Category Archives: Child Support

Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage

Mediating Family Law; Resolving Your Case on Your Terms or Not.

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I will be mediating a family law case, or rather agreeing to mediate a divorce, custody and property division case in the near future.  Mediation is a process whereby the parties agree to meet and attempt to resolve all issues prior to going to trial or without having to go to trial.

In a mediation the parties agree to hiring a third-party, typically another attorney or retired judge, to “hear” their  case.  Now the mediator is NOT the main authority.  In fact, the mediator cannot compel either of the parties to do or agree to anything. The mediator’s role is to point out the strengths and weaknesses of each sides case and to try to find common ground.  Sometimes the mediation is based on reason and logic and sometimes it is based on emotion or just some number someone is trying to reach. Almost anything can be mediated, though a rule of thumb is to not mediate when not prepared factually, legally (research wise), or with an abuser.

Pros:

  • The parties have the ultimate say in the final outcome.
  • Mediator gets to hear “everything,” so a party may have their “say.”
  • It is appeal proof. (unless fraud involved)
  • It can save fees and expenses.
  • It can reveal strengths and weaknesses in a case.
  • It works.  (approx 90% of the time)

Cons:

  • If there is no agreement there is no settlement.
  • Mediator’s opinion is non-binding.
  • It can add a layer of expense.
  • It can be frustrating.
  • It may not work.

Mediation is not a silver bullet to end litigation. It is just another implement in the tool box of resolving and litigating cases.

Is mediation right for you?  Almost any matter can be mediated. Speak to your attorney for more information.

Matthew Thompson is a family law attorney and believes in the mediation process, though it may not be right in every situation.

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Child Custody, Child Support, Divorce, Grandparent Visitation

‘Til Death, Even in Divorce

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There  is an old joke that the only sure things in life are death & taxes.  Even in divorce you still have to worry about death and taxes.

Death:  I have had several pending cases ended by death.  In one instance my client’s spouse died very suddenly of an accident.  It ended a contested divorce and custody case that had been progressing very slowly and not particularly amicably.  While the divorce and custody issues were over, it created new issues with the deceased spouse’s family. Grandparent visitation issues and intestacy issues arose, since the spouse died without a will (intestate).  This made the surviving spouse and children equal beneficiaries.  This was something the deceased’s side of the family was not to keen about.

I was also involved in a case where the non-custodial parent got custody of the children when the custodial parent died after the case was “over.”  They had been divorced for a few years.  But upon the custodial parent’s death the children when back to the surviving parent.

Death does not end the issues you have with the other parent or former spouse.  I know a lot of divorcing spouses may think it will solve all of their problems if that so-and-so would just die, but it could leave your children without their other parent.  It can create issues with the former in-laws, who now may be pursuing their rights of grandparent visitation.  It can create financial uncertainty as support obligations end at death, usually, and there might not be insurance or enough insurance.

Be careful what you wish for…

Matthew Thompson is a family law attorney that hopes your case is not prolonged or shortened due to the death of your attorney.  (Taxes will be the subject of another riveting post).

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

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Bow Tie, Child Support, General Legal, Grandparent Visitation, Modifications, Opinion

Behind the Scenes; LawCall, TV, Radio & Speaking)

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Recently I was invited to be on the TV show LawCall.  I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.

LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively.   The show features guests attorneys from across the state of Mississippi.  Every show highlights usually an area law.  The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.

This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies.  I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar.  I also routinely speak at CLEs (continuing legal education seminars) on Family Law.  I really enjoy these opportunities to talk about what I do.

On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky.  Ben and I discussed general family law topics prior to the show.  I also met and spoke with the moderator/ TV facilitator Tamica Smith.  Tamica is a pro.  She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.

When I arrived, I received my instructions from Charley Jones and his wife Angela.  They produce LawCall.  I received an ear piece where I could hear the control room and the callers.  We did a run down, which is just a practice run of the show.  I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look.  This was the toughest part for me.  There were 3 cameras.  The one to my right I was never to look at.  When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera.  It took some practice and just as I was getting the hang of it the show was over!

There were 4-5 callers with some really good questions.  There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be.  There was a question about Grandparent’s rights.  Grandparents have rights guaranteed by law in Mississippi.  A caller asked about whether his alimony obligations could be changed.  Based on what he described he could seek to modify his obligations.

Behind the scenes.  One of the newscasters had on jeans.  You only saw him from the waist up on TV so it did not matter…  It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top.  It was only water in the coffee mugs.  I got to keep the mug.  Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning.  How is that for marketing results!

Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements.  If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”

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

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.

 

Child Support, Divorce, General Legal, Marriage, Property Division

The Top 5 Lies of Divorce Clients

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There is an old lawyer joke… How do you tell when your client is lying to you?  When their lips are moving.  Lying to your lawyer is a really bad idea for multiple reasons.  It is primarily bad because advice can change based on the facts of your circumstance and if we, as the lawyer, do not know the facts our advice may not be right.  And the whole perjury thing is bad too.  Without further ado, here are the top 5 lies that clients tell.

  • 5.  Lies about Income.  
  • Clients that make a lot of money often understate their income.  Also, I have had clients say they make more than they do, I guess because of embarrassment.  It is a really bad idea to lie about income regardless of the reason.  The other party has the right to get pay records directly from your bank or employer and lying about making more than you do can result in you paying more than you owe.
  • 4.  Lies about their role within the Home.  
  • The husband comes in and says he does all of the cooking, cleaning, child rearing and otherwise paints himself as Martha Stewart, when he is more like Haagar the Horrible.  Out pillaging, but not big on household chores.  This matters because it effects the division of assets and has custody and alimony applications.
  • 3.  Lies about Other Marital Fault.
  • #3 is other marital fault because it is saving room for #1.  But this means that the client tells you about how awful the other party was.  How they were attacked or provoked and only reacted and defended themselves.  They “forgot” to mention the domestic violence conviction and the meth lab in the garage.  Oops.
  • 2.  Lies about Value$.
  • In a similar vein to lies about income, clients understate the value of investments, collectibles and businesses.  This can be very significant and a husband that misled the Court about the value of his privately owned business resulted in the wife coming back after the fact and getting more value when he had a falling out with a business partner.  Also, that 1953 Chevrolet Coupe is worth more than you are saying it is.
  • 1.  Lies about Adultery.
  • #1 for a reason.  It’s hard to admit when you are wrong.  By the way, “I didn’t have an affair, it was just a one-night stand,” is still an affair. It is adultery.  Lying about this can bumfoozle a legal strategy of trying to prevent the divorce.   If the other party has grounds against you and wants a divorce they can get it.  If you lie about it chances are you will eventually be caught.

These are just some of the lies told everyday.  It is important to tell your lawyer the truth, including the dirty details. It can make a difference in your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

Follow the blog:#BowTieLawyer 

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

Know Your Rights! Get a diagnosis.

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This blog is inspired by the many, many folks I encounter on a weekly basis who have “no clue” what their rights are.

  • If you’re ill, you go to the doctor to get a check-up.

  • If your car is squeaking, you go to the mechanic.

  • If your roof is leaking, you call the repair man.

But if you think you are in a legal situation, what do you do?  YOU IGNORE IT!

Do NOT ignore it.  Go see an attorney.  They don’t bite.  We’ve already discussed how to determine if you need one (here) and how to find one (here).  This is just aimed at the folks on the fence and those choosing to be blissfully ignorant.  Not knowing your rights, not knowing the law, and not knowing your options is a bad thing.

There are deadlines, timelines, and statutes of limitation.  Memories fail, people forget or misremember, documents get lost, people get lost, and “witnesses” die.  Records get erased, deleted and shredded.  Bruises and wounds heal, scars fade, and most persons recall times past more fondly (or at least not as bad) than they were.

Get off the fence.  Get informed and know your rights.

Thompson Law Firm, pllc    Matthew@BowTieLawyer.ms    (601) 850-8000

Child Custody, Child Support, Divorce, Irreconcilable differences, Opinion

From No Fault to Yo’ Fault

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The clever title to this blog was proposed by an attorney friend of mine that handles some family law matters, but practices extensively in other areas of law.

We were recently discussing how “No Fault” cases get derailed.  While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce.  (commonly referred to as “No Fault,” blogged prior.)

We were discussing what gets them off track.  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 9 years, have two kids and bought a house.  What could go wrong?   Perhaps they searched online and looked at divorceyourself.com.  A very risky idea!

Well, the old adage that the devil is in the details is never truer than in divorce.  The No Fault idea gets derailed when the fellow realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. Yikes!  He realizes it’s cheaper to keep her.  (sorry for the cliché)  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, not 18 in Mississippi.  They don’t know the types of custody, or what that means.  They agree to things that they cannot legally agree  to and fail to consider the consequences.  They agree to “legal terms” that do not exist in Mississippi law, because they saw it online.  And lastly, one of them is finally convinced to see an attorney by a close friend or family member and when they do and realize the consequences of what they were about to do and back out, the other side becomes angry and backs out too.  All of a sudden an easy deal becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault?  Do your homework, 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.  Trust the Bow Tie.

Follow the blog: BowTieLawyer

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Child Custody, Child Support, Divorce, Modifications

Deposition Imposition; What is a Deposition?

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Depositions are routinely taken in lawsuits, and are common in family law cases.  A deposition is a part of the “discovery” process where the parties or a witness are asked questions, under oath, outside of Court, so that the attorney will know what they will say when in Court.  You have heard the old maxim that an attorney should never ask a question that he doesn’t know the answer to, well the deposition is the mechanism where you can ask that question.  A wide variety of questions may be asked in the depositions even those that likely would not be relevant in Court.

Depositions are usually at the attorney’s office. The attorneys, the parties and a Court reporter are typically the only persons in attendance.  Depositions are transcribed and may be videotaped.

Questions about the witnesses education, work, finances and efforts with regards to the children are all fair game.  The dirty details of fault are also fair game. Naming names and being specific are part of the process too.  Depositions are a tool to gain information as well as pin witnesses or parties down on what their “story” is so that it does not “change” later.

I had an instance where I took the father’s deposition in a custody modification case. Both parties had remarried.  Step-parents always have a bull’s eye on their backs in custody modification cases. I made sure and asked the father several times and different ways if he had any issues with step-dad.  The answer was “No.”  Well, it took several months to get to trial. At trial the father tried to change his tune.  He attempted to say he had serious issues with step-dad and had for as long as he had been in the picture. I asked the father if recalled his deposition. He stuttered. I showed him the specific page and questions asked. He said he must have forgotten about the serious issues at the time of the deposition. Right.  He backed off on his assertions and the deposition “saved” the day.

Objections are rare in family law depositions, or at least less common than in trial.  They are typically limited to the “form of the question,” being made to preserve the right to object in the future, but the deponent usually still answers the question.  Questions regarding crimes, however, can be objected to and those are usually not answered – with the deponent pleading the 5th.  The 5th Amendment to the U.S. Constitution gives all persons the right to not incriminate themselves.  How does this come into play in family law? Adultery is a crime in Mississippi (blogged previously).

The bottom line in depositions is, while they are nerve wracking for the deponent, ultimately you are just answering questions and your job is to tell the truth and rely on your attorney.

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