Category Archives: Crime

Child Support, Crime, Modifications, Opinion

Child Support, DHS and Why You Should Care; Pay Attention or You May Pay More!

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Child Support is the court ordered obligation the non-custodial parent pays the custodial parent for the necessary child related expenses. Usually Dad pays it directly to Mom in a divorce situation and in paternity cases it’s more often through DHS, the Department of Human Services-Child Support Enforcement Unit. (dah-duhn) (the Law and Order “sound” being referenced just now.)

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It is standard that if dad is delinquent on payments or mom seeks state benefits, opening a case with DHS will cause the monies to be redirected through DHS, and possibly a Withholding Order be issued against the payor.  The law provides that DHS can do this summarily upon application with minimal notice requirements and does not require a modification of your Court Order by the Court which originally ordered it.

This is kind of a big deal.  In plain English, this means that if mom says your late, DHS swings into action.  They send you a letter stating you are behind, threaten to suspend your license, send a Withholding Order to your work and assume guilt automatically.  This creates lots of hassle and headache when it’s not true.  Additionally, when it’s not true, it takes filing an action in Court to fix it, securing an Order.  There are usually no consequences for mom and she can do it again if she wants.

Well, DHS is stepping up their enforcement another notch. Mom can go in and just say, “I want him to pay through DHS.”  She does not have to allege any delinquency, she does not have to apply for other state benefits.  She pays $25, opens a case and dad is notified that from that point he is to pay directly to and through DHS.  If dad does not pay directly, DHS will pursue contempt and arrearage against him.   And DHS considers the letter, which dad may or may not have even received, as sufficient and reasonable notice to dad and treats dad’s continued payments to mom as “gifts.” All of this without formal Court involvement and in my view far short of “due process,” but nonetheless valid as of now. MCA 43-19-35, et seq.

So if you are paying child support directly and get something from DHS, DO NOT IGNORE IT.  It could have serious implications on who and what you pay.  Notify your attorney immediately.  If you are receiving child support and are having issues with the payor, consider having it redirected through DHS.  It is a much less expensive alternative to a private attorney when that deadbeat ain’t paying.

Whether you like the DHS process or not it is being enforced force and taking effect.

Matthew Thompson, a Child Support Lawyer and Family Law Adj. Professor at MC Law, encourages you to know your rights and obligations when it comes to Child Support. Pay your Support and Pay it Often!

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

Crime, General Legal

Open Carry Legal In Mississippi.

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It’s official. Mississippi is an Open Carry state.

Online pics of persons open-carrying look SO happy!

In an Order issued today by the Mississippi Supreme Court the gun law roller coaster has pulled into the station.

The bottom line was that the MS Supreme Court held that the Circuit Court erred when it ruled House Bill 2 was vague and therefore unconstitutional. The Court also stated it was error when the Circuit Court found a “reasonable person reading the bill could not discern what the law allows and what it prohibits.” The Supreme Court dissolved the Injunction which means that the State Law allowing Open Carry is valid, in place and is the law of the State.

You can read about the ups and downs of Mississippi Gun Law, Open Carry, & Concealed Carry in these links.

MS Gun Law 101

Open Carry in MS

MS Gun Law Update

Matthew Thompson is a family law attorney and encourages you to Carry Responsibly.

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

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

The DIRT!** (24 Dirty Deeds in Family Law)

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One of the unique things about my profession is that I routinely get paid to discuss the embarrassing, wild and sometimes just ignorant things people do.

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The DIRT is/are the things that the other side says you did, even if you did not do them; substance abuse, crimes, non-payment, hateful things…

What cannot be stressed enough is that you have to be honest and forthright with your attorney. If you hold something back and do not disclose the full story it can come back to bite you. Being bitten could mean not getting custody, having to pay attorney’s fees, going to jail or any combination of these.

What are Examples of Dirt you ask?

  • 1) Instances of substance abuse,
  • 2) DUIs,
  • 3) Public Drunks,
  • 4) Child Endangerment charges for DUI with the children present,
  • 5) Arrests for assault,
  • 6) Battery,
  • 7)Crimes of moral turpitude or
  • 8) Violence,
  • 9) Substance abuse, even if not caught,
  • 10) Knowing you would test “hot” or “positive” for an illegal drug or
  • 11) Prescription drug for which you do not have a prescription.
  • 12) And not telling your attorney any of the above is dangerous, even if they don’t ask. Sometimes we don’t know or think to ask if you
  • 13) Are on probation from any crime.
  • 14) Is there a no contact Order against you,
  • 15) Domestic violence charges pending,
  • 16) Active warrants for your arrest,
  • 17) Suspended license.
  • 18) Are you under investigation?
  • 19) Meth lab in the garage,
  • 20) Not to mention having a paramour, an affair,
  • 21) Multiple affairs,
  • 22) Paying for your mistresses’ vacation,
  • 23) Buying the mistresses’ child a car, or
  • 24) Expending large sums of money on frivolous things.

These are just 24 examples of DIRT that I saw…last week. These dirty deeds may be done dirt cheap, but it’s going to cost you to clean it up!

Matthew Thompson is a family law attorney in Mississippi and can only attempt to clean up the DIRT that the client admits.

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, General Legal, Modifications, Visitation

It’s Never What you Think!

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As an attorney that practices exclusively family law I am routinely posed with questions and scenarios of one person doing everything right and the other everything wrong.  However, when I start digging and asking the right questions I find that “It’s Never What you Think!”

Recently, I was asked by a friend to speak to friend about her potential case.  The potential client had “done everything right,” but the ex and his attorney were “out to destroy her” and would not let up.  She was at wit’s end.  As I was speaking with her I was asking about custody, visitation and support issues.

Lawyer:      “You are current on your support, right?”

Client:         “Yeah…” (said with hesitation)

Lawyer:      “That did not sound convincing”

Client:         “Well, I paid for my kids medical and activities and he has a great job and doesn’t NEED it.”

Lawyer:      “His job doesn’t really matter as far as support goes…what were you ordered to pay?

Client:         “$475.00 per month.”

Lawyer:      “When was the last time you paid $475.00?

Client:         “Years.” (said with hesitation)…”He didn’t need the money.”

This was not an instance of having “done everything right.”  Why the ex waited years to pursue it is a mystery, but he nonetheless has the right to.

In another instance, a “good father” just wanted reasonable visitation. I asked, as I always do,”What is the dirt on you?”

The DIRT is/are the things that the other side says you did, even if you did not do them; substance abuse, crimes, non-payment, hateful things.

In this instance “the dirt” was long ago, recreational drug use and just some routine fussing and fighting.  I said in jest, “Well, so long as you didn’t have a meth lab in the garage…”  “Actually, it was.”  There’s your dirt.

So to all of you well-meaning helpful friends, you are NOT getting the full story.  And to all of you eager attorneys seeking to fight injustice and righting the wrongs of others, get the full story.  It’s Never What you Think!

Matthew Thompson is a family law attorney in Mississippi and only believes half of what he sees and even less of what he hears. 

Follow the blog: BowTieLawyer

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Crime, General Legal, Opinion

Is Mississippi Open Carry?

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The question above has been asked, searched, googled and pondered more than any other gun law query in recent months.

GUNroller
MS Gun Law Roller Coaster

Mississippi was set to be an “Open Carry” state, joining about 30 other States, effective July 1.  I say “was” because there is some doubt right now.  The Mississippi legislature passed House Bill 2 set to “kick-in” July 1, which was signed by the Governor, making it law.  However, a Hinds County Circuit Judge said not so fast.  Judge Winston Kidd held that the new law was vague, issued an injunction – which is a temporary hold – and set a hearing for July 8.  This came about based upon a motion of the Hinds County District Attorney, Robert Schuler Smith.

The gist of the issue is that House Bill 2 redefined a concealed firearm.  It removed from the definition of concealed a pistol in its holster that is wholly or partially visible.  This change was common sense.  HB 2 also deleted the statement ‘that nothing herein may be used to authorize open carry…‘  This language being deleted was significant in that this law now could be construed to allow open carry at least to the extent that it no longer prohibited open carry.

It is also interesting to note that the legislators that voted in favor of this law that are now saying they did not understand it, were actually provided with the old law with the proposed changes added in bold and the removed language with a line through it, so that you could still read what was being removed.  Not understanding is an excuse.

A senator that voted in favor of the change and then came out publicly against it stated, “the interpretation is that by putting that change in the law you allow open carry, and we don’t believe that the constitution provides for open carry,” –John Horhn.

Decide for yourself.  The Mississippi Constitution holds, in part;

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.  Art. III, § 12 (enacted 1890, art. 3, § 12).

Open carry is not prohibited by the MS constitution in any fashion.  The arguments that MS will turn into the “wild west” are overstated and speculative at best.  The places that are posting “No Firearms” signs, I think, will regret it, as only the law-abiding folks will pay that any heed.

Ultimately, I predict the injunction will be dissolved and life will go on- with Open Carry.

Matthew Thompson is a Family Law attorney and implores you to not Open Carry just yet, and when you do upon the law being upheld, to Carry responsibly.

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

What’s the Right Answer? (Family Law Conundrums)

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Basic Family Law 101: (in most instances)

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If you don’t know what the “right” legal answer is, do what’s “right,” and you’ll be fine.

-Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi.  That is all.

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

Crime, Divorce, General Legal, Opinion

When to Call the Police!

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Family law cases can be very difficult, some even dangerous.  There is a saying that Criminal Law cases, after the arrest, involve bad people who are acting their best, and Family Law cases involve good people who are acting their worst.  So when does acting their worst warrant calling the Police/911?

  • Any Physical Abuse.  This is a crime. Get yourself and the kids, get out of there and call 911.  You will not lose the house just because you “left.” It’s not kidnapping to take the kids to safety. Do NOT tolerate Domestic Violence!
  • Believed Threats.  If your life is threatened, or serious bodily harm is threatened and you believe it, leave and call the police.  Now, sometimes people say stupid things and if he says something, but you don’t believe it or it’s sarcastic or a failed attempt at humor don’t try to make it more than it is.
  • Trespassing and Refusal to Leave.  If you have an Order that gives you exclusive use of the house and he comes over and refuses to leave the police will make him or he can be arrested for trespass.  If it is someone else’s property and she is asked to leave, whether there is an Order or not, and refuses that is trespass.  Make sure you have a copy of the Order if you intend to seek that it be enforced.
  • Criminal Activity.  Drunk driving, illegal drug use, activity that is dangerous to others.
  • Serious Injury/Emergencies.  In the event of serious injury, whether intentional, accident or otherwise,do NOT hesitate because of “how it would look.” Call 911.

Law enforcement, generally, does not like getting involved in civil, domestic situations.  They much prefer the lawyers and judges to sort these things out. And, when there is no Order, or no clear violation, they have to tread very carefully when they do get involved.  Because of this, they look to who is the instigator, who is causing the trouble, and try to get that person to leave, to calm down, to end the dispute.  It is also somewhat common for law enforcement to threaten the arrest of both parties when it’s a domestic call with no clear instigator.

One thing to be careful of is false calling, this can backfire.  Calling when there is not a legitimate reason to does not “build” a strong case for divorce.  However, if there is any abuse, or a genuine threat, ALWAYS err on the side of caution and call the Police/911.  In a true emergency do NOT call your lawyer first, call 911.

Matthew Thompson is a family law attorney in Mississippi and if you find yourself in an Emergency call 911.

Follow the blog: BowTieLawyer 

Bow Tie, Crime, General Legal, Opinion

Churchill Wisdom; On Truth

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“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.” – Sir Winston Churchill

Matthew Thompson is a family law attorney in Mississippi and counsels his clients to tell the truth. (And if they cannot to plead the 5th).

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@wmtlawfirm.com.