Social media like FaceBook (also, don’t do this on FB) and other sites are now routinely reviewed in determining a potential party’s whereabouts, goings-on and can be used as a snap shot into their financial status.
I have personally prepared to use FaceBook photos of an ex, severely behind on their obligations, claiming they cannot afford it, but had numerous pictures of their new car and the recent vacation they just took to the beach. Certainly, there are circumstances where persons cannot afford their obligations when life gets in the way, but pictures of your new car and recent vacation are proof positive you are choosing to not pay your obligations.
Just like McCroy, it was proof they could meet the obligation, but chose not to. McCroy posted numerous photos and comments once his “story” broke. He noted that no one in the media has mentioned that his Baby’s Mama was keeping the child away from him. If true he should seek Contempt against her or specified visitation rights, it is not a basis to not pay your child support.
Matthew Thompson is a Child Support Lawyer in Mississippi and reminds you that as a parent you have a moral and legal obligation to pay Child Support.
2 Rules in Family Law and Negotiations to live by involve messing with the bull.
Frank Evans, Matador
#1 Don’t Threaten. Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place. Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.
#2 Don’t Bluff. Bluffing and getting called on it shows weakness, lack of nerve and gumption. Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.
So if we cannot threaten and cannot bluff what do we do?
#1 Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation. Do not threaten action. Take action.
#2 Do it. Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.
Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…
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
A prior post had the basics of what is now being called Picture-Gate and the dirtiest Senatorial election in Mississippi History, at least recent history. The background can be read here; A Picture is Worth a Decillion Words.
The state’s most popular blog, Jackson Jambalaya, has been all over the story, even before it was a story. The investigation is ongoing and a recent JJ post shed some light onto the speculation surrounding the conspiracy charges. My prior blogged opined;
The most bizarre aspect, other than the brain that thought this was viable strategy, are the conspiracy allegations that have embroiled an attorney (Mark Mayfield), soccer coach (Rick Sager)and Hattiesburgian (John Mary), leading to their arrests. What role they played, if any, remains to be seen, but could include providing aid or information on Mrs. Cochran’s whereabouts and how to gain access, or after the scheme, the taking down the posting and trying to “bury the evidence.” Who knows?
The conspiracy piece did indeed include Clayton Kelly receiving information on Mrs. Cochran’s exact whereabouts, how to infiltrate the facility she was in, and otherwise plotting the photo opportunity for McDaniel’s political gain. The players seemingly only “knew” each other via Facebook. Yet another good reason to not put your junk on Facebook; here or here.
No clear connection has been made to McDaniel personally and the speculation that has surrounded his campaign has largely been increased due to McDaniel’s campaign’s seemingly inconsistent stories and their pronouncements of refusing to use this situation and be above it, all the while using this situation to be critical of Cochran and his campaign. McDaniel also did himself no favors in refusing to answer a basic question of what he knew and when in a recent CNN interview. The counter to this is Cochran’s seeming complete avoidance of CNN’s attempts to interview him and any other newsworthy entity, though there was a Wall Street Journal article some two nights ago indicating multiple statements to interviews by Cochran.
This sordid mess is not over yet. On June 3, Mississippi will have a candidate for Senator and the guaranty of a nasty race in the general election. Picture-Gate ain’t over by a long shot.
Matthew Thompson is a Chancery Practice Attorney in Mississippi (formerly the Hospitality State), aced Legislation in Law School and is still taken aback by this ever-growing saga.
A picture is worth a 1,000 words. Well, in Mississippi Politics a picture is worth way more. What (fill in the blank)____Gate will this be called? ClaytonGate, SenateGate, #YetAnotherBlackEyeAndWhyMississippiRoutinelyRanks49or50Gate
The story that will not end is that of the Pearl blogger-want-to-be, Clayton Kelly, surreptitiously photographing Senator Thad Cochran’s wife and then using that photo to insinuate infidelity. He “snuck” into a nursing home to capture the image.
Both candidates for Senate, Cochran and challenger, Chris McDaniel, have been accused of using this situation for their own political gain.
There are enough questions about the bizarre story to cast aspersions at both sides and that is constantly being done. The criticism of McDaniel’s camp is how they knew, when the knew. Campaign personnel reached out to the Cochran side to express disgust and outrage prior to the full details being made public – raising the specter of how they knew. A subsequent interview of McDaniel downplayed his knowledge of the event, though his people knew of it for almost a month. Additionally, the perpetrator stated he took down the posting because “the big man” wanted it down. Presumptively “the big man” is McDaniel. McDaniel has used this scandal to repeat his mantra that Cochran refuses to debate him. The McDaniel camp has also prematurely declared their innocence based upon a reported District Attorney, Michael Guest, statement that Guest then addressed clarifying no such innocence due to the ongoing nature of the investigation, causing McDaniel to delete his declaration. It made the mess look worse than it was. Confused yet??
The other visual that each story includes is a picture of McDaniel at political meet & greets with at least 2 of the arrested individuals, alluding to guilt by association.
Cochran has been criticized for taking his sweet time in reporting the allegations. That the Cochran campaign waited until the opportune time to use this situation for political gain, sitting on it for 3 weeks to a month and then feigning outrage. Accusations that Cochran orchestrated this have been lobbed and infidelity accusations continue to be raised.
The most bizarre aspect, other than the brain that thought this was viable strategy, are the conspiracy allegations that have embroiled an attorney (Mark Mayfield), soccer coach (Rick Sager)and Hattiesburgian (John Mary), leading to their arrests. What role they played, if any, remains to be seen, but could include providing aid or information on Mrs. Cochran’s whereabouts and how to gain access, or after the scheme, the taking down the posting and trying to “bury the evidence.” Who knows?
We, as the general public, declare disfavor for the whole sordid affair, but blog, comment, research, speculate, gossip and conclude about this mess based on our own political ideology. Unfortunately we love to hate this, but perpetuate it, too.
What really happened? Who knew what and when? We will likely never get the full story. Mississippi politics will forever prevent the truth of this situation being fully determined. It’s a sad, sordid turn that will reverberate until the next political scandal…
Matthew Thompson is a Divorce and Domestic Relations Attorney in Mississippi and admits that he has followed this story, read the blogs, the comments, seen the clips, interviews, press releases and finds it all fascinating in a very sad way.
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
Uncondoned – is the part that requires it not be with permission or forgiveness, whether before or after.
Sexual Intercourse – is the part that requires sex, and what Bill Clinton based his testimony on.
Opposite sex – is the part which requires the other person be the opposite gender from the adulterer. This one is interesting as technically speaking a same-sex rendezvous does not meet the definition of adultery, maybe for a number of reasons.
Not your spouse – is obvious.
A Valid marriage – usually obvious, but every now and again that issue comes up. If you are not legally married, then it is not adultery. Mississippi abolished common law marriage over 50 years ago.
“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton
Whether is means now or is mean was, consult an attorney if you find yourself in precarious or Lewinsky-like situations.
Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. 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
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution
In divorce cases pleading the 5th is not often invoked. The reason is divorce cases are civil matters, by their nature. Not civil in the sense that everyone is always nice, but civil as opposed to criminal.
When Can you Plead the 5th in a Divorce Matter?
When answering the question would involve you admitting to a crime. Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless. Due to this you may invoke the 5th. However, you have not outsmarted the system. Pleading the 5th in a civil matter creates a presumption that you did what was asked. Or, at least the Chancellor can use it against you.
So, how does this play out? (envision a Courtroom)
Attorney: Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?
Mr. Smith:I plead the 5th.
Attorney: Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.
Judge:Duly noted.
Why do it then? The witness does not have to disclose the dirty details, name names, places, locations, or positions.
Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.
Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer
At the movies, the library and the classroom you get in trouble for talking. Whispering is requisite.
In Court, whispering, too, is a critical skill. On numerous occasions I have heard many a too loud whisper.
Yesterday I blogged about getting caught taking a bow tie selfie and learning of me getting busted via a too loud whisper.
On another occasion I was taking a deposition and the issue of whether my client had a gun in her car was brought up. She denied having a gun. The soon-to-be ex “whispered” to his attorney that he knew where it was in her car because he put it there!
Learn the ART of Whispering.
Matthew Thompson is a Child Custody Attorney in Mississippi and Whispers quietly.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms
A Lee County Court sentenced a man to 10 years, with 8 to serve and restitution to be paid for crimes that he plead guilty to. Additional sentencing for other criminal charges were suspended due to the above sentence. Shortly after sentencing, the same Judge married the man and his girlfriend. His girlfriend was 8 1/2 months pregnant at the time and just so happened to be a co-defendant in the additional charges (house burglary). Now wife has pleaded not guilty to the burglary charges and is out on bond, awaiting her day in Court.
The Judge commented that he normally does not do this, but “I’m doing this because she’s pregnant.” You can click the link for the dmNEWS video of the ceremony!
There is no indication that the Judge baked a cake, nor that any refreshments were served. The parties intend to have a reception in 8 years.
Matthew Thompson is a Mississippi based Divorce Lawyer and cautions you that a wedding immediately after your spouse is sentenced does not bode well for a romantic love story.
Follow the blog: #BowTieLawyerVisit the website: #Thompson Law FirmYou may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms
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