Category Archives: Child Support

Child Support, Divorce

5 Big Lies about Divorce; The Internet is WRONG.

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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 the Income Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses the Obligor 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 

Child Support, Modifications, Visitation

Changing Your Papers WITHOUT the Court; Danger, danger, danger

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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!

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

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Child Custody, Child Support, Crime, Divorce, General Legal, Marriage, Modifications, Opinion, Uncategorized, Visitation

Charlie Sheen- Law, Love and Winning

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After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.

http://www.foxnews.com/entertainment/2013/12/22/charlie-sheen-/

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.”

 

Quotes courtesy of Mr. Sheen and US Magazine.

Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.

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

 

Child Custody, Child Support, Divorce, General Legal

Racing in Rankin; Chancery Judge Election is a Four-Man Race

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Rankin County politics are always exciting.  The Chancery Judge race is likely to be as well.

Click here for the most recent Update, Roberts in Rankin, Walker in Madison…

Click here for You CAN Pick your Judge.

4 candidates are in the final mix, but it’s not the same line-up as previously blogged.

Haydn Roberts has jumped in and Craig Slay has bowed out.

Rankin County,the 20th Chancery District, is currently served by Judge John Grant and Judge John McLaurin, just appointed by the Governor. A new position, for a third Judge, has been created by the legislature with the election to be held November 3, 2015.

Haydn Roberts

Haydn Roberts is the latest candidate, but is a very familiar face. Roberts previously served as the Staff Attorney in Rankin County for Judges Grant and Fairly for the past eight years. He has been involved “in over 10,000 cases by assisting the Chancery Judges with case management and review, editing and writing opinions, helping local lawyers with procedure and guiding lawyers and litigants through the Chancery Court litigation process.”

Haydn is also serving as the Family Master, a position prior served by John McLaurin . The Family Master is a part-time Judge hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear.

Roberts graduated from Ole Miss and Mississippi College School of Law.

Prentiss M.  Grant

Prentiss Grant “has lived and built his law practice in Rankin County for the past twenty-six years. Prentiss’ law practice is concentrated in family law, and eighty percent of his cases are tried in Rankin Chancery Court.”

Grant  graduated from Northeast Louisiana University and Mississippi College School of Law.

Rusty Williard 

Rusty Williard has “spent 30 years trying Chancery cases and 15 years [in] Rankin County.”  Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate.

Williard graduated from Millsaps College and l Mississippi College School of Law. 

James (Jim) M. Nix

Limited information was available about Attorney Nix. An on-line presence was not readily apparent.

Company: Jones and Nix, PLLC
Admit Date: 06/02/1981
Physical Address: 814 N President St
Jackson, MS 39201
Mail Address: P O Box 55601
Jackson, MS 39296-5601
Phone: (601) 948-6800
Fax: (601) 948-7100
Email: jones-nix@att.net
Status: Active

Matthew Thompson is a Family Law Attorney and practices in Rankin County Chancery Court.  Residents of Rankin County should research and support the candidate of their choice for this important position. 

Follow the blog: BowTieLawyer

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Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion, Property Division, Visitation

New Judges are Coming… 11th, 20th, & 4th Districts; The Scoop on the Candidates.

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Family Law is not necessarily full of exciting news. Sure, we have juicy stories of debauchery, but that has occurred since man became upright…

Illustration by Barbara Kelley 

But, getting 3 new Judge positions is exciting!

Governor Bryant signed into law a bill that creates 3 new judges to hear divorce, custody, child support, paternity, will, estate and land matters, among other limited areas of the law.

These 3 new judges will be over districts that have been in much demand for another Judge.

District 11 is getting a 3rd Judge. District 11 covers Madison, Leake, Holmes and Yazoo counties. The Current Judges are Cynthia Brewer and Robert Clark, III.

The candidate for this seat is James Walker (click for website). Walker is the current Family Master for the District, hearing Emergencies,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer and former staff attorney for DHS.  Walker is the definite front-runner (FB).

District 20 covers Rankin County and will likewise be getting a 3rd Judge.  The current Judge is John Grant.  There is a vacancy for the 2nd Chancellor due to the untimely passing of Judge Dan Fairly– which will be filled, most likely, by appointment and special election.

Craig Slay is the only candidate that has qualified for the new position, but the rumor mill has at least 4 other candidates in the mix. Slay is the Board Attorney for the  Rankin County Board of Supervisors and has practiced law for nearly 20 years. At the time of this post Slay’s social media presence was not readily apparent.

Prentiss Grant is one of those candidates. He has announced publicly to be in the running for Rankin Chancery Judge, though not listed yet on the Secretary of State’s website.  P. Grant has practiced for over 25 years and handled many Chancery Court cases, among criminal and personal injury areas of practice as well.

This will be an exciting race to watch!

District 4 covers Amite, Franklin, Pike and Walthall counties and will be getting a much needed second Chancellor.

Conrad Mord is the only candidate to toss his hat in the ring so far. Mord has practiced in the district for 40 years and currently serves as the Youth Court Referee, a.k.a. Youth Court Judge. The current lone Chancellor is Debbra Halford.

Stay tuned for all of your Family Law Judge news.  This election coverage will be updated as more candidates qualify, though not so much coverage as to be soul-crushing to the casual reader!

Matthew Thompson is a family law attorney and is interested in the election process and the candidates that will decide critical issues for Families in Mississippi.

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.

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Child Custody, Child Support, General Legal, Opinion

Family Law Bill of the Day; What Are They Thinking

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Yesterday was about a proposed change in Fault Grounds in Mississippi law. Today is about a far different change…

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House Bill 714, hb0714in, seeks to declare a presumption that a child’s best interests is NOT served by being placed in the custody of a homosexual person, even if it’s the biological Parent.

Regardless of one’s political and/or religious views this would create significant problems in the law.  The law currently recognizes a concept called the Natural Parent Presumption.  This means that a Natural Parent is the best parent to raise their own child as they deem best.  This is well founded, accepted law. Additionally, you have a Constitutional Right, as a parent, to raise your child as you best see fit, assuming you are neither neglecting nor abusing your child.

The problem that HB 714 creates is that it will in fact require a Court to conclude that a parent is presumptively fit and unfit if that parent was the natural parent and homosexual. It ignores the fact that a homosexual can be a biological parent triggering the Natural Parent Presumption, it creates a presumption of unfitness based solely on sexual orientation with NO criteria of whether that parent “acts” on said orientation and it provides no litmus test for homosexuality. This also ignores the fact that a Court may already consider the morals of parents and take that into considerations when determining Custody. It assumes bad parenting when there is no reasonable basis to do so (Click for Real Bad Parenting).

This appears, at best, to be election year pandering and, at worst, an unconstitutional restraint on a Parent’s Right to Parent. This would not withstand a Constitutional  challenge, in my opinion. And, is another reason that MS will catch ridicule as being so Heavenly Focused that we’re no Earthly good.

Matthew Thompson is a Child Custody Lawyer in Mississippi and believes that the Albright Custody Factors allow for the Court to consider ALL issues that the Court deems necessary to determine custody of a child- and that’s a fact!

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.

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Child Custody, Child Support, Divorce, Marriage, Opinion

Judges Love This – Making a Comeback; Turning Adversity into a Positive

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I’m not going to go all Tony Robbins on you, but Judges love a comeback story.

Adversity is a part of life.  Oftentimes it is self-inflicted. I see a lot of clients that do things that are against their own best interests and it is a safe bet that at the next hearing they will have to answer questions about it.  However, just because you did some things you should not have does not mean you should give up and wallow.

I represented a client who was an alcoholic.  This person would drink themselves into oblivion and was an abusive person under the influence.  As expected it lead to trouble in the marriage and home-life and with work.  It impacted every aspect of their life.  He was sued and the wife sought temporary custody and sought to get temporary support.  He was served and summoned to a court date.  We showed up and the other attorney was expecting a fight.

We had a conference with the Judge and the other attorney told the Court all of the awful things my client does while under the influence. The Judge, so used to hearing two or three sides to every story, asked for my take.  I advised the Judge my client had a serious problem with alcohol and when under the influence acted in an inappropriate and unjustified manner, however when sober was a great father, worker and person. That the real issue was addiction and that my client needed help.

The Judge and the other side were surprised by the candidness displayed.  The Judge told a story of her own relative who struggled with alcohol abuse and that she wished he would have had the opportunity for help. The Judge stated that if he admitted a problem that she would assist in getting him help and would not hold it against him.

He was committed to an alcohol treatment program and his support obligations were held in abeyance pending completion.  It was exactly what was needed.

You can turn negatives into positives, you just have to stop doing the negatives…

Matthew Thompson is a Mississippi Divorce Attorney and will try to help you turn adversity into advantage.

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

Child Custody, Child Support, Divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

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