Category Archives: Child Support

Child Custody, Child Support, General Legal, Opinion, Visitation

Paternity; Determining Baby Daddy

07/22/2013 BowTieLawyer 2 Comments

Paternity…Filiation…Who’s Your Daddy, whatever you call it, it’s the process where the Court determines who the biological father is and what his rights and obligations are.

Mississippi Law provides a number of statutes dealing with the Law on Paternity. Miss. Code Ann. 93-9- 1, et seq.

93-9-7 provides that the father of a child born out-of-wedlock is liable to the same extent as the father of a child born of lawful matrimony. The father can be liable for the “reasonable expenses of the mother’s pregnancy and confinement, and for the education, support, maintenance and medical expenses related to the child.” Additionally, a father can be liable for past support and maintenance for a period of one year prior to the filing of the paternity action. The father may also be ordered to pay the mother’s reasonable attorney fees.

Either the mother, the father, or any public authority chargeable by law with the support of the child may bring a paternity suit. This is what allows DHS to pursue these matters. The statute provides that once paternity is established the child shall have the surname of the father.

These actions may be brought in Chancery Court, Circuit Court or County Court, though most often are brought in Chancery.

Any agreements between the mother and father must be approved by the Court to be enforceable. A voluntary acknowledgement of paternity by a father is subject to a one year limit to challenge paternity. After one year, the only way to set aside a paternity Order is to show fraud, duress or material mistake and that you are not the father. Be careful about this. I always recommend a DNA/blood test, even if you “know.” If you are wrong you may still end up on the hook financially.

Also, if you find yourself in a paternity suit be sure to file for a determination of custody and visitation. DHS will not always do this and you could end up with financial obligations and no specific rights to see your child.

Matthew Thompson is a family law attorney in Mississippi and encourages you to hire an attorney if you find yourself in a paternity case.

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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, Child Support, Divorce, General Legal, Modifications, Visitation

Riding the Wave – “Coping” with Family, Law and Family Law

07/08/2013 BowTieLawyer Leave a comment

One of the best pieces of advice is to “ride the wave.” In family law, such as life, adversity is a given. How you respond is the key.

How you choose to deal with that adversity will directly contribute to the results you get. Oftentimes it is a common reaction to fight fire with fire, and we all know the eye for an eye sentiment, but that may not be the best response. I have previously blogged on dealing with stress and uncertainty. This one is a little different. It is not so much how to cope, but to try to use the adversity to your advantage.

A great example was when I was faced with a young father being sued for an increase in child support. He had experienced an increase in income and was really starting to enjoy life. The ex sued him and he viewed this as ‘just his luck.’ I explained that she may be entitled to a child support increase, that he was paying a very low amount from a previous order, that some time had passed since last being in Court and that an increase was due. As I discussed his situation he disclosed some frustration with the visitation schedule. How his new job, while paying well made the current schedule difficult to work and the ex was not too easy to get along with. I told him that since we are “going to court” that we should seek a visitation modification. He did not want to make things worse. I told him it would not. Ultimately, an increase in support was negotiated along with a visitation schedule change that allowed him more time.

He rode the wave, sure it cost more money, but that is what the law requires once you subject yourself to the Court system. He used the adversity to get a better result.

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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, Child Support, Crime, Divorce, General Legal, Marriage, Modifications, Opinion

What’s the Right Answer? (Family Law Conundrums)

06/14/2013 BowTieLawyer 1 Comment

Basic Family Law 101: (in most instances)

If you don’t know what the “right” legal answer is, do what’s “right,” and you’ll be fine.

-Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi. That is all.

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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, Child Support, Divorce, General Legal, Marriage, Modifications, Opinion

Car Wreck Attorney = Car Wreck Divorce

05/24/2013 BowTieLawyer 1 Comment

Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact. After they had a non-family law attorney “handle” it for them. It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills. This claim has shown true, especially in the economic climate we are currently experiencing. There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless. An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area. This knowledge and experience is INVALUABLE. Additionally, experience is the best teacher. Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need. Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

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

Child Custody, Child Support, General Legal, Modifications, Visitation

Churchill Wisdom; On Perseverance

05/15/2013 BowTieLawyer Leave a comment

Never, never, never give up.

– Sir Winston Churchill

I recently concluded a 3 year, 4-day, custody trial. The matter began 3 years ago on an emergency basis, removing custody of a child from one parent, due to their conduct, and placing custody with the other parent.

The matter took three years because it was in two different Courts; Youth Court and Chancery Court. There was a lawyer change about a year into the matter and it took some time to have the matter transferred from one Court to the other.

There were Orders regarding pyschological evaluations and parenting classes and requirements of completing those processes. Also, the delay benefited the party that had emergency custody, so having it concluded sooner was not a huge priority. It also took a long time to get to the trial setting. It was set months in advance but due to the Court docket being backed up it was not quick. Also, when the matter was not finished on the day set for trial, you do not just go back the next day, you get another setting months down the road.

This, however, is by no means a standard time frame, but it does happen. During the three years both parties wavered on pursuing the matter to the end, on compromising and just giving up. But, perseverance prevailed. Justice prevailed and the Court ultimately ruled on Custody and what was in the best interest of the child.

Matthew Thompson is a family law attorney in Mississippi and can attest that perseverance can win the race.

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

Child Custody, Child Support, General Legal, Opinion

War Stories; How NOT to testify (grandmother edition)

05/11/2013 BowTieLawyer 3 Comments

War Stories are the fun, awful, tough and unique occurrences that lawyers and parties in litigation get to experience and live to tell about it. At water coolers and break rooms throughout the world lawyers regale anyone who will listen about that time they…(this series will include a few of my own).

Facts: This was an initial Child Custody case, which means the Court must consider the Albright Factors. Dad had temporary custody due to prior child neglect allegations against mom. Mom was required to pay child support pursuant to this Order. Mom called her mother (Grandmother) to testify to corroborate that mom is good, dad is bad, and custody should be with mom.

On direct examination, that is when mom’s attorney was questioning grandmother, she did fine. She said mom was good, dad was bad for reasons including; he was not around and did not support the child, and that the child should be with mom.

On cross-examination, that is when I get to ask questions, the tone changed. From the jump Grandmother was defensive and combative. This was a mistake on her part. She should have stayed calm and exuded confidence, not anger. Even if she had to fake it.

Upon questioning about the neglect allegations grandmother downplayed them as a misunderstanding and had a story which completely excused mom’s conduct. The problem was there had already been 3 prior witnesses which contradicted this, one of whom was mom! Certainly they had to have had a discussion prior to court.

Next, grandmother took dad to task for “not supporting” the child, but her only “proof” was anecdotal. Nonetheless, she concluded he was no good because he was not supporting them and she knew this because mom told her so. Grandmother changed her tune about a parent being no good for not supporting the child however, once my questioning revealed mom had not paid child support in months, though ordered. It was different for some reason, but she could not be explain how.

Lastly, Grandmother had no real complaints about dad’s care-giving the last several months when he had custody and reluctantly admitted the child was doing well. She was also extremely evasive about mom’s new beau and that person’s involvement with the child. It was obvious she was trying to avoid giving that testimony.

Grandmother should not have testified. She added nothing and ended up undermining mom’s case. The only way to have known this would have been to thoroughly prepare her for direct and cross-examination and taking the time to view the case from both parties’ perspectives.

Matthew Thompson is a family law attorney in Mississippi and assesses your case from your perspective, as well as how the other side may approach it.

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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 Support, Divorce, General Legal, Modifications

Change, Change, Change…Change of Child Support

05/10/2013 BowTieLawyer 2 Comments

I have previously blogged on the Mississippi Legislature, a.k.a. “the hissing possums” thanks to SNL, possibly taking action on proposed Child Support changes. One such change was passed and will be in effect as of July 2013.

Senate Bill 2338 sought to increase the income levels that the child support guidelines are applied. Child Support is a statutory amount on income. (Child Support, What you Owe). If your income was between $5k -$50k per year, Adjusted Gross Income (AGI), the guidelines applied and the Court computed what you owed. The new law increased the income range to $10k-$100k per year, AGI, for the Court to base Child Support. MCA 43-19-101(e)

Currently, if you make $50k per year support for one child would be around $585. This figure is 14% of $50k. From there the Court could skew it upwards based on the needs of the child or if you made higher income, if appropriate. So, your obligation could range from $585 -$1,200 per month, give or take, depending on your AGI income. The law change makes the 14% apply directly to all sums over $50k up to $100k. So, support on $100k AGI would be $1,166.00 per month. As stated prior, this change likely just keeps higher wage-earner’s support in line with what they are already paying and is not a substantial change, as the Court could always deviate upward, or downward, if warranted.

I think the “possums” got it right and this change, while in practical effect is not too significant, does address in some respects the low rates nationally that MS is known for. H/T to Judge Primeaux’s blog, 12th Chancery Court District of MS.

Matthew Thompson is a family law attorney in Mississippi and reminds you to pay your child support and pay it often.

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

Child Custody, Child Support, Divorce, General Legal, Modifications, Visitation

A Fool for a Client…and Lawyer

04/04/2013 BowTieLawyer 1 Comment

“He who represents himself has a fool for a client.”

– Abraham Lincoln

Oh, I have heard the stories that so-and-so did it and “won,” but that is the exception and not the rule. Family law cases are hard to manage anyway, much more so if you don’t know what you are doing and if your judgment is clouded by high emotions. I have seen many a Pro Se client just do awful.

Pro Se is the term the Courts use. It is Latin, meaning “for oneself.”

Lawyers have specific training and education regarding Court rules, rules of evidence and procedure. Legal matters require things be done in a certain fashion or they are not valid. Lawyers, usually, have experience with that particular area of the law and the Judge handling the matter.

I was involved in a case where the father, representing himself, sued the mother for interfering with his visitation, according to him. He filed the suit, had her served and got a Court date. Oops! He did it wrong. After filing, he should have gotten the Court date, had a summons issued (the correct summons by the way, a Rule 81 Summons in this instance) and then had the mother served. Because he did it wrong it, he could not get the relief he was seeking and had to do it over. In the meantime, mom met with her attorney, who asked the right questions. It turns out dad was well behind on his child support and that the child and the father had a significant altercation which prompted the visits to stop. Now, mom was armed with a lawyer, the law and filed against dad. Ultimately, dad was held in contempt for non-payment of support. He had to pay mom’s attorney fees and once the Judge heard about the altercation between the child and father, he ordered anger management counseling for dad and restricted visitation until dad re-petitioned the Court for visitation, after completing the counseling. I like to think that if I had represented dad it would have been a different outcome or perhaps dad could have tried to resolve things without Court involvement. He should have had an attorney. Click here for blogs on “Do I Need an Attorney?” & “How do I Find an Attorney?”

Representing yourself is about the worst thing you can do in a divorce and custody case!

Matthew Thompson is a family law attorney in Mississippi and thinks it wise to see an attorney before you try to represent yourself, and to not do it even after that.

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