Category Archives: Child Support

Child Custody, Child Support, General Legal, Visitation

Why a Lawyer Does NOT Call You Back.

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It’s just a “…quick question.  Just one question. Does the father of my baby have any rights and will I get in trouble if…”

We all get them. A voice-mail left in the inbox, an email or a comment/question on the website.  The problem is answering just one question could very well be considered rendering legal advice.  Upon that being done, a lawyer’s responsibility can grow exponentially. Huh?

You call and say;

“this is Miranda. I just want to know if Ricky can see my baby and if I’ll get in trouble if I don’t let him.  We went to court some years ago and the judge said he had to pay but that I had custody…”

There is no way to answer the above adequately without more information.

  • What did the Order state?
  • Who has legal custody?
  • Who has physical custody?
  • Does he have visitation?
  • Why are you refusing?
  • Is he dangerous?
  • What was he ordered to pay?
  • Is he in arrears?

Without more information any answer is dangerous and could very likely be wrong.  And once you’ve relied upon it and then sued over it you say, “Well, Lawyer so-and-so told me to do “x.”

That is why lawyers do not call you back when you are not a client. (When you are a client and don’t get a call back is another story entirely, and a blog for another day.)

Matthew Thompson is a family law attorney and sometimes cannot respond to the comments and questions left on this site because of lack of information.  Additionally, if you do not include a means to contact you directly the only way to respond is through a public posting which would require disclosing your information which is generally not appropriate.

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, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

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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alienation, Child Custody, Child Support

Don’t be a Rotten Parent

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Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.
2. corrupt or morally offensive.
3. wretchedly bad, unpleasant, or unsatisfactory; 
miserable: a rotten piece of work; a rotten day at the office.
4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness.  Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

  1. Bad mouthing the other parent to the child.
  2. Bad mouthing the child.
  3. Being unreasonable in your demands to spend time with the child.
  4. Being unreasonable in the other parent’s requests for additional time.
  5. Unreasonably interfering with the child’s schedule.
  6. Creating an unreasonable schedule for the child to interfere with the other parent’s time.
  7. Making false abuse allegations.
  8. Perpetrating abuse against the child and/other parent.
  9. Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent?  You keep doing the right things. Every time. It’s what is best for your child.  And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

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

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Child Custody, Child Support, Divorce, Visitation

A Parent’s #1 Obligation

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A parent has a moral and legal duty to promote a healthy, affectionate relationship between the child and the other parent!

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What?  You justify your conduct by saying, “I am not bad-mouthing him.”  But, just not bad-mouthing him is not enough.  You have an affirmative duty to promote a good relationship. (with rare exceptions for the health and safety of the child.)

Encourage, promote and truly desire a good relationship between your child and the other parent.  Your child will benefit!

Matthew Thompson is a Family Law & Divorce Attorney and reminds you that a child with two parents that get along and are involved is better than the alternative.

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

Child Custody, Child Support, Divorce, General Legal

Read Your Papers!

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It may sound rude, but the question is nonetheless valid, “Have you even read your divorce papers?”

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The very first step in determining your rights, answering your questions and determining whether you may get in trouble, all start with the same thing;  Reading your papers.  They define the type of custody, what you owe and the time you get for custody/visitation periods.

Agreements can be very difficult to remember.  It is easy to get confused and is easy to forget.  Read them.  Is it MY Christmas? Read the papers.  Do I owe for the car tags?  Read the papers.  Is it MY weekend or is it suspended due to an intervening holiday? Read the papers.

If you do not know how much support you owe, read the papers.  If you wonder if you have a claim for contempt because so-and-so did not have them back by 5:00 pm, you guessed it, read the papers.

“Read your Papers!” – Matthew Thompson

Matthew Thompson is a Family Law Attorney and reads lots of papers and will read yours too.

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

Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

How to be a TERRIBLE Person. (11 specific ways you can be mean & hateful.)

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In my profession I get to see a lot of what not to do almost, every day; from videos, texts, and emails to actions and sometimes inaction.

So, I have compiled a list of what terrible people do.  If you want to be terrible do these things, in no particular order.

  • Curse and scream at your spouse, as loud as you can, as often as you can.
  • Curse and scream at your children.
  • Make false abuse claims.
  • Lie about the false abuse claims even when it’s clear they are false.
  • Bad-mouth your child’s other parent to the child.  (Hey, it’s the truth, right!)
  • Interfere with their time with the child.  Just do it.  Sure it hurts your child too, that’s what makes it even more terrible.
  • Abuse your spouse or child. (Any form – all are terrible, some more-so than others.)
  • Refuse to support your family.
  • File suit when your ex paid 5 days late, even though they told you. It’s the principal, right?
  • Threaten to make public private images. (and mean it when you say it, at least in the moment.)
  • Refuse Christmas visitation.  Just because.

There you have it, 11 mean, hate-filled things that you can do to be terrible.

“Oh, and if you don’t want to be terrible don’t do these things.” – Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do terrible things or give terrible advice.

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

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Child Custody, Child Support, Crime, Divorce, Opinion

Never Do This in Court! (or This!)

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Court.  The most anxious, stress-filled, loss of control decision a person can make.  Even with careful preparation it can be unpleasant.  Without preparation it can be a nightmare!

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So what should you not do in Court?

  • Don’t argue with the Judge.   Even if the Judge is “wrong,” “mistaken,” or “backwards.”  Leave the arguing to the attorney.
  • Don’t argue with your attorney.  Short of catastrophic representation meltdown listen and heed your attorney’s advice.
  • Don’t argue with the other attorney.  Just answer the questions asked, explaining if necessary.  Personal jabs, smart-alleck responses and witty banter are not needed.

So that’s what you should not do, but what should you NEVER do?

  • Never give sassy responses to the Judge.  This is different from arguing. Oftentimes the Judge will have questions for the witnesses.  The responses and the manner given matter.  For instance, in a hearing where both parents sought custody and child support, the father said that he did “NOT need ANY child support nor ANY money to care for HIS kids…”  But, he then objected to having to pay any child support as he had limited income.  The Court made note of his inconsistency.
  • Never criticize the other parent for conduct that you also do.  On another occasion a parent was being especially critical of the other for “leaving” the children at day care all day and not picking them up until the “last-minute,” around 5:30.  Well, this parent had also just testified they were self-employed and could get the children at any time, because his schedule was so flexible, but did not.  This irked the Judge.
  • Never lie. (PERJURY)  You will get caught.  The truth is easy to remember. Remember, usually, it’s not the crime but the cover-up that gets you.  The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny.  He testified under oath that his expenses exceeded his income by over $10,000 per month.  The problem?  He had no debt. This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be.  Perhaps he had a money tree out back.  The Judge imputed income and based his obligations on what he stated his expenses were and what apparently his income was.

Matthew Thompson is an Adjunct Professor- Domestic Relations at MC Law and a Family Law Lawyer.  Don’t do these things in Court if you know what’s good for you!

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou 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, Modifications, Opinion

Drugs, Sex & Rock-n-Roll…No, Just DRUGS.

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Drugs, it seems, are back on the scene in a big way.  Habitual Drug use is a ground for divorce.  Drug use can be a bar to custody.  Drug abuse is a Crime and can lead to other troubles.

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It’s more and more common for parties in family law cases to be drug tested.  Urine, hair follicles, blood and even finger nails can be tested for drug use.  Depending on the test, results can show drugs or alcohol in your system from 2 days ago up to 90 days ago.  And testing “Hot” is not a good thing.

In your Family Law case the Court will put a lot of weight in a Failed Drug test when determining custody, visitation and credibility.  While a Failed Drug test does not guaranty you will lose custody, it certainly does not help.  It also can matter what type of drugs, how recent and quantities that the test results show.

Use, whether it is “recreational,” “just once” or “I never inhaled” can and will be used against you.  Drug use can also be an element of child neglect/abuse.

Once, I was discussing visitation rights with a non-custodial parent.  I made the comment, “Well, as long as you did not have a meth lab in the garage you have nothing to worry about.”  The response, “What if I did?”  “That’s going to be a problem…“

Now, all is not lost if you have used drugs or are using drugs, IF you STOP!  Court’s like to see people “get their act together” “turn their life around” and “be productive members of society.”  You can see your kids and you may even get or regain custody if you are doing all the right things.

Matthew Thompson is an Adjunct Professor teaching Domestic Relations and a Divorce Attorney.  In the words of Nancy Reagan, “JUST SAY NO!”

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