Category Archives: Child Support

Where Does Your Child Live? Child Custody

“I have Joint Custody.”

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I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.

There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.

Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on.  It is commonly Joint Legal Custody, but this has no bearing on the schedule.

Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.

Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”

Matthew Thompson is a Mississippi Child Custody attorney.

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

3 things NOT to say the First time you call a Lawyer.

Calling a lawyer for the first time feels worse than going to the dentist or seeing a letter in your mailbox from the IRS.

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In addition to being nervous, you are typically calling because you are having legal problems and need help.

3 things NOT to  say on that first call:

  1. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. Y’all have to do free (or pro bono) cases, right?!

 2. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. How much is a No Fault divorce?

         TLF: Well, John, that depends upon whether all of the issues are agreed upon with regard to…

        PC:  Attorney “So-and-So” said he’d do it for $500.00 dollars!

     3. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. I need a bulldog! I want a Junk Yard Dog that will get down and dirty, do whatever it takes and be willing to go lower than Trump or Hillary!

         TLF: Well, sir,  all we do at TLF is family law, but there is a right way of handling matters…

BONUS:  TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John and I need a divorce…hold on just a second…(said into speaker) I need a #5, super biggie sized, extra ketchup and pickles, and a diet coke…(back to TLF)…now, where was I?

Matthew Thompson is a Mississippi Divorce Attorney and knows it’s hard to make that first phone call, but NOT doing the above and being prepared will make it easier.

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

 

 

You Got Served! Now What?

Is that person following me? Why am I being called up to the personnel office? You hope against hope that it is not a package from 1) the IRS, or 2) an attorney.  The person may be a plain clothes process server you have never seen before or even a sheriff’s deputy or constable.  What do you do? Run? Scream? Invoke the Castle Doctrine? No.

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Breath. Take the papers. Be polite to that person, as they may later be a witness.

What to do When you get Legal Papers?

  • 1) Take the papers.
  • 2) Review the papers.
  • 3) Make a copy.
  • 4) Take them to an attorney.

“Okay. I took the papers. What next?” Call your lawyer.  DO NOT IGNORE THE PAPERS!  Do not put them in the car to be forgotten. Do not pile them up with your junk mail.

In most instances the moment you received those papers a potentially critical deadline began to run.  That deadline can be from 2 days to 7 to 30 or 45 days, but nonetheless a clock is now ticking.

On numerous occasions I have had a potential client call and say that they have Court on Wednesday. I think, “well…today is Monday they can’t do that.” My next questions is when did you get the papers? “About 2 months ago”  Yikes. Don’t do this.

Think of all the anxiety they have put themselves through with the weight of those legal papers on their mind. If you get papers take them to an attorney.  Have them reviewed, know what they mean and how you need to respond to them.

Matthew Thompson is a family law attorney. “Leave the drama, take the papers.” (apologies to the Godfather).

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

Family Law Practice Areas…defined.

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.

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Stuart Miles /freedigital photos.net
  • Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”

Fault Process and “No-Fault” process.

  • Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
  • Child Support– who pays, how much and for what.

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

Why You NEED a Lawyer.

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 King, Esq.- Thompson Law Firm,pllc

THOMPSON LAW FIRM, PLLC,  IS PLEASED TO WELCOME CHAD KING AS ASSOCIATE ATTORNEY.

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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

The #1 Way to Make Things Better? STOP making the same bad decisions…

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

Tip of the Day: Speak with Efficiency

ef·fi·cient
(especially of a system) achieving maximum productivity with minimum wasted effort or expense.
(of a person) working in a well-organized and competent way.
Sira Anamwong/ freedigitalphotos.net

Too often in Court, depositions, and generally responding to questions, witnesses provide too much information.  In an attempt to tell the “whole truth” the facts get muddled and the point gets lost.

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.

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