Category Archives: General Legal

Divorce, General Legal

Why Lawyers are not sworn in in Court…usually.

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Occasionally, lawyers are in Court to give testimony. They are called as witnesses just as a party might be. Usually, the Court waives the requirement of administering the Oath.

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While done as a courtesy, it does not reduce the lawyer’s obligation to be truthful. Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

Lawyers are not only subject to the same potential penalties for perjury, but are also subject to Bar Association discipline if lying to the Court, or otherwise violating Rules of Professional Conduct.

Your lawyer should be familiar with these rules and at least know that they exist.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds Lawyers, you have to tell the truth too.

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, Divorce, General Legal

What do Hurricanes and Legal Custody have in Common?

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Legal custody pertains to the decision making right regarding your child’s health, education and general welfare.

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Legal custody, most commonly awarded as “Joint Legal Custody,” requires that each parent keep the other informed of the child’s goings on. This includes not only health, education, and general welfare, but also school and activity schedules, medical appointments and any major matter regarding the child’s life

It requires that parents communicate and cooperate when it comes to making decision about the well-being of the child. It certainly includes informing the other parent if a move is anticipated.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations.  Chancery Courts require specific language that states;

“IT IS FURTHER ORDERED that in the event of a threat, disaster, or other emergency, such as  a hurricane, which causes an emergency evacuation, any party who has custody of a minor child (either physical custody or visitation) shall notify the other parent of the location and well-being of the minor as soon as reasonably possible.“

While this should be common sense, divorced parties are not always known for exercising common sense.  Hurricanes and Legal Custody require that you  keep the other parent informed on the well-being of the child.

Matthew Thompson is a Child Custody attorney in Mississippi and routinely exercises common sense and encourages you to do so as well.

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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Divorce, General Legal, Marriage

Take a Break. 

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You’ve tried it your way multiple times and are still getting the same results. Give it a rest. 


Insanity is doing the same thing over and over and expecting a different result. 

Life does not always go as planned. Rolling with the punches is sometimes necessary. But if you find yourself in the same predicament again and again, stop. 

I routinely hear of issues between persons that continue to come up. If you find yourself in that situation stop what you’re doing. 

Divorce, General Legal

Prenuptial Agreements:The Good, Bad & Ugly

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I do not think this is what Benjamin Franklin had in mind…

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pre·nup·tial a·gree·ment- an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage dissolve.
  • Also known as a Premarital agreement or “prenup” is a fairly common legal step taken before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce. Prenups are often used to protect the assets of wealthy spouses but also can protect family businesses and serve other important functions. FindLaw
  • Prenups can be GOOD, especially in a second marriage.  They can protect the rights of the children from the first marriage and serve a useful and legitimate purpose. Prenups can also define, with great specificity what happens in the event of a divorce or death of a party of the marriage.  Knowing your rights can be a very good thing.
  • Prenups can be BAD. If you agree to a bad deal and the process used otherwise complies with the requirements of a valid prenup; sufficient time between presentation, execution and the marriage; reasonable opportunity to have independent counsel of your choosing; and full financial disclosures, even a bad deal would be enforceable.
  • Prenups can be UGLY. It is a hard “sale” when asking your one true soulmate to consider what happens if your union is dissolved. Also, if the prenup is so one-sided that it is deemed unconscionable (totally unfair on its face) it can be invalidated.

Matthew Thompson is a Family Law attorney in Mississippi and reminds you of the words of Kanye West in Gold Digger, “if you ain’t no punk holla we want prenup.”

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

 

Child Support, Divorce, General Legal, Opinion

Always Get a Receipt: Proof of Payment

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Cash is King, but only when you can prove you paid it!

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When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.

“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.

Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.

Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt. 

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, General Legal, humor

Things NOT to tell the Police…

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There’s an old joke…”You have the Right to remain silent, but do you have the Ability?”

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While my primary practice area is Family Law, there is some spillover into other areas. Through the years, I have learned there are just some things you do not say to law enforcement.

5.  I did it!

4.  I only had a couple.

3.  Trying to meet your quota?

2.  Oink, oink.

1.  I called you because he stole my marijuana pipe. 

Matthew Thompson is a Family Law attorney in Mississippi and advises you to be respectful of law enforcement a nd not say these things. 

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, Divorce, General Legal, Marriage, Modifications, Opinion

Child Testimony No-no; When having your child testify is the Wrong move.

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Sometimes family law is the pits.

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You are in the fight of your life against the one person who promised before God and everybody to always love and cherish you. Where’s the love now?

But dragging others into the fight may be the wrong move. I routinely see parents wanting to bring the kids in to testify, while stating that they do not want to bring the kids in to testify. Kind of a sorry-not sorry attitude.

Child testimony is permissible.  There are some Gate-keeping obligations of the Court to apply prior to actual testimony being allowed. There are also various methods used by various Judges on taking child testimony. However, more basic than the trustworthiness of the testimomy and whether it should be in chambers or in open Court, is whether the child should be in that position at all.

The Mississippi Supreme Court stated, “We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage…as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.” Jethrow v. Jethrow, 571 So. 2d 270, 274 (Miss. 1990).

If there are not exigent circumstances, i.e.; abuse, criminal activity involving the child, physically dangerous activity and there is no other means to corroborate these facts, testimony may be required, but if it’s run of the mill dad did this or didn’t do that, or dad let the girlfriend give her a makeover, or mom’s boyfriend took them to Chik-fil-a, and these persons are not dangerous persons nor prohibited from being around per a Court Order, child testimony should be avoided.

Think about it from the child’s perspective, not your own. Your job is to do what is best for them, every time.

Matthew Thompson is a Child Custody attorney and cautions you on relying on child testimony when it’s not necessary.

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

Divorce, General Legal, humor

Don’t Be a Jerk

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We have the chance everyday to be a jerk.

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Sometimes being the jerk is fun. Telling that so-and-so what you think of them can really be cathartic,  but so can not telling them. What you do NOT know is what they have just been through.  Maybe them deserving the jerk treatment really has nothing to do with you, the whole “a mile in their shoes” line of thought.

Today, I thought about being the jerk, but decided against it. I am glad I did.

Matthew Thompson is a divorce attorney and gets paid to be a jerk!

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