Category Archives: General Legal

Child Custody, Divorce, General Legal, Modifications, Opinion

5 Family Law FaceBook Don’ts

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FaceBook is mainly used for comparing yourself to your high school friends and stalking persons you just met. Perhaps it can also be useful for bragging on yourself, your child’s latest, cutest thing and driving up “hits” on your blog. However, it is NOT to air your DIVORCE DRAMA!

FaceBook (FB) based evidence has been linked to over 1/3 of divorces filed since 2011 and is increasing. The American Academy of Matrimonial Lawyers states that 81 % of its members have used or been faced with evidence plucked from Facebook, Twitter and other social media sites in divorce cases over the last five years.

What are some of the things NOT to post on FaceBook?

  • Don’t put that the other party was just a sperm/egg donor
  • Don’t put that the other party is CRAZY, SATAN or PSYCHO!
  • Don’t post pictures of yourself licking someone’s face at The Electric Cowboy.
  • Don’t put pictures of yourself holding an alcoholic drink with 16 empties on the table.
  • Don’t “check-in” at the Club, at 2:00 a.m., during your custody time with the children.

I have seen FB postings used in Court as circumstantial proof of fault. (Mushy messages to the old flame and hate-filled diatribes against that “dead beat.”) And, FB info has been used as proof with regards to moral fitness in custody battles. Parties in litigation have posted vulgar things about the other party and parties have put pictures of themselves behaving inappropriately on FB.

So you are thinking, “But my FB is set to private. Only my friends can see it and I blocked little Miss So and So.” Well the block may prevent them from gaining direct access, but guess what, you have a mutual friend that is forwarding the postings to your ex and/or that mutual friend is letting them log in under their name.  Nothing is private.

Want to know what else to NOT put on FB? 5 more Don’ts.

Share your FB Family Law horror story…maybe I’ll blog about it.  Oh, and LIKE me on FaceBook.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not post your business on FaceBook.

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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Crime, General Legal

Mississippi State & Ole Miss College Game Day Tickets; Getting Scalped

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The Mississippi State Bulldogs are ranked #3 in the Country.  The University of Mississippi is as well.  The tickets for their upcoming games are the hottest seat around!

Sell outs are a given, but you can still get tickets.  However, if you are selling your tickets to make a quick buck or $1,000.00 be aware of the law!

MCA § 97-23-97. Scalping of admission tickets at college events held on state property: 
It shall be unlawful for any admission ticket to any athletic contest of any college or university of the State of Mississippi or for any admission ticket to any entertainment event held on state property to be sold for a price in excess of the price printed on the face of the ticket.

    It shall be unlawful to sell any such admission tickets at any place or in any manner except at such places and in such manner as designated by the proper authorities issuing such tickets.

    Nothing in this section shall prohibit a private individual from selling tickets bought for personal use at a price not to exceed the price on the face of the ticket.

    Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

HISTORY: SOURCES: Laws, 1990, ch. 342, § 1, eff from and after July 1, 1990.

So, just selling your tickets at “market value” may well get you charged with a crime, a misdemeanor.  Go, enjoy the game!

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not run afoul of the law.

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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Divorce, General Legal, Marriage

How to Know if Your (Ex) In-Laws HATE You.

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Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.

Once that divorce is final sometimes a clean break is best.  Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?

They sue you!

In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.

Q: “What is this? How can I be Garnished?”

A: “Someone has a Judgment against you…”

Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed.  All of this done, by the way, with NO notice or service on the Defendant.

Who was the intrepid filer, you ask? The now ex father-in-law.  He was mad, to say the least.

As justice requires, these actions were set aside.  A Motion to Set Aside and Stay of Garnishment were filed.  Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process.  As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.

What was the issue?  A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”

So, can you sue your ex in-law for a missed vacation? Yes.  Will you win? No.  Should you? No.  Does that make you a terrible person? Could be…

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.

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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Divorce, General Legal, Opinion

Why Clients Hate Lawyers.

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It can be a love-hate relationship.

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Nobody likes a lawyer until you need one. Then you love them, until you don’t. –Matthew Thompson

Clients hate lawyers for many reasons, but most commonly it is due to the following;

  • Poor Communication.  Communication between lawyers and clients is the #1 complaint.  Both, lawyers and clients, are busy.  Sometimes its hard to communicate effectively and in a timely manner.  This goes both ways and each needs to try to be responsive.
  • Poor Advice.  Just because they are a lawyer does not mean they know everything.  Sometimes lawyers get it wrong.
  • Don’t Do What They Say They Will.  Procrastination or not capable of doing what needs to be done, when it needs to be done.
  • Charging for Everything.  Every call, text, email and message, office appointment, and even when they are just thinking about your case.
  • Misleading About the Total Charges.  This is why I hate billable hours. It’s almost always more than “you” think.
  • Hard Advice.  This is different than poor advice.  Hard advice is telling you what yo don’t want to hear, but need to hear.  Sometimes lawyers are the messenger that gets shot (figuratively speaking, I hope).

Up next? Why Lawyers Hate Clients! Stay tuned.

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do things to be hated, at least by his own clients…

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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Divorce, General Legal, Modifications, Opinion

Lie Detectors! How Judges Know When YOU are Lying…

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The legal system relies on those persons within it to tell the truth.  All parties, the lawyers and judges are expected to be honest at all times!

When testifying a witnesses takes an oath.  This oath includes that they “swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God.”

However, this oath is sometimes nothing more than mere words to the witness. Here’s the scenario: A witness is testifying about their actions. On the day in question there are photographs showing him, in his truck, parking his truck and exiting his truck, placing him where he says he was not.

Q:  Whose truck is this?(shown a photo of his truck)

A:  I can’t tell from the picture.

Q:  Whose tag is this?(shown a photo of the tag)

A: Oh, that’s my wife’s truck.

Q:  Who drives that truck?

A: We both do.

Q: Who was driving it that day?

A: I don’t know what day…

Q: Look at the date stamp on the picture.

A: Oh…that day, that was me.

Q: It’s true isn’t it that you parked your truck in front of your exes driveway?

A: You can’t tell from the  picture whether I am parked or whether this is just a still shot of me driving by.

Q: This next photograph is of your truck with the driver’s door open and you getting out, correct?

A: Yes.

Q:  Who is that in that green t-shirt?

A:  I can’t tell from the picture who that is. (It’s him!)

Judges apply the smell test to determine your veracity, your truthfulness.  This fellow’s testimony did NOT pass the smell test.  He knew he was NOT telling the whole truth.  He lost his credibility on something seemingly trivial. Judges listen intently and judge you.  That is their job.  If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

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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Divorce, General Legal, Opinion

HOW NOT TO TESTIFY IN COURT!

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Courtroom testimony is nerve-wracking.  You’re under oath, in the spotlight and half of the time you are being questioned by someone who is likely out to get you.  However, there is one thing to NOT do.

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Do NOT interrupt.

Do NOT interrupt the person examining you. Do not interrupt whoever is asking the question and do NOT interrupt the Judge.  It never ends well, even if what you have to say is very relevant and important. Wait. Say it when asked or when explaining your answer.  Also, do NOT just volunteer information.  A Question is asked, an Answer is given.  If there is a moment of silence or a pause while the next question is being formulated there is no need to fill in the silence with talking.  Be still.

Read more on testimonial war stories here and child testimony here.

Matthew Thompson is a Family Law Litigation Attorney in Mississippi and does his best to not interrupt the Judge.

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, Crime, General Legal, Opinion

FLAG on the PLAY; NFL is NO Moral Authority

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Moral authority is authority premised on principles which are independent of written laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the principles of moral authority are immutable or unchangeable.

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The world has been abuzz the last week over two NFL scandals.  The first involved Ray Rice assaulting his then-fiancee, committing heinous acts of domestic violence, and the NFL’s wrist-slapping until the video of the act came to light.  The second was Adrian Petersen taking a switch to his 4-year old child, leaving numerous switch marks, welts and breaking the skin on the child.

There has been much attention on both and the good from this will be the light shined on domestic violence and proper child discipline.  Neither of these incidents were proper, nor excusable.  However, what the NFL does or does not do should not change your view on either incident.

The NFL is there to make money and provide entertainment.  That’s it.  If you are looking to the NFL to have a true moral compass or for real role models you are looking in the wrong place.  Look to your local neighborhoods, communities and own family for true role models. The professionals, pastors, educators, mothers and fathers – those that give back and do the right thing when no one is looking.  Those are the ones to emulate, if anyone.

The NFL is not designed nor equipped to be role models- they are designed to make money and entertain.

Don’t want to be constantly disappointed? Aim higher.

Matthew Thompson is a Family Law Attorney in Mississippi, coach of the U7 Girl’s Purple Rush, assistant den leader and involved in numerous community activity groups. 

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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Divorce, General Legal, Opinion

The #1 Reason Why Friends Vanish During Your Divorce.

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Sure, you may be losing a spouse, but you still have your friends, right?

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Divorces are hard, messy, time-consuming, energy and money draining. They impact not only your relationship with your spouse and children, but also your relationships with your friends.

Friends, all of a sudden, become witnesses.  That time that Jimmy drank too much at the BBQ and screamed and cursed at you.  Well, Paul witnessed the whole thing, thought Jimmy was out of line and even said as much. It made him wonder what Jimmy was like behind closed doors. But, given some time and the threat of a witness subpoena and Paul does not really “remember” exactly who said what.

When Maggie finds out she may be deposed about what you told her, she all of a sudden is an expert on hearsay and probably won’t be allowed to testify anyway…

The #1 reason on why friends vanish…THEY DO NOT WANT TO GET INVOLVED.

They do not want your problems to become their problems.  They do not want to “pick sides.”  They may be willing to be there for moral support, but when faced with Court, and cross examination – most would prefer not to.

Matthew Thompson is a Family Law Attorney and reminds you that friends don’t let friends go into Court unprepared.

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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