Category Archives: General Legal

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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divorce, General Legal, Irreconcilable differences, Marriage, Modifications

Wild Divorce Laws; The Undivorce, Reconstructing a Marriage

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One of my first posts on this site, way back, was a cut and paste job of an article I wrote a few years back for the Mississippi Bar Family Law Section Newsletter. It was entitled, I am an Undivorce Attorney.  I am re-blogging on it because, one) I have a significantly greater audience now, and two) I like writing about good news in divorce law.  I am still an Undivorce Attorney.

In Mississippi, you can legally UNDIVORCE!  Yes, you can have your judgment of divorce revoked by the Court that granted it.  This is not a remarriage, but rather judicially undoing the legal divorce. Why, you ask?  Well, just like sometimes people marry the wrong person, sometimes they got it right the first time and divorced the wrong person.

MCA 93-5-31, provides that a judgment of divorce may be revoked at any time by the Court that granted it.  The Court may require “satisfactory proof of reconciliation,” as well as “such regulation as it may deem proper.”  It requires a joint application of both parties. The process can be fairly simple and quick.

Upon approval by the Court, you can have your divorce erased and it’s as if you were never legally divorced.  You get “credit” for being married those years you were not, so 25 years still equals 25 years.

This is a very unique quirk in MS law and not widely known. In fact, a few judges, I have heard, have questioned whether they had the authority to do an undivorce and if it was legal.  They do and it is.

Matthew Thompson is a family law attorney in Mississippi and whether you marriage was a mistake or your divorce was a mistake, I can help!

Follow the blog: BowTieLawyer 

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

Food Related, General Legal

When it’s OK to LIE (or at least it should be)

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People lie.  Sometimes it’s little white lies, sometimes it’s big blatant lies and sometimes people lie just for the heck of it.  I have previously blogged on the Top 5 Lies of Divorce Clients, these are the lies attorney are told everyday for whatever reason.

But, when is it ok to lie?

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Well, the answer is that it is “ok” to lie when your spouse/significant other/soul-mate makes a special, home-cooked dinner, that required great time effort and trouble, and though it was not something you requested, nor would have requested and probably was not worth the effort, and in actuality tasted kind of funny…you may say that it was good.

Matthew Thompson is a family law attorney in Mississippi and cautions you that while it’s “ok” to lie about liking the dish, to not overdo it or you may end up getting it again!

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.

Bow Tie, Crime, General Legal, Opinion

Churchill Wisdom; On Truth

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“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.” – Sir Winston Churchill

Matthew Thompson is a family law attorney in Mississippi and counsels his clients to tell the truth. (And if they cannot to plead the 5th).

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, divorce, General Legal

Rocket Surgery? Designating Court Experts.

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Expert witnesses are routinely used in Divorce cases.  Expert testimony covers a wide gamut of topics, including; Financial, such as appraisals or accounting,  Counseling, regarding fault grounds or custody, Medical, regarding diagnosis and/or treatment, Attorney Fees and other areas.

Rule 26 of the Mississippi Rules of Civil Procedure governs the procedures that litigants must follow in designating expert witnesses. “A party may through interrogatories require any other party to identify;”

  • Each person whom the other party expects to call as an expert witness at trial,

  • To state the subject matter on which the expert is expected to testify, and

  • To state the substance of the facts and opinions to which the expert expected to testify and

  • A summary of the grounds for each opinion. (MRCP 26 (A)(I)).

Further, “A party is under a duty seasonably to supplement that party’s response with respect to any question directly addressed to…the identity of each person expected to be called as an expert witness at trial, the subject matter on which the person is expected to testify, and the substance of the testimony.” (MRCP 26 (f)(1)(B)).

“In regard to matters relating to discovery, the trial court has considerable discretion.” Dawkins v. Redd Pest Control Co., 607 So.2d 1232, 1235 (Miss. 1992).

The Mississippi Court of Appeals has upheld the non-allowance of an expert, not properly disclosed, when the party intending to use the expert did not comply with the Rules of procedure.  In Mallet v. Carter, 803 So.2d 504 (Miss. App. 2002), the Plaintiff was prohibited from using an expert, and her case was ultimately dismissed, for dilatory designation of the experts and providing insufficient discovery related to the experts after the time in which to do so had expired.

Expert testimony can be critical to prove certain aspects, even in seemingly routine cases.  Make sure that you know who your experts are, why you are using them, what their opinions are , what those opinions are based upon AND disclose all of this information to the other side in a timely fashion.

Matthew Thompson is a family law attorney in Mississippi and frequently certifies witnesses as experts when necessary and has testified as an expert with regard to attorney fees.

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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