Category Archives: General Legal

Happy Anniversary; The “Secret” to Wedded Bliss.

07/29/2013 BowTieLawyer 1 Comment

My parents recently celebrated their 45th wedding anniversary!

As I was inquiring about how long it “felt,” I was struck by the fact it was literally longer than a lifetime for my two brothers and me. I was asking dad about his “advice” and he recounted that in those 45 years that mom “never forget anything.” Mom laughed out loud. That’s LOL for the texting generation.

What I did NOT get were the clichés of never going to bed angry, that they just grew apart, or that us moving out(the kids) left them with nothing in common. So what did I takeaway from that? Keep a sense of humor. It was a big part of my life growing up. Laughing at yourself and others, primarily others. The cliché that did work and that is still working “laughter is the best medicine.”

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Child Custody, Child Support, General Legal, Opinion, Visitation

Paternity; Determining Baby Daddy

07/22/2013 BowTieLawyer 2 Comments

Paternity…Filiation…Who’s Your Daddy, whatever you call it, it’s the process where the Court determines who the biological father is and what his rights and obligations are.

Mississippi Law provides a number of statutes dealing with the Law on Paternity. Miss. Code Ann. 93-9- 1, et seq.

93-9-7 provides that the father of a child born out-of-wedlock is liable to the same extent as the father of a child born of lawful matrimony. The father can be liable for the “reasonable expenses of the mother’s pregnancy and confinement, and for the education, support, maintenance and medical expenses related to the child.” Additionally, a father can be liable for past support and maintenance for a period of one year prior to the filing of the paternity action. The father may also be ordered to pay the mother’s reasonable attorney fees.

Either the mother, the father, or any public authority chargeable by law with the support of the child may bring a paternity suit. This is what allows DHS to pursue these matters. The statute provides that once paternity is established the child shall have the surname of the father.

These actions may be brought in Chancery Court, Circuit Court or County Court, though most often are brought in Chancery.

Any agreements between the mother and father must be approved by the Court to be enforceable. A voluntary acknowledgement of paternity by a father is subject to a one year limit to challenge paternity. After one year, the only way to set aside a paternity Order is to show fraud, duress or material mistake and that you are not the father. Be careful about this. I always recommend a DNA/blood test, even if you “know.” If you are wrong you may still end up on the hook financially.

Also, if you find yourself in a paternity suit be sure to file for a determination of custody and visitation. DHS will not always do this and you could end up with financial obligations and no specific rights to see your child.

Matthew Thompson is a family law attorney in Mississippi and encourages you to hire an attorney if you find yourself in a paternity case.

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, Marriage, Opinion

Want Unconditional Love? Get a Puppy.

07/12/2013 BowTieLawyer Leave a comment

A happy, healthy husband-wife relationship is a wonderful thing. Though some would argue, increasingly rare.

Due to various reasons that relationship can break down. Recently, I was inquiring about the reasons for the breakdown of a marriage and it came down to the feeling of the lack of unconditional love (UL).

Upon some additional questions I learned that UL, in this instance, meant something to the effect of, “I can do whatever I want, and you HAVE to love me…” Or stated in less offensive terms, “while I may not always put you first, I NEED to always be put first.”

I thought that’s not really UL. Then I thought, how can a relationship on this Earth between a husband and a wife, or any relationship between consenting adults really be one based upon UL? If it really was UL, would that be a healthy relationship? Would the receiver of UL fully appreciate what they are getting? Would the giver of UL ever be satisfied?

UL is what a puppy gives. ALWAYS happy to see you. Always eager to please. Cannot wait to be with you again and cute as the dickens. But even puppies get tired and poop on the floor…

Want the closest thing to unconditional love? Get a puppy. Want a healthy relationship? It takes work, mutual companionship and a desire to make it last.

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, Child Support, divorce, General Legal, Modifications, Visitation

Riding the Wave – “Coping” with Family, Law and Family Law

07/08/2013 BowTieLawyer Leave a comment

One of the best pieces of advice is to “ride the wave.” In family law, such as life, adversity is a given. How you respond is the key.

How you choose to deal with that adversity will directly contribute to the results you get. Oftentimes it is a common reaction to fight fire with fire, and we all know the eye for an eye sentiment, but that may not be the best response. I have previously blogged on dealing with stress and uncertainty. This one is a little different. It is not so much how to cope, but to try to use the adversity to your advantage.

A great example was when I was faced with a young father being sued for an increase in child support. He had experienced an increase in income and was really starting to enjoy life. The ex sued him and he viewed this as ‘just his luck.’ I explained that she may be entitled to a child support increase, that he was paying a very low amount from a previous order, that some time had passed since last being in Court and that an increase was due. As I discussed his situation he disclosed some frustration with the visitation schedule. How his new job, while paying well made the current schedule difficult to work and the ex was not too easy to get along with. I told him that since we are “going to court” that we should seek a visitation modification. He did not want to make things worse. I told him it would not. Ultimately, an increase in support was negotiated along with a visitation schedule change that allowed him more time.

He rode the wave, sure it cost more money, but that is what the law requires once you subject yourself to the Court system. He used the adversity to get a better result.

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

Bow Tie, General Legal, Opinion

Thompson named Adjunct Professor at Mississippi College School of Law.

07/05/2013 BowTieLawyer 2 Comments

Matthew Thompson, founder of Thompson Law Firm, pllc, has accepted a position as an Adjunct Professor at Mississippi College School of Law. He will be teaching Domestic Relations, a 3-hour course, to rising 2L and 3L law students. Thompson has been in the private practice of law for the past 8 years, with an emphasis on Domestic Relations.

“I was honored to be asked by the law school and am excited to be teaching the family law class.” – Matthew Thompson

Thompson will continue to operate Thompson Law Firm, pllc.

Matthew currently serves on the Board of Directors for Mississippi Legal Services Corporation and the Mississippi Volunteer Lawyers Project. Matthew is President of the Madison County Bar Association, Chairman of the Legal Committee in his neighborhood owner’s association, U5/6 Soccer Commissioner with the South Madison County Soccer Organization, Coach of the Thompson Law Firm FireAnts and BlueBirds soccer and t-ball teams, and serves on the Madison County Community Advisory Group.

You may contact Matthew at (601)850-8000 or Matthew@BowTieLawyer.ms

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.

Bow Tie, General Legal, Opinion

Happy 4th of July

07/04/2013 BowTieLawyer 1 Comment

Today, most Americans will be celebrating this country’s independence. The 4th of July is commemorated as the day that the Declaration of Independence was adopted. Within this Declaration is the profound statement, the foundation of U.S. existence;

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Happy 4th and don’t stop guarding your inalienable rights of Life, Liberty and the pursuit of Happiness!

Matthew Thompson is a Family Law attorney and if you are seeking Independence from your current spouse or are seeking liberty and the pursuit of happiness, call me. I may be able to help.

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, Opinion

Is Mississippi Open Carry?

07/01/2013 BowTieLawyer 2 Comments

The question above has been asked, searched, googled and pondered more than any other gun law query in recent months.

: MS Gun Law Roller Coaster

Mississippi was set to be an “Open Carry” state, joining about 30 other States, effective July 1. I say “was” because there is some doubt right now. The Mississippi legislature passed House Bill 2 set to “kick-in” July 1, which was signed by the Governor, making it law. However, a Hinds County Circuit Judge said not so fast. Judge Winston Kidd held that the new law was vague, issued an injunction – which is a temporary hold – and set a hearing for July 8. This came about based upon a motion of the Hinds County District Attorney, Robert Schuler Smith.

The gist of the issue is that House Bill 2 redefined a concealed firearm. It removed from the definition of concealed a pistol in its holster that is wholly or partially visible. This change was common sense. HB 2 also deleted the statement ‘that nothing herein may be used to authorize open carry…‘ This language being deleted was significant in that this law now could be construed to allow open carry at least to the extent that it no longer prohibited open carry.

It is also interesting to note that the legislators that voted in favor of this law that are now saying they did not understand it, were actually provided with the old law with the proposed changes added in bold and the removed language with a line through it, so that you could still read what was being removed. Not understanding is an excuse.

A senator that voted in favor of the change and then came out publicly against it stated, “the interpretation is that by putting that change in the law you allow open carry, and we don’t believe that the constitution provides for open carry,” –John Horhn.

Decide for yourself. The Mississippi Constitution holds, in part;

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons. Art. III, § 12 (enacted 1890, art. 3, § 12).

Open carry is not prohibited by the MS constitution in any fashion. The arguments that MS will turn into the “wild west” are overstated and speculative at best. The places that are posting “No Firearms” signs, I think, will regret it, as only the law-abiding folks will pay that any heed.

Ultimately, I predict the injunction will be dissolved and life will go on- with Open Carry.

Matthew Thompson is a Family Law attorney and implores you to not Open Carry just yet, and when you do upon the law being upheld, to Carry responsibly.

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.

General Legal, Opinion

Congrats, Bulldogs!

06/26/2013 BowTieLawyer Leave a comment

Mississippi State jut concluded the best season in the history of MSU sports.

The baseball team finished second in the country in the College World Series. The players made the Bulldog nation proud during their time in the spotlight (with perhaps, the only possible exception being the guy with his jersey over halfway unbuttoned, bare-chested).

It is not often that a Mississippi team is playing for a national championship and for that, We Salute you! Job well done. We’re proud of you and we’ll get them next year.

#HailState

Matthew Thompson

MSU 1997-2001, intramural softball – starting pitcher.