Category Archives: General Legal

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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Child Custody, Child Support, General Legal, Modifications, Visitation

Churchill Wisdom; On Perseverance

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Never, never, never give up.  

– Sir Winston Churchill

I recently concluded a 3 year, 4-day, custody trial.  The matter began 3 years ago on an emergency basis, removing custody of a child from one parent, due to their conduct, and placing custody with the other parent.

The matter took three years because it was in two different Courts; Youth Court and Chancery Court.  There was a lawyer change about a year into the matter and it took some time to have the matter transferred from one Court to the other.

There were Orders regarding pyschological evaluations and parenting classes and requirements of completing those processes.  Also, the delay benefited the party that had emergency custody, so having it concluded sooner was not a huge priority.  It also took a long time to get to the trial setting. It was set months in advance but due to the Court docket being backed up it was not quick.  Also, when the matter was not finished on the day set for trial, you do not just go back the next day, you get another setting months down the road.

This, however, is by no means a standard time frame, but it does happen. During the three years both parties wavered on pursuing the matter to the end, on compromising and just giving up.  But, perseverance prevailed.  Justice prevailed and the Court ultimately ruled on Custody and what was in the best interest of the child.

Matthew Thompson is a family law attorney in Mississippi and can attest that perseverance can win the race.

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.

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.

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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 Custody, Child Support, General Legal, Opinion

War Stories; How NOT to testify (grandmother edition)

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War Stories are the fun, awful, tough and unique occurrences that lawyers and parties in litigation get to experience and live to tell about it. At water coolers and break rooms throughout the world lawyers regale anyone who will listen about that time they…(this series will include a few of my own).

Facts: This was an initial Child Custody case, which means the Court must consider the Albright Factors. Dad had temporary custody due to prior child neglect allegations against mom. Mom was required to pay child support pursuant to this Order. Mom called her mother (Grandmother) to testify to corroborate that mom is good, dad is bad, and custody should be with mom.

On direct examination, that is when mom’s attorney was questioning grandmother, she did fine. She said mom was good, dad was bad for reasons including; he was not around and did not support the child, and that the child should be with mom.

On cross-examination, that is when I get to ask questions, the tone changed. From the jump Grandmother was defensive and combative. This was a mistake on her part. She should have stayed calm and exuded confidence, not anger. Even if she had to fake it.

Upon questioning about the neglect allegations grandmother downplayed them as a misunderstanding and had a story which completely excused mom’s conduct. The problem was there had already been 3 prior witnesses which contradicted this, one of whom was mom! Certainly they had to have had a discussion prior to court.

Next, grandmother took dad to task for “not supporting” the child, but her only “proof” was anecdotal. Nonetheless, she concluded he was no good because he was not supporting them and she knew this because mom told her so. Grandmother changed her tune about a parent being no good for not supporting the child however, once my questioning revealed mom had not paid child support in months, though ordered. It was different for some reason, but she could not be explain how.

Lastly, Grandmother had no real complaints about dad’s care-giving the last several months when he had custody and reluctantly admitted the child was doing well. She was also extremely evasive about mom’s new beau and that person’s involvement with the child. It was obvious she was trying to avoid giving that testimony.

Grandmother should not have testified. She added nothing and ended up undermining mom’s case. The only way to have known this would have been to thoroughly prepare her for direct and cross-examination and taking the time to view the case from both parties’ perspectives.

Matthew Thompson is a family law attorney in Mississippi and assesses your case from your perspective, as well as how the other side may approach it.

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 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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