Getting divorced allows the Government into your life!
Getting divorced happens. It can be relatively easy or it can be one of the most difficult times of your life. However, the impact can also last a lot longer than the few months or the few years of the litigation.
The Court has the authority to make you pay child support. And in Mississippi, that can last until the child turns 21. The age is NOT 18 and it cannot be, even by agreement.
Additionally, the Court could make you pay for college, even beyond age 21.
The Court can make you pay for health insurance and non-covered medical expenses, like co-pays, prescriptions, dental, vision, and all out-of-pocket expenses.
The Court can make you pay for extracurricular activities; sports, dance, cheer and scouts. The Court can make you pay for daycare, after care, summer care and school expenses.
Cars, cell phones and private school expenses are usually not Ordered but under certain circumstances the Court could.
The Court can obligate you to hundreds and even thousands of dollars $$ per month that are to be paid or you might even go to JAIL!!
Interestingly, we really don’t contemplate any of these potential obligations when we get married…
Matthew Thompson is a child custody and child support attorney in Mississippi.
Why I didn’t text you back: ○ I was asleep ○ I was driving ○ I was ghosting you ● I saw your text and told myself that I was going to respond, but I wanted to finish what I was doing first… After that, I got side-tracked and went to do something else and completely forgot your text even existed because I was doing ten thousand things at once until I went to text you days or even weeks later about something completely different.
Presidents’ Day, officially Washington’s Birthday at the federal governmental level, is a holiday in the United States celebrated on the third Monday of February. It is often celebrated to honor all those who served as presidents of the United States and, since 1879, has been the federal holiday honoring Founding FatherGeorge Washington, the first U.S. president, from 1789 to 1797. – Wikipedia.
Some Fun Presidential family law facts, include:
America has only had two divorced presidents, while two widower presidents moved on to second wives while in office. And one president never got married at all.
Ronald Reagan and Donald Trump were the two presidents who divorced prior to taking office.
John Tyler and Woodrow Wilson both lost their wives during their presidency, and remarried during their term, respectively.
John Tyler had 15 children, the most of any other US president. He had eight children with his first wife, Letitia Christian Tyler, and seven with his second wife, Julia Gardiner Tyler.
James Buchanan was unmarried at the time he was in office.
Matthew Thompson is a family law attorney in Mississippi, wishing you a Happy President’s Day!
In any given situation you will have the opportunity to do what is right…or not.
Sometimes people will play on your sympathies, describe suffering awful transgressions, be subject to true unfairness and will attempt to get you to help them.
Don’t bend the rules.
Don’t bend the rules, even for the right reasons.
Matthew Thompson is a family law attorney in Mississippi and encourages parties, lawyers and the judges to not do shady stuff.
Mississippi Courts have not historically favored Joint Custody. A new Bill would require a presumption of Joint Custody is best for a child, that would have to be overcome if a parent doesn’t agree…
Senate Bill 2484 seeks to amend the current custody statute 93-5-24, as follows: “
(2) * * * (a) (i) There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court does not grant joint custody and/or equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met. (ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption. (b) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent.”
This is an interesting Bill and in theory how Custody determinations should begin anyway. However, it goes further than current law in creating a rebuttable presumption and then requiring documenting the reasons for deviating from the presumption if the court does not grant joint physical custody and/or equally shared parenting time.
Matthew Thompson is a child custody lawyer and believes mom and dad coparenting and working together is what’s best for the child. A set schedule based on the child, with flexibility when warranted is what is best…
(a) A person commits an offense if the person takes or retains a child younger than 18 years of age:
(1) when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area…without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area…within three days after the date of the commission of the offense.
(c-1) It is an affirmative defense to prosecution under Subsection (a)(3) that:
(1) the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or
(2) notwithstanding any violation of a valid order providing for possession of or access to the child, the actor’s retention of the child was due only to circumstances beyond the actor’s control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.
(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:
(1) was entitled to possession of or access to the child; and
(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.
(d) An offense under this section is a state jail felony…
What are the penalties for interference with child custody? Up to two years in jail, A fine of up to $10,000, and Loss of custody.
There’s scuttlebutt that MS may consider a parental interference law as a crime in future sessions.
Right now the only real recourse is a contempt action in Chancery court in Mississippi. contempt doesn’t have the same “teeth” that a criminal offense would.
Matthew Thompson is a child custody lawyer in Mississippi and supports custody law changes that protect parents rights and common sense.
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