Category Archives: Child Support

alienation, Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Opinion

What Does it Look Like when you are Not Ready for Divorce?

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I have written several times on sometimes just not being ready. I have seen multiple instances of person just not being ready…

What are the signs of Not Being Ready?

Things are moving TOO Fast.

The divorce process is actually fairly slow in Mississippi. It is typically at least 60 days with the average cases taking closer to 90 days, if uncontested. If contested, the case could take 6-18 months. A few take even longer!

Things are TOO Emotional.

Of course divorce is highly emotional. In some respects you may never “get over it.” However, the best results require that you treat the financial aspects as a business transaction. If you are so focused on the emotion, getting even or some other aspect, you’ll regret it later.

It makes NO Sense.

If you are in a brain fog and cannot explain in plain terms what the lawyer has explained to you, you may not be ready. I don’t expect you to know every legal term of art, but there are some very important concepts you need to understand.

It’s TOO Hard.

Getting to simple agreements is a Herculean effort. When commonsense has left the station.

These are just a few indicators of Not being ready. Be on the lookout for these signs in your spouse and/or yourself. Recognizing these issues will allow for them to be better handled.

Matthew Thompson is a Divorce and Custody lawyer in Mississippi and warns you that negotiating a divorce when you are not ready may result in regret.

Appeal, Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

What Can You Do When the Judge Violates the Law?

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Judges swear an oath to uphold the Constitution, to follow the law, and apply it without prejudice or bias. Most do this very difficult task with tact and professionalism. Some do not. The Code of Judicial Conduct is intended to establish standards for ethical conduct
of judges.

So what do you do when your Judge violates the law? Sometimes it’s a judgment call and not a violation of the law. In these circumstances you can file a Motion for New Trial and/or an Appeal.

But what about when the judge clearly violates the law? Can you sue the Judge? Usually, no. Judges enjoy what is known as Judicial Immunity that protects them from civil liability for violating the law. If the actions are criminal there could be penalties, but typically not for civil violations.

What else can be done? Contact Mississippi Judicial Performance. Judicial performance is an entity created by the Mississippi Constitution that seeks;

To enforce the standards of judicial conduct,
To inquire into judicial liability and conduct,
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations.


All proceedings before the Commission are of a civil nature, not criminal, as the​ purpose of the Commission is to be rehabilitative and educational as well as disciplinary.

Judicial Complaint Form

Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.

All complaints must be submitted to the Commission in writing. The Commission does not accept oral complaints. You may use a complaint form or write a letter to the Commission. A complaint form filed with the Commission should be typewritten or printed so that it is easily readable.

Matthew Thompson is an attorney in Mississippi and knows most Judges try to do it right…

Child Custody, Child Support, Crime, General Legal

TN Law Makes DUI Driver of Fatal Wreck Pay Child Support

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“Ethan’s, Hailey’s, and Bentley’s Law“1 requires a sentencing court to order a defendant who has been convicted of vehicular homicide due to intoxication, and in which the victim of the offense was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school.

Cecilia Williams , grandmother of, Bentley Williams, 5, and Mason Williams, 3, is raising her grandchildren after their parents were killed April 13, 2021, in a drunk-driving accident in Missouri.

Since her family members’ deaths, Williams has worked to get legislation called Bentley’s Law passed in Tennessee and several other states, including attempts in Missouri, that requires those convicted of driving while intoxicated to pay compensation to families affected by a drunk-driving death.

Tennessee Gov. Bill Lee signed the bill on May 25, 2022.

Along with Tennessee, Bentley’s Law has also been introduced in Missouri, Louisiana, Ohio, Pennsylvania, Virginia, Illinois, Alabama, South Carolina and Oklahoma. Vermont, Massachusetts, Hawaii, Kansas, Arkansas, Delaware, Wisconsin, Arizona, California, Colorado, Florida, Indiana, Michigan, Texas and Utah have stated plans to introduce similar laws during 2023 sessions.

David G. Thurby, 26, of Fenton, TN was charged and convicted of three counts of involuntary manslaughter in connection with the fatal accident in Byrnes Mill, Missouri.

After the fatal accident on April 13, 2021, Thurby was arrested and told a Missouri State Highway Patrol trooper that before the crash, he had seven shots of Crown and water, and a preliminary breath test showed Thurby’s blood-alcohol content was .192 percent, more than twice the legal limit, according to the probable-cause statement in the case.

A jury found Thurby guilty following a trial in front of Jefferson County Circuit Judge Victor Melenbrink.

In March, Judge Melenbrink sentenced Thurby to four years in prison on each of the three counts. Two of the counts are to be served consecutively with the other to be served concurrently, meaning Thurby is to serve eight years in prison.

Williams has set up a Facebook group called “Bentley’s Law” to share updates about the law’s progress in each state.

Matthew Thompson is Child Support lawyer in Mississippi and supports a law such as this in Mississippi.

  1. The law is named after children whose parents were killed in crashes caused by drunk drivers.
Child Custody, Child Support, Divorce

Love your Child MORE than you Hate the Other Parent…

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Your job as the parent is to do what is best for your child every time.

It can be hard to show grace to a spouse/other parent who does not deserve, but most of the time it is what is best for your child.

It does not mean that they are not held accountable, but what it does mean, is that short of placing your child in true danger, you encourage and promote a relationship between the child and the other parent.

Just not saying hateful things (like they do ) is not enough. Your child is half of them and half of you. If you convince them that the other parent is ALL bad, then you are telling your child that half of their identity is bad.

Exceptions, of course, are made for abuse and dangerous conduct, but those are the exceptions, not the rule.

Matthew Thompson is a Child Custody lawyer in Mississippi and thinks the Family Law world needs a little more love.

(601)850-8000

Child Custody, Child Support, Divorce, Opinion, Visitation

Best Parenting Advice; Be Consistent and Be Positive

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No, this isn’t a Tony Robbins webinar.

This advice comes from years of custody disputes, multiple counselors, being a parent and seeing a lot of what-not-to-do.

#1 Be Consistent

Be there. Show up when you are supposed to. Be there when you can in addition to when you are supposed to. Be supportive mentally, emotionally, financially. Be calm. Be steady. Be there.

#1A Be Positive.

Be a good example. Be a positive role model. Say nice things about your child. Say nice things about the other parent. Be reassuring. Be encouraging. Be loving. Be affectionate.

That’s it. Do those things. You’ll win at parenting.

Matthew Thompson is a child custody attorney in Mississippi and encourages all parents to be consistent and be positive, even you.

(601)850-8000 Matthew@bowtielawyer.ms

Child Custody, Child Support, Visitation

How Do I Recover Back CHild Support?

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Below is a short clip from my most recent appearance on Law Call with Rocky Wilkins of Morgan & Morgan. The caller wanted to know about recovering unpaid child support and her facts allowed for a few more opportunities to educate the public on Mississippi Law.

Matthew Thompson is a Child Custody and Child Support Lawyer in Mississippi and reminds you that in Family Law, you can never go wrong if you do what is Right!

(601)850-8000 Matthew@bowtielawyer.ms

Child Custody, Child Support

Facebook, Friends and Your Judge…

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In Madison, Wisconsin a Judge accepting a litigant’s friend request was enough to warrant a new trial by a different Judge.

In 2016, a mother sought sole custody and child support in a modification action against the father. After a two-day evidentiary trial, the Judge gave the parties 10 days to submit proposals on how the Court should rule. After these submissions, but prior to the Court ruling the Judge accepted the mother’s Facebook friend request. This was unknown to the father.

While awaiting a decision, the mother liked 18 of the Judge’s “Facebook posts and commented on two of them.” However, the Judge did not like or comment on any of the mother’s posts, though he did not deny reading them.

In July, the Judge ruled in favor of the mother. That same day, the guardian ad litem for the child learned that the mother had posted on Facebook that “the Honorable Judge granted everything we requested” and then discovered the mother and Judge were Facebook friends. 

The father filed a motion to reconsider, arguing the Facebook frienship created the appearance of impropriety. The Court ruled that he’d made up phis mind prior to the request and denied the father’s motion.

The Wisconsin Appellate Court found that these circumstances clearly created the appearance of impropriety.

The mother’s friend request, and the Judge’s acceptance just prior to a decision “conveys the impression that [the mother] was in a special position to influence [the] Judge’s ultimate decision — a position not available to individuals that he had not ‘friended,’ such as [the father].

The appellate court did state that the “decision does not reach the merits of… [the] ultimate decision on [the mother’s] motion, and we recognize the parties will be required to relitigate their custody and physical placement issues.”

Source: https://www.jsonline.com/story/news/local/wisconsin/2019/02/20/judge-accepted-facebook-friend-request-woman-pending-matter/2925778002/

Matthew Thompson is a Family Law attorney and encourages you NOT to be Facebook friends with your Judge.

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Property Division, Visitation

The Updated BOOK is In. 2018-2019; Mississippi Divorce, Alimony and Child Custody with Forms.

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Get ’em while they’re hot…

Mississippi Divorce, Alimony and Child Custody with Forms, 2018-2019, is hitting the shelves and internet near you.

This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.

Matthew Thompson is a Family Law practitioner in Mississippi and has been the author of Mississippi Divorce, Alimony and Child Custody with Forms, since taking the reigns from his now retired Law School professor, the venerable Shelton Hand.

Matthew@BowTieLawyer.ms (601)850-8000