Sitting Chancery Judge John McLaurin cruised to victory in Tuesday’s election, garnering over 75% of the vote. No small feat since about half of the time one litigant in his Courtroom could easily end up very dissatisfied. The citizens of Rankin County did well to retain Judge McLaurin.
If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.
When you do show up, tell the truth.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.
Cash is King, but only when you can prove you paid it!
When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.
“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.
Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.
Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt.
You are in the fight of your life against the one person who promised before God and everybody to always love and cherish you. Where’s the love now?
But dragging others into the fight may be the wrong move. I routinely see parents wanting to bring the kids in to testify, while stating that they do not want to bring the kids in to testify. Kind of a sorry-not sorry attitude.
Child testimony is permissible. There are some Gate-keeping obligations of the Court to apply prior to actual testimony being allowed. There are also various methods used by various Judges on taking child testimony. However, more basic than the trustworthiness of the testimomy and whether it should be in chambers or in open Court, is whether the child should be in that position at all.
The Mississippi Supreme Court stated, “We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage…as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.” Jethrow v. Jethrow, 571 So. 2d 270, 274 (Miss. 1990).
If there are not exigent circumstances, i.e.; abuse, criminal activity involving the child, physically dangerous activity and there is no other means to corroborate these facts, testimony may be required, but if it’s run of the mill dad did this or didn’t do that, or dad let the girlfriend give her a makeover, or mom’s boyfriend took them to Chik-fil-a, and these persons are not dangerous persons nor prohibited from being around per a Court Order, child testimony should be avoided.
Think about it from the child’s perspective, not your own. Your job is to do what is best for them, every time.
Matthew Thompson is a Child Custody attorney and cautions you on relying on child testimony when it’s not necessary.
It’s a thing. Only positive spoken here on this Friday!
I propose that today, Friday, August 5, 2016, be FaceBook Politics Free Friday. A day where we don’t hear about Gold Stars, Benghazi, Campaign Promises or Candidates and the only lies that are told is whether we look good in the attire we chose to wear that day. #FBPoliticsFreeFriday
There is a lawyer cliché to never ask a question that you do not know the answer to.
Asking that question may get you a self-serving answer that you did not anticipate.It may open Pandora’s box of bad evidence and a tidal wave of otherwise inadmissible evidence. All because you asked a question you should not have asked.
In a custody case, the opposing counsel called the child to testify. This was a dispute between mom and dad and the other attorney wanted the child to testify about what she wanted, specifically where and with whom she wanted to live. However, opposing counsel did NOT know what the child was going to say, but instead assumed it would be favorable to his client. After the routine introductory questions, the child was specifically asked,”If you had a magic wand and you could wave it and live wherever you wanted, where would that be?” After a few seconds of silence the child responded, “ A castle!” Fatal to the case? No. But not the answer the lawyer was looking for and it further helped prove positions that we had taken throughout the case regarding the child’s emotional maturity, an issue we believed worked in our favor.
Of course, sometimes it’s a critical issue and you have to ask the question. Tread carefully.
Another question not ask; When are you due?
Matthew Thompon is a Child Custody attoreny in Mississippi and tries not to ask questions that he does not know the answer to.
You’ve heard of the Lincoln Lawyer, but what about the Lemon Lawyer…
Signs of the Lemon Lawyer:
When you Call the Office and you Never get a Live Person. Voicemail has a purpose, but every time? Leave a message after the beep.
Bait and Switch. That’ll be $19.95. Once hired, that was just the retainer. it will be $19,995.00.
It’s Their First Case Doing that Type of Law. We all had to start somewhere, but sometimes the rookie is dangerous.
Alternative Fee Arrangements. Sure. We all like the Barter system, but taking your case for a bushel of beans and your grandpaw’s shotgun… you may get a bushel of something. Also, if there is a “couch fee” option, RUN!
Multiple Office Moves. Moving on up is one thing. Constantly moving, multiple firm changes and temporary office space at the Kangaroo Mart are red flags.
When you tell other people who represents you they say, “Ohhhh…“
Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the lemon.
(601) 850-8000 - - BowTieLawyer.MS 