a child 12 or older can state a preference, but it may not carry the day. The better course would be for mom and dad to resolve the custody visitation issues and prevent the child from being in that position. However, that advice is easy to say and very difficult to follow in certain circumstances.

Matthew Thompson is a Child Custody Attorney in Mississippi. While child preferences in a custody case matter, that alone will not support an initial custody decision, nor is the sole basis for a modification.

Bow Tie, General Legal, Opinion

Your Day in Court.

11/06/2013 BowTieLawyer Leave a comment

“Everyone has his day (in court) and some days last longer than others.” – Winston Churchill (a paraphrase).

I had a victory today in Court. I was in County Court of all places, somewhere that I do not frequent. It was not a family law case either. It was a dispute over money though, and I deal with that a lot. It was a fair trial, in front of a fair judge that went to great lengths to hear both sides.

“It’s funny how the outcome of Court determines whether you had ‘your day’ in Court or a ‘long day’ in Court” – Matthew Thompson

Matthew Thompson is a Family Law Professor at MC Law and a Family Law Attorney and can help you to have your day in Court.

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

Child Custody, Crime, Divorce, Marriage, Opinion

The Adultery Train- All Aboard!

10/23/2013 BowTieLawyer 4 Comments

An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.

big_bad_locomotive_by_beezqp-d4mfi8t-1024x727 — Beezqp- “Big Bad Locomotive”

A sure-fire way to wreak havoc in a marriage is to have an affair. Mississippi law defines an affair or adultery as sexual intercourse, with a person of the opposite sex, not your spouse. However, due to the secretive nature of affairs you do not have to have an admission of guilt or pictures, though it helps. The ground can be proven through circumstantial evidence.

Upon a satisfactory showing of 1) inclination or infatuation, which can consist of cards, notes, emails, love letters, texts and phone records showing many calls; and 2) opportunity, which is the spouse and that other person alone together, be it in a car, house, motel, hotel, park or back alley, a Court can find that fault grounds exist. Due to this, even the whole “it’s only an emotional affair” and the “we didn’t have sex” may not be enough to stop the Adultery train from running over you.

So, why do people have affairs? They can be exciting, fun and pleasurable, at least for a little while. What leads to this? Sometimes the person is unhappy, dissatisfied, over-stressed, unloved, under-appreciated, or at least believe that they are.

The problem is the affair does not fix the problem. It only serves to make things worse. Because along with an affair comes new baggage. Guilt, secrecy, and the emotions of a third person are now commingled in your personal life. An affair not only hurts your spouse, but also you, your children and the other party. It has emotional consequences, financial consequences, custody consequences and legal consequences.

An affair is a Train wreck in the making.

Matthew Thompson is a semi-part-time Family Law Professor at MC Law and a Divorce Attorney encouraging you to avoid train wrecks!

Child Custody, Crime, Divorce, General Legal, Opinion

Beer Muscles- When exercising is not OK.

10/18/2013 BowTieLawyer Leave a comment

Habitual Drunkenness is not only a fault ground for divorce, but also leads to a wide variety of family law troubles.

Alcohol (aka:booze, beer, hooch, liquor, wine, drink, the bottle) is an easy vice to turn to, especially when dealing with the emotion and anxiety of family issues. However, it seldom salves and often makes things worse. Habitual drunkenness, that is consistent alcohol use and abuse to the extent that it cause the breakdown of the marriage, is grounds for divorce. Additionally, alcohol abuse can and will be used against you in a custody determination. I am not saying that you have to be a tee-total-er, but abuse of alcohol leads to poor judgement, decreased inhibitions and legal trouble.

Alcohol contributes to domestic violence incidents, accidents, and of course DUI. The risks always outweigh the rewards.

So do you have an alcohol problem? Well, there are a few ways to tell. Have you asked yourself if you have an alcohol problem? If so, you might. Can you go without drinking? If you suspect you have an alcohol problem seek help now. It will help your family later.

Matthew Thompson is a Family Law Adj. Professor at MC Law and a Child Custody/Divorce Attorney. Drink Responsibly! (if you do).

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms