Category Archives: Modifications

Child Custody, Child Support, Divorce, Irreconcilable differences, Marriage, Modifications

Family Law Practice Areas…defined.

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Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case.  Here are a few of the major areas of family law, the simple explanations and links to more information.

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Stuart Miles /freedigital photos.net
  • Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”

Fault Process and “No-Fault” process.

  • Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
  • Child Support– who pays, how much and for what.

Additional practice areas will be featured and defined throughout the year.

Matthew Thompson is a family law  attorney  and handles a variety of family law legal matters.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Support, Divorce, General Legal, Modifications, Opinion

Why You NEED a Lawyer.

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On the heels of “Just One Simple Question” comes the second most asked question, “Do I need a Lawyer?”

If you are asking the question you probably need a lawyer. Lawyers aren’t all evil and repugnant beings, perhaps many, but not all.

Lawyers that are experienced in the area you need help in usually are very valuable.  This can be seen often in family law.  Many times I have seen bad deals that the client entered into because they did not know better or they were told it was standard.

Clients have agreed to paying more monies than they would have owed and frankly more than they can really afford. I have seen agreements that limited a parent’s access to a child for no good reason. I saw one agreement where the parties agreed to each maintain a million dollars in whole life insurance.  Neither knew what that meant or the actual expense they were actually agreeing to be responsible for. I have seen many agreements that call for the sale of property, such as the home, but do not address the terms of the sale, who pays what until it’s sold, who claims the mortgage interest deduction, and what happens if the parties cannot agree on negotiations.

Lawyers can help. Really.

Matthew Thompson is a Family Law  Attorney in Mississippi and if you find yourself asking if you need an attorney, you r probably do.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, Divorce, General Legal, Modifications

Chad King, Esq.- Thompson Law Firm,pllc

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THOMPSON LAW FIRM, PLLC,  IS PLEASED TO WELCOME CHAD KING AS ASSOCIATE ATTORNEY.

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Chad brings with him over a decade of family law experience, having served as law clerk, paralegal and office administrator over his many years of working in the legal community, and now as Associate Attorney.

Chad will be handling family law cases such as divorce, alimony, child custody and support and will also be handling adoptions.

Chad earned his Doctor of Jurisprudence from Mississippi College School of Law in 2015, where he served as President of the Family Law Society and as a Student Attorney in the Adoption Clinic. He also served as an Adjunct Professor in Paralegal Studies at Hinds Community College.

Chad King is a Divorce and Family Law Attorney in Mississippi  and prefers “No Tie” over a Bow Tie.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Thompson Law Firm with your family law matter or question at (601) 850-8000 or Chad@bowtielawyer.ms

Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

SECRETS REVEALED! What REALLY Goes on in the Judge’s Chambers…

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In every courtroom there is a mystery door, usually in the back corner.  Within this door are the secrets of Court…

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Litigants see the Judge and Lawyers disappear into this door. What seems like an eternity later, they emerge. Is one smiling? Does one have a scowl? What does it all mean?

These “chamber conferences” matter.  This is where the Judge hears what the case is about.  Each attorney is allowed a few minutes to tell their client’s side of the story, factually.  The Court hears legal arguments as to this issue and that issue.  In this conference the Judge may indicate what they are inclined to do.  This is actually a good thing, usually.

You find out whether or not you are fighting a losing battle, or whether there will even be a fight.

I had a case where the parties were fighting over “Legal Custody.” Legal custody is the decision making right regarding the child, such as education, medical and general welfare areas.  It’s extremely common for the parties to have Joint Legal Custody.  However, this particular lawyer and client would not agree to Joint Legal Custody.  It was about 2 minutes of discussion and the Judge said, “I almost always do Joint Legal Custody, unless there is a really good reason not to.”  There was not a good reason. That resolved the last remaining issue.

Sometimes the conferences go against you.  That causes questions of doubt between the lawyer and client. “Did my lawyer fight for my side?” You have to trust your lawyer and believe them. Also, they should advise you that the Judge indicated they were inclined to rule this way, but we can still have a hearing and we may be able to convince them otherwise. Probably not, but we may be able to. Ultimately, it is the client’s decision.

Usually, conferences help. It’s not underhanded nor improper if lawyers for both parties are participating.

Matthew Thompson is a family law attorney in Mississippi and usually welcomes Chamber Conferences.

Child Support, Modifications, Visitation

Changing Your Papers WITHOUT the Court; Danger, danger, danger

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Mom and Dad get a divorce. Things go okay. A few years later they decide we can make some changes. Dad gets a little more time, Mom “agrees” to a little less money…

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The Court process takes too long. Attorneys cost too much.  Plus, Mom and Dad agreed! They switch to a week-on, week-off custody arrangement.  The kids are older, it works.  Dad starts paying support directly for the benefit of the kids. He pays for the child’s car and insurance, and picks up health insurance which was previously mom’s responsibility. Dad does not pay mom directly. It’s about the same money, probably.  What could go wrong?

Court Orders may only be modified by other Court Orders. Once an Order is issued and in place the parties are bound to follow it.  This is so ironclad  that the Court has a mechanism in place to enforce its Orders that can result in the breaching party having to pay fines and/or go to jail. This process is called Contempt.  If you are not following the Order in your case, you are subject to a Contempt Petition being filed by the other party.

But if we agreed what’s the big deal?  The big deal is that the new Agreement is not worth the paper it’s not written on, if not approved by the Judge.

At some point in the future, and it never fails, Mom and Dad have a falling out, again.  Mom goes to an attorney and tells him that Dad has not paid child support in two years.  Mom sues  Dad for Contempt for all of the “back” support and then “un-agrees” to the custody change and goes back to an every other weekend schedule for visitation.   Dad counter sues for a custody modification seeking custody now due to mom’s change and contempt over the health insurance issue.  The only sure thing now is that each may well be in contempt and the Court is left to sort it out.

If you modify your Order/Agreement do it in writing, signed and approved by the Court. It’s the only way to guaranty that the Agreement is enforceable and for protection from being subject to Contempt for not doing what was in the prior Order.

Matthew Thompson is a Family Law Attorney in Mississippi that handles Modification of Custody and Contempt actions for failure to pay child support and reminds you to pay your support early, often and keep good records!

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, Child Support, Crime, Divorce, General Legal, Marriage, Modifications, Opinion, Uncategorized, Visitation

Charlie Sheen- Law, Love and Winning

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After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.

http://www.foxnews.com/entertainment/2013/12/22/charlie-sheen-/

There could be a law school class; Charlie Sheen and the Law.

Charlie on Restraining Orders:

“Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)

Charlie on being “Bi-Polar:”

“I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.

Charlie on suing CBS:

“They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”

Charlie on why he is a “Winner:”

“I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.“

Charlie on Drugs:

“I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”

 

Quotes courtesy of Mr. Sheen and US Magazine.

Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Child Custody, Divorce, General Legal, Modifications

Don’t YELL in Court!

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Sometimes we lose our cool…

stockimages/ freedigitalphotos.net

It happens to the best of us. “We” get excited, animated and emotional, but you need to try to keep that in check. Lawyers are guilty of this too!

Here’s the set-up. The Divorce Agreement provides that either “party shall receive advance notice of any out of state travel, overnight, with the minor child by the other parent.“

Not an unreasonable clause. It does not require permission, but notice.

So, one parent, on multiple occasions does not give the other parent notice.  The unknowing parent finds out about the timing of the trips during their time with the child, after the trips have occurred.

What’s the harm you ask? Well, these parents live 2-states away from one another. Where was the undisclosed trip? Yes, the other parent’s home state, just a few hours away.  A great opportunity for a visit! But, alas it did not happen.

Upon questioning the parent defended not telling the other because the second parent did not ask. Here’s where the yelling comes in.

“HOW DOES THE OTHER PARENT KNOW TO ASK ABOUT THE TRIP IF YOU DON’T TELL THEM ABOUT THE TRIP ?!?“

Silence.

Read more on Rotten Parenting, Terrible Parenting and being a Terrible Person.

Matthew Thompson is a Chancery Court Attorney and warns clients and attorneys alike to not yell in Court.

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, Child Support, Divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms