Category Archives: Child Support

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

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

Mississippi: Same-Sex Marriage and the Rational Basis Argument

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Any minute Mississippi will be in the national spotlight.

At issue are two pending Federal Court cases attempting to strike down the ban on Mississippi’s Constitutional restriction against same-sex marriage, and a state law prohibiting same-sex adoption.  The arguments have been made and the matters are in the “bosom of the Court.”

The question that the Court is deciding is whether there is a “Rational Basis” for the State (Governmental entity) to restrict the rights of citizens eligible for marriage to one another.

The Rational Basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.

During the arguments the Judge asked what is the State’s rational basis in preventing these persons from marrying and adopting.  The State’s response was “responsible procreation.”  Based on that response the Court’s ultimate task is to determine 1) is “responsible procreation” something the State has a legitimate interest in, and 2) are the State imposed restrictions rationally related to that goal.

A ruling should come swiftly and the early indications, based on the Judge’s questions and the reception of the arguments presented, are that Mississippi will be the next State to recognize and allow same-sex marriage.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law -Domestic Relations and is closely following these pending cases and the impact they will have on Mississippi Family Law.

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

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Child Custody, Child Support, Divorce, General Legal, Modifications, Opinion, Visitation

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

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, Crime, Opinion, Visitation

How NOT to Hire an Attorney.

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Desperate times call for desperate measures, but don’t take things too far..

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A recent Craigslist add was seeking to raise funds via a non-traditional manner. Organ sales.  However, this is not your grandmother’s musical instrument.  The ad stated, in part;

I am a healthy active 37yr old, 6′ tall white man of strong european bloodline. I am drug a disease free and have two healthy kidneys and all I have left to sell is one of them. I have been going through custody battles for the last 4 years and am flat tapped out of money and property left to sell. My son is my one true love and his mother wont be happy or stop lying until Im out of the picture and she is being helped by a devious liar of an attorney. I wont give up on my son and am willing to do what it takes to stand up for him. I have to give my attorney some money and this is all I can come up with. I am employed and have a job I love, but I need to lay down thousands of dollars at this point, attornies are not cheap. Please help. Call ****** ***-***-**** ALL EMAILS WILL BE DELETED. Thanks.

I do NOT know if the above is legit or not and I assume it is not.  Sacrificing your health and potentially your life is not the way to “win” custody. Also, organ sales are illegal in the U.S.  The National Organ Transplant Act (1984 Pub.L. 98–507), approved October 19, 1984 and amended in 1988 and 1990, outlawed the sale of human organs and provided for the establishment of the Task Force on Organ Transplantation; authorized the Department of Health and Human Services to make grants for the planning, establishment, and initial operation of qualified Organ Procurement Organizations (OPOs); and established the formation of the Organ Procurement and Transplantation Network and Scientific Registry of Transplant Recipients.

Don’t sell your organs to hire or pay for your attorney.  There are other solutions if you are completely tapped-out, but this ain’t it.  Read about options if you cannot afford an attorney here.

Matthew Thompson is a Mississippi Family Law attorney and cautions those in legal situations, not to make their circumstances worse.

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