Category Archives: Modifications

Why is my Court Hearing Somewhere Else?

Mississippi has 20 Chancery Court Districts and 49 Chancery Court Judges, but Mississippi has 82 counties.  Most Chancery Court Districts, therefore, include more than one county.

You file your case in your home county’s Chancery Clerk’s Office, most often.  This is the appropriate “jurisdiction.” One District has a first and second judicial district, being Hinds County.  Most districts, however, include more than one County.  In that instance you still file in your home county, but you may well see the judge, have Court, and otherwise be in another County for your case.

I have been asked and have heard litigants try to use this as an advantage.  Perhaps not having to testify at home, making witnesses have to drive, or having Court somewhere else will lead to a better result. It doesn’t.  It is the same Judge, the same facts and in most instance just 30-45 minutes this way or that way from the other Courthouse.

One thing to remember when having litigation in multiple counties is to be mindful where the Court file is.  It is the lawyer’s job to see that the Court file makes it to Court.  I have seen time and again someone forget the Court file and the Judge be unwilling to take action until it can be retrieved or recessed until another day when it can be obtained.

I was involved in a 10th District case, commonly thought of as Hattiesburg, but had actual Court hearings in 5 different counties throughout the pendency of the case.  In no particular order, we had a trial and motion hearings in 1) Forrest County, Hattiesburg; 2) Lamar County, Purvis; 3) Marion County; Columbia, a temporary hearing in 4) Pearl River County, Poplarville, and a motion for New Trial in 5) Perry County, New Augusta.  Each hearing had the same judge, attorneys and parties, but were in so many different places because that is where the Judge was the days we had court appearances.

Matthew Thompson is a Family Law attorney, with a statewide practice, and recommends you hire a lawyer either in the area of where your case is or a lawyer who practices in that area.

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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5 More What NOT To-Dos in Family Law

I have blogged on FaceBook Don’ts several times.  5 Family Law FaceBook Don’ts & 5 More FaceBook Don’ts.  This one is a little more general, but are still things NOT to do in Family Law matters.

  • Don’t Follow Bad Advice Blindly.  If your attorney advises you to break into the house and take everything, including the dishwasher and the stove, think twice. Who does that? Who gives that advice? How could a Judge ever think that was a good thing? Click here for more. Bad Advice = Bad Lawyer.
  • Don’t Make it a WAR if you Don’t Have to. It only makes the lawyers more money.  You get less. Go to WAR only when it is absolutely necessary. Life and safety.
  • Don’t Solely Blame the Other Side. This piece is sometimes tough to swallow. That SOB you married may be mostly at fault, and sometimes completely at fault, but it’s rare that it is one side’s fault 100%. Acknowledging your culpability, at least to yourself, will help you process what you are going through.
  • Don’t Bad Mouth the Other Parent. It may be true. He may deserve it. You may tell the Judge, your counselor and your lawyer. No one else needs to know.
  • Don’t Forward the Children Communications Between you and the Other Parent. This is so inappropriate. Placing the children in the middle of a parental dispute is a classic symptom of parental alienation. If you are doing this you better watch out. You may not be able to stop the advice given in number 2, above.

Matthew Thompson is a Family Law attorney and tries to give good advice.  It may still not be easy to follow, but it is designed to create less havoc, not more, usually.

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What’s the Right Answer? (Family Law Conundrums)

Basic Family Law 101: (in most instances)

zicornicusso/freedigital photos.net

If you don’t know what the “right” legal answer is, do what’s “right,” and you’ll be fine.

-Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi.  That is all.

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

Car Wreck Attorney = Car Wreck Divorce

Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact.  After they had a non-family law attorney “handle” it for them.  It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills.  This claim has shown true, especially in the economic climate we are currently experiencing.  There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless.  An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area.  This knowledge and experience is INVALUABLE.  Additionally, experience is the best teacher.  Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need.  Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

Follow the blog: BowTieLawyer 

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

Churchill Wisdom; On Perseverance

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.

Change, Change, Change…Change of Child Support

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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Wild Divorce Laws; The Undivorce, Reconstructing a Marriage

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

Shackin’ Up? May = No Alimony!

Under Mississippi law, periodic alimony is subject to modification and termination, even if it’s based upon an agreement of the parties. See McDonald v. McDonald, 683 So. 2d 929, 931 (Miss. 1996) (The Court’s authority over periodic alimony award exists “regardless of any intent expressed by the parties to the contrary”).

Before 1994, Mississippi law provided that post-divorce sexual activity was illegal conduct which automatically terminated a wife’s right to alimony. This rule was changed in Hammonds v. Hammonds, 641 So. 2d 1211, 1216 (Miss. 1994), which held that in future cases the courts should consider only the economic effect of post-divorce cohabitation:

“[Our prior cases] clearly reflect a moral judgment that a divorced woman should not engage in sexual relations; the penalty for such activity is forfeiture of her right to support from her ex-husband. A secondary rationale in these cases for termination of alimony is the presumption that the divorced woman’s partner/cohabitant is providing financial support, thereby eliminating or reducing her need for support from her ex-husband. We find that only the latter issue—that of support—is properly before the court in its consideration of a request for alimony reduction or termination.” Id.

Three years later, in Scharwath v. Scharwath, 702 So. 2d 1210 (Miss. 1997), the Chancery Court held that the husband had not proven that the wife and her male companion were financially dependent upon one another and denied a termination of alimony. The MS Supreme Court reversed, adopting a formal presumption that cohabitation is a material change in circumstances sufficient to terminate alimony.

“This rationale, along with the facts of this case, accurately reflects the difficulty a providing spouse faces in presenting direct evidence of mutual financial support between cohabiting parties. The parties who live in cohabitation can easily and purposely keep their condition of mutual financial support concealed from the paying spouse, as well as from courts seeking only financial documentation before it will grant a modification. Such is the reason that we will, in future cases, apply the rule that proof of cohabitation creates a presumption that a material change in circumstances has occurred. See DePoorter v. DePoorter, 509 So. 2d 1141 (Fla. App. 1 Dist. 1987) (stating that presumption of material change in circumstances exists where recipient party cohabits with another). This presumption will shift the burden to the recipient spouse to come forward with evidence suggesting that there is no mutual support within his or her de facto marriage. While this presumption does not alter the overall burden of proof or the standard used to determine whether a modification is warranted, it does create a middle ground for this Court, between making moral judgment on the parties and condoning cohabitation outright.” Id., 702 So. 2d at 1211.

Under Hammonds, when a spouse receiving alimony is being supported by another person, that support is a sufficient change in financial circumstances to terminate alimony. To ensure that all relevant evidence was produced for the Court’s consideration, Scharwath placed the burden of proving financial independence upon the alimony recipient—the party with best access to the facts.

If an alimony recipient is cohabiting, the effect of that cohabitation cannot be removed by ending the cohabitation after a claim for termination of alimony is made. If that were the law, there would be little point in terminating alimony upon cohabitation at all, as alimony recipients would simply cease cohabitation whenever the rule is invoked.

So, if you are receiving alimony that terminates upon remarriage, cohabitation may also be included as a terminable event.

Matthew Thompson is a family law attorney in Mississippi and says shackin’ up can be expensive.

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