Category Archives: Child Support

Are YOU a Terrible Parent?

Food, shelter and clothing are necessities and while providing them is the minimum, doing so alone does not make you a great parent.

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  • Do you encourage a relationship between the child and the other parent?
    • Just NOT badmouthing them does not make you a great parent. You should encourage and promote a good relationship.  Oh, and it’s required when parties have joint legal custody.
  • Do you withhold financial support from your child?
    • Money isn’t everything, but there is no excuse for not supporting your child.
  • Do you degrade the other parent to your child?
    • “I don’t lie to my child!” 1) Yes, you do. Everyday, to protect them. 2) Telling them how big a scoundrel the other parent is hurts the child. Half of their identity is from that scoundrel!
  • Do you prevent your child from seeing the other parent or interfere with the visitation?
    • Out of sight is NOT out of mind. Absence can make the heart grow fonder…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.

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.

#1 Rule for Witnesses

Show up.

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If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.

When you do show up, tell the truth.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.

(601) 850-8000  www.BowTielawyer.MS   Matthew@bowtielawyer.ms

Always Get a Receipt: Proof of Payment

Cash is King, but only when you can prove you paid it!

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When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.

“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.

Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.

Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt. 

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

 

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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  • 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