Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case. Here are a few of the major areas of family law, the simple explanations and links to more information.
Stuart Miles /freedigital photos.net
Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”
Additional practice areas will be featured and defined throughout the year.
Matthew Thompson is a family law attorney and handles a variety of family law legal matters.
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
On the heels of “Just One Simple Question” comes the second most asked question, “Do I need a Lawyer?”
If you are asking the question you probably need a lawyer. Lawyers aren’t all evil and repugnant beings, perhaps many, but not all.
Lawyers that are experienced in the area you need help in usually are very valuable. This can be seen often in family law. Many times I have seen bad deals that the client entered into because they did not know better or they were told it was standard.
Clients have agreed to paying more monies than they would have owed and frankly more than they can really afford. I have seen agreements that limited a parent’s access to a child for no good reason. I saw one agreement where the parties agreed to each maintain a million dollars in whole life insurance. Neither knew what that meant or the actual expense they were actually agreeing to be responsible for. I have seen many agreements that call for the sale of property, such as the home, but do not address the terms of the sale, who pays what until it’s sold, who claims the mortgage interest deduction, and what happens if the parties cannot agree on negotiations.
Lawyers can help. Really.
Matthew Thompson is a Family Law Attorney in Mississippi and if you find yourself asking if you need an attorney, you r probably do.
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
Chad brings with him over a decade of family law experience, having served as law clerk, paralegal and office administrator over his many years of working in the legal community, and now as Associate Attorney.
Chad will be handling family law cases such as divorce, alimony, child custody and support and will also be handling adoptions.
Chad earned his Doctor of Jurisprudence from Mississippi College School of Law in 2015, where he served as President of the Family Law Society and as a Student Attorney in the Adoption Clinic. He also served as an Adjunct Professor in Paralegal Studies at Hinds Community College.
Chad King is a Divorce and Family Law Attorney in Mississippi and prefers “No Tie” over a Bow Tie.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Thompson Law Firm with your family law matter or question at (601) 850-8000 or Chad@bowtielawyer.ms
Albert Einstein is credited with saying that Insanity is “doing the same thing over and over again and expecting different results.”
Whether he said it or not, the premise holds true in family law. If you keep making the same bad decisions you will continue to get the same bad results.
Illegal substance use or alcohol abuse, not paying your Court-Ordered obligations, and ignoring legal proceedings all lead to more trouble, more expenses and bad results.
So what can you do? STOP.
Stop using illegal drugs. Stop drinking alcohol. Get help. It’s out there and worth it. Start paying your Court-Ordered support. At least pay something. Stop ignoring your lawyer. Stop ignoring the legal process. Judges love a comeback story.
Matthew Thompson is a Mississippi Divorce Attorney and advises you to stop making bad decisions.
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
I routinely ask client questions that can be answered simply, but rarely get the simple, straight forward response.
“How much child support are you Ordered to pay?”
“”$750.00 per month.”
“Have you paid it?”
“Well, you see, I was going to, but my car broke down and then I was writing the check ,but she said I could’t get them…”
There may be a great explanation, but first things first. Did you pay? Are you in compliance with the Order? Yes or No? Then explain if needed. Don’t try to guess. Just answer what is asked.
A great tip for doing this is to practice with your attorney so that you know why the question is being asked. Said another way, begin with the end in mind.
Matthew Thompson is a Family Law Attorney in Mississippi and wants you to tell your story, but answer the question first.
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 theIncome Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses theObligor 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
Mom and Dad get a divorce. Things go okay. A few years later they decide we can make some changes. Dad gets a little more time, Mom “agrees” to a little less money…
pakorn freedigital photos.net
The Court process takes too long. Attorneys cost too much. Plus, Mom and Dad agreed! They switch to a week-on, week-off custody arrangement. The kids are older, it works. Dad starts paying support directly for the benefit of the kids. He pays for the child’s car and insurance, and picks up health insurance which was previously mom’s responsibility. Dad does not pay mom directly. It’s about the same money, probably. What could go wrong?
Court Orders may only be modified by other Court Orders. Once an Order is issued and in place the parties are bound to follow it. This is so ironclad that the Court has a mechanism in place to enforce its Orders that can result in the breaching party having to pay fines and/or go to jail. This process is called Contempt. If you are not following the Order in your case, you are subject to a Contempt Petition being filed by the other party.
But if we agreed what’s the big deal? The big deal is that the new Agreement is not worth the paper it’s not written on, if not approved by the Judge.
At some point in the future, and it never fails, Mom and Dad have a falling out, again. Mom goes to an attorney and tells him that Dad has not paid child support in two years. Mom sues Dad for Contempt for all of the “back” support and then “un-agrees” to the custody change and goes back to an every other weekend schedule for visitation. Dad counter sues for a custody modification seeking custody now due to mom’s change and contempt over the health insurance issue. The only sure thing now is that each may well be in contempt and the Court is left to sort it out.
If you modify your Order/Agreement do it in writing, signed and approved by the Court. It’s the only way to guaranty that the Agreement is enforceable and for protection from being subject to Contempt for not doing what was in the prior Order.
Matthew Thompson is a Family Law Attorney in Mississippi that handles Modification of Custody and Contempt actions for failure to pay child support and reminds you to pay your support early, often and keep good records!
There could be a law school class; Charlie Sheen and the Law.
Charlie on Restraining Orders:
“Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)
Charlie on being “Bi-Polar:”
“I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.
Charlie on suing CBS:
“They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”
Charlie on why he is a “Winner:”
“I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.“
Charlie on Drugs:
“I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”
Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.
Follow the blog: #BowTieLawyerVisit the website: #Thompson Law FirmYou may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
(601) 850-8000 - - BowTieLawyer.MS 