Category Archives: Divorce

Child Custody, Divorce, General Legal, Opinion, Visitation

Emergency! The 411 on 911 in Court

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I get the call, at least, weekly.  It is an EMERGENCY!  I have to get into Court yesterday to solve some critical issue.  However, once I start asking questions the emergency is more like an inconvenience.

For Court purposes, think of an emergency as being a true emergency; danger of life or limb, or the immediate threat of imminent and irreparable harm.

The Court judges emergencies on a case by case basis to make sure they have merit.  Some examples  of emergencies include;

  • when the custodial parent refuses life saving medical treatment, against medical advice
  • when one parent absconds with a child, it’s not “their” time and refuses all contact
  • when a parent is using illegal drugs in the presence of the child and/or exposing the child to that lifestyle
  • is abusing the child
  • is neglecting the child

Some examples of non-emergencies, at least for Court purposes;

  • is 15 minutes late for a pick-up or a drop-off, even multiple times
  • stops paying the house mortgage
  • forgot to give the recommended dose of antibiotics
  • returns the child in the same clothes that he was dropped off in
  • returns the child with a scratch or bruise caused by kids being kids

Emergencies are quite often judgment calls and the Judges treat these seriously when they are serious and are nonplussed when a lawyer files an Emergency Petition over a non-urgent circumstance.  The Judges are also somewhat on guard against persons using ERs for tactical advantage and this can and does backfire on the petitioner if it is not a true emergency.

Matthew Thompson is a family law attorney in Mississippi and is careful on the draw about declaring emergencies.

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, Divorce, General Legal, Irreconcilable differences, Opinion

Why Settling your case is BEST!

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“I want a bulldog!”  

“I want to take him to the cleaners!”

“It’s the principle!”

Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion.  In my experience, more often than not, settling your case leads to a better result.  Here’s why.

  • It eliminates the uncertainty of a Court ruling. You know what you get.
  • It usually results in a quicker end.
  • It can save money.
  • Settlement gives your more control and “say” in the final outcome.
  • Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.

Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.

These are just some of the reasons why settling your case may be best.  However, there are also those cases that cannot be settled.  Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best.  And sometimes the other party is just a big jerk that makes everything a fight!

Know this;

  • People don’t get taken to the cleaners (unless they agree).
  • Suing on principle is unsatisfying and expensive.
  • Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.

Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…

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Child Custody, Divorce, General Legal, Visitation

War Stories; A “Bump” in the Road

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Client sabotages own case.  Story at eleven.

FACTS:  A mother lost custody, temporarily, due to being arrested for driving on a suspended license.  The father was given the child and while mom was in jail he filed a fault based divorce, sought custody and had her served.  Mom was finally released and began the process of regaining custody.  Mom filed an Answer and a claim for custody herself.

At a temporary hearing, which is a legal band-aid to address custody and finances, mom presented her case.  Upon being cross-examined there were numerous questions about alleged drug use.  Well, fortunately, mom had been thoroughly interviewed and prepared by her lawyer.  Her ONLY dirt was the suspended license.

Mom denied the drug allegations as laughable. Some of mom’s financial records were introduced that showed her in some shady parts of town at unseemly hours. This was shown through ATM transactions. However, mom was a waitress at night and just blew off some steam with some co-workers and got beer money. No harm, no foul.  Then mom was asked about a pipe that was “found” in her belongings.  “Not mine,” she quipped.

The Court was ready to rule. The Judge indicated that it seemed dad may have taken advantage of mom’s unfortunate circumstances. It came out that he may have tipped off law enforcement that she was driving on a suspended license. That Jerk!  But, “out of an abundance of caution” the Court decided to Order hair follicle drug tests. In fact, the Judge ordered that they were to report to get tested that day, before 5:00 p.m., to have the results furnished to the Court directly from the testing facility and then, assuming all clear, he would determine the custody and visitation for each.

On the way out of the Courtroom mom asked…

“Can I delay the test?”    “What?!!!”    “I may have had a “‘bump...(of coke).'”

Nope. Not taking the test was not an option. Only the worst could be assumed from that. Mom took the test and failed, miserably.  A No Contact Order was entered. Dad passed. Mom lied.

Final Result:  A few weeks later the parties reconciled! Case dismissed.

Matthew Thompson is a Child Custody Attorney in Mississippi and while there may be bumps in the road it does not mean you should cause the bumps.

Follow the blog:#BowTieLawyer  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Divorce, General Legal, Irreconcilable differences, Opinion

Divorce, Two Ways

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In Mississippi it can be very difficult to be awarded a divorce.  There are basically two ways to get a divorce.

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The most common way is Irreconcilable Differences.  This is what is referred to as “no fault.”  However, MS is NOT a true no fault state, so in order to get a divorce on Irreconcilable Differences both parties have to agree to the divorce AND all the terms of the divorce, including; custody, visitation, support, alimony, division of the assets and debts.  If there is no agreement to all of the issues there may not be a divorce.

The other way to get a divorce in MS is based upon Fault Grounds.  In order to get a divorce on Fault Grounds you have to sue based upon fault grounds and prove your case.  Most commonly fault includes; adultery, cruelty, drug use, drunkenness, and abandonment.  There are a few other Fault Grounds, but are rarely used; incest, bigamy, insanity, etc.

It can be a frustrating circumstance when you and the other party cannot agree to all issues and neither party has grounds.  You may be stuck.  In this instance one party may resort to divorce blackmail, which is alive and well in MS.

Matthew Thompson is a Family Law attorney and cautions that divorce 2-ways can be caused by 3-ways.

Follow the blog & Visit the website:: BowTieLawyer  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, Divorce, General Legal, Irreconcilable differences, Marriage, Visitation

Happy Mother’s Day!

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Mother’s are the most important influence in a child’s life.  A mom’s job is never done and frequently is under-appreciated,  overworked and underpaid, except maybe “fringe” benefits.

scottchan/freedigital photos.net

The modern holiday of Mother’s Day was first celebrated in 1908, when Anna Jarvis held a memorial for her mother in West Virginia. Jarvis began a campaign to make “Mother’s Day” a recognized holiday in the United States. Officially Mother’s Day was first celebrated in 1914. This holiday was adopted by other countries and it is now celebrated all over the world.  – Wikipedia

Mother’s Day is also routinely addressed in Custody and Visitation schedules. Under most Orders, Mom gets Mother’s Day regardless of whose weekend it is and it can include either the day or the entire weekend. In the few instances where this is overlooked, I still encourage dad to allow mom this time to be with the children.

Matthew Thompson is a family law attorney in Mississippi and wishes all the Mothers in his life Happy Mother’s Day!

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.

Child Support, Divorce, General Legal, Modifications

Change, Change, Change…Change of Child Support

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I have previously blogged on the Mississippi Legislature, a.k.a. “the hissing possums” thanks to SNL, possibly taking action on proposed Child Support changes.  One such change was passed and will be in effect as of July 2013.

Senate Bill 2338 sought to increase the income levels that the child support guidelines are applied.  Child Support is a statutory amount on income. (Child Support, What you Owe).  If your income was between $5k -$50k per year, Adjusted Gross Income (AGI), the guidelines applied and the Court computed what you owed.  The new law increased the income range to $10k-$100k per year, AGI, for the Court to base Child Support. MCA 43-19-101(e)

Currently, if you make $50k per year support for one child would be around $585.  This figure is 14% of $50k.  From there the Court could skew it upwards based on the needs of the child or if you made higher income, if appropriate.  So, your obligation could range from $585 -$1,200 per month, give or take, depending on your AGI income.  The law change makes the 14% apply directly to all sums over $50k up to $100k.  So, support on $100k AGI would be $1,166.00 per month.  As stated prior, this change likely just keeps higher wage-earner’s support in line with what they are already paying and is not a substantial change, as the Court could always deviate upward, or downward, if warranted.

I think the “possums” got it right and this change, while in practical effect is not too significant, does address in some respects the low rates nationally that MS is known for.  H/T to Judge Primeaux’s blog, 12th Chancery Court District of MS.

Matthew Thompson is a family law attorney in Mississippi and reminds you to pay your child support and pay it often.

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at (601) 850-8000

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Divorce, General Legal, Irreconcilable differences, Marriage, Modifications

Wild Divorce Laws; The Undivorce, Reconstructing a Marriage

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One of my first posts on this site, way back, was a cut and paste job of an article I wrote a few years back for the Mississippi Bar Family Law Section Newsletter. It was entitled, I am an Undivorce Attorney.  I am re-blogging on it because, one) I have a significantly greater audience now, and two) I like writing about good news in divorce law.  I am still an Undivorce Attorney.

In Mississippi, you can legally UNDIVORCE!  Yes, you can have your judgment of divorce revoked by the Court that granted it.  This is not a remarriage, but rather judicially undoing the legal divorce. Why, you ask?  Well, just like sometimes people marry the wrong person, sometimes they got it right the first time and divorced the wrong person.

MCA 93-5-31, provides that a judgment of divorce may be revoked at any time by the Court that granted it.  The Court may require “satisfactory proof of reconciliation,” as well as “such regulation as it may deem proper.”  It requires a joint application of both parties. The process can be fairly simple and quick.

Upon approval by the Court, you can have your divorce erased and it’s as if you were never legally divorced.  You get “credit” for being married those years you were not, so 25 years still equals 25 years.

This is a very unique quirk in MS law and not widely known. In fact, a few judges, I have heard, have questioned whether they had the authority to do an undivorce and if it was legal.  They do and it is.

Matthew Thompson is a family law attorney in Mississippi and whether you marriage was a mistake or your divorce was a mistake, I can help!

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at (601) 850-8000

Child Custody, Divorce, General Legal

Rocket Surgery? Designating Court Experts.

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Expert witnesses are routinely used in Divorce cases.  Expert testimony covers a wide gamut of topics, including; Financial, such as appraisals or accounting,  Counseling, regarding fault grounds or custody, Medical, regarding diagnosis and/or treatment, Attorney Fees and other areas.

Rule 26 of the Mississippi Rules of Civil Procedure governs the procedures that litigants must follow in designating expert witnesses. “A party may through interrogatories require any other party to identify;”

  • Each person whom the other party expects to call as an expert witness at trial,

  • To state the subject matter on which the expert is expected to testify, and

  • To state the substance of the facts and opinions to which the expert expected to testify and

  • A summary of the grounds for each opinion. (MRCP 26 (A)(I)).

Further, “A party is under a duty seasonably to supplement that party’s response with respect to any question directly addressed to…the identity of each person expected to be called as an expert witness at trial, the subject matter on which the person is expected to testify, and the substance of the testimony.” (MRCP 26 (f)(1)(B)).

“In regard to matters relating to discovery, the trial court has considerable discretion.” Dawkins v. Redd Pest Control Co., 607 So.2d 1232, 1235 (Miss. 1992).

The Mississippi Court of Appeals has upheld the non-allowance of an expert, not properly disclosed, when the party intending to use the expert did not comply with the Rules of procedure.  In Mallet v. Carter, 803 So.2d 504 (Miss. App. 2002), the Plaintiff was prohibited from using an expert, and her case was ultimately dismissed, for dilatory designation of the experts and providing insufficient discovery related to the experts after the time in which to do so had expired.

Expert testimony can be critical to prove certain aspects, even in seemingly routine cases.  Make sure that you know who your experts are, why you are using them, what their opinions are , what those opinions are based upon AND disclose all of this information to the other side in a timely fashion.

Matthew Thompson is a family law attorney in Mississippi and frequently certifies witnesses as experts when necessary and has testified as an expert with regard to attorney fees.

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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