Category Archives: Opinion

Happy Anniversary; The “Secret” to Wedded Bliss.

07/29/2013 BowTieLawyer 1 Comment

My parents recently celebrated their 45th wedding anniversary!

As I was inquiring about how long it “felt,” I was struck by the fact it was literally longer than a lifetime for my two brothers and me. I was asking dad about his “advice” and he recounted that in those 45 years that mom “never forget anything.” Mom laughed out loud. That’s LOL for the texting generation.

What I did NOT get were the clichés of never going to bed angry, that they just grew apart, or that us moving out(the kids) left them with nothing in common. So what did I takeaway from that? Keep a sense of humor. It was a big part of my life growing up. Laughing at yourself and others, primarily others. The cliché that did work and that is still working “laughter is the best medicine.”

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Child Custody, Child Support, General Legal, Opinion, Visitation

Paternity; Determining Baby Daddy

07/22/2013 BowTieLawyer 2 Comments

Paternity…Filiation…Who’s Your Daddy, whatever you call it, it’s the process where the Court determines who the biological father is and what his rights and obligations are.

Mississippi Law provides a number of statutes dealing with the Law on Paternity. Miss. Code Ann. 93-9- 1, et seq.

93-9-7 provides that the father of a child born out-of-wedlock is liable to the same extent as the father of a child born of lawful matrimony. The father can be liable for the “reasonable expenses of the mother’s pregnancy and confinement, and for the education, support, maintenance and medical expenses related to the child.” Additionally, a father can be liable for past support and maintenance for a period of one year prior to the filing of the paternity action. The father may also be ordered to pay the mother’s reasonable attorney fees.

Either the mother, the father, or any public authority chargeable by law with the support of the child may bring a paternity suit. This is what allows DHS to pursue these matters. The statute provides that once paternity is established the child shall have the surname of the father.

These actions may be brought in Chancery Court, Circuit Court or County Court, though most often are brought in Chancery.

Any agreements between the mother and father must be approved by the Court to be enforceable. A voluntary acknowledgement of paternity by a father is subject to a one year limit to challenge paternity. After one year, the only way to set aside a paternity Order is to show fraud, duress or material mistake and that you are not the father. Be careful about this. I always recommend a DNA/blood test, even if you “know.” If you are wrong you may still end up on the hook financially.

Also, if you find yourself in a paternity suit be sure to file for a determination of custody and visitation. DHS will not always do this and you could end up with financial obligations and no specific rights to see your child.

Matthew Thompson is a family law attorney in Mississippi and encourages you to hire an attorney if you find yourself in a paternity case.

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

Divorce, General Legal, Marriage, Opinion

Want Unconditional Love? Get a Puppy.

07/12/2013 BowTieLawyer Leave a comment

A happy, healthy husband-wife relationship is a wonderful thing. Though some would argue, increasingly rare.

Due to various reasons that relationship can break down. Recently, I was inquiring about the reasons for the breakdown of a marriage and it came down to the feeling of the lack of unconditional love (UL).

Upon some additional questions I learned that UL, in this instance, meant something to the effect of, “I can do whatever I want, and you HAVE to love me…” Or stated in less offensive terms, “while I may not always put you first, I NEED to always be put first.”

I thought that’s not really UL. Then I thought, how can a relationship on this Earth between a husband and a wife, or any relationship between consenting adults really be one based upon UL? If it really was UL, would that be a healthy relationship? Would the receiver of UL fully appreciate what they are getting? Would the giver of UL ever be satisfied?

UL is what a puppy gives. ALWAYS happy to see you. Always eager to please. Cannot wait to be with you again and cute as the dickens. But even puppies get tired and poop on the floor…

Want the closest thing to unconditional love? Get a puppy. Want a healthy relationship? It takes work, mutual companionship and a desire to make it last.

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

Opinion

Attorneys are a lot like Sunscreen

07/10/2013 BowTieLawyer Leave a comment

I am attending the MS Bas Convention in sunny Sandestin for the next several days.

This is where the new officers are installed and the general business of the state lawyers association is handled.

It is also a welcomed respite from the hustle and bustle that go along with law practice.

As I am watching the sunny skies, the crashing waves, the airplanes and the people it reminds me that you need sunscreen.

It seems a divorce attorney is a lot like sunscreen; kind of a hassle to deal with, could be messy, but is protection from a much later and bigger problem.

Matthew Thompson is a family law attorney in Mississippi and reminds you to wear your sunscreen.

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

Opinion

Why I Like the Fist Bump.

07/09/2013 BowTieLawyer 1 Comment

A Fist Bump is a hand gesture similar in meaning to a handshake or high-five, used as a greeting or in a celebratory fashion.

“The gesture is performed when two participants each form a closed fist with one hand and then lightly tap the front of their fists together. The participant’s fists may be either vertically oriented (perpendicular to the ground) or horizontally oriented.” Wikipedia

The history of the fist bump is as great as the gesture itself! One origin has the fist bump being “invented” by Stan Musial, a.k.a. “Stan the Man”, the greatest St. Louis Cardinal to ever don a baseball jersey. There are other theories, but I like this one.

Recently I suffered a minor cut to my hand while doing some home maintenance. This injury, while minor, just so happened to be in a place prone to being squeezed in a hand shake. It aggravated the injury, and me, upon a handshake. I thought to myself, “How can I show a greeting or celebration in a manner similar to a handshake or a high-five? Aha, the fist bump!”

In my opinion the fist bump is here to stay, for the following reasons;

safer than a handshake or high-five
more hygienic
looks cooler
able to do with either hand
more efficient
invented by Stan Musial

Matthew Thompson is a family law attorney in Mississippi and had an epiphany regarding fist bumps after a recent minor injury due to routine home maintenance. Matthew recommends that the fist bump be more commonly used and to wear gloves when doing routine home maintenance.

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

Bow Tie, General Legal, Opinion

Thompson named Adjunct Professor at Mississippi College School of Law.

07/05/2013 BowTieLawyer 2 Comments

Matthew Thompson, founder of Thompson Law Firm, pllc, has accepted a position as an Adjunct Professor at Mississippi College School of Law. He will be teaching Domestic Relations, a 3-hour course, to rising 2L and 3L law students. Thompson has been in the private practice of law for the past 8 years, with an emphasis on Domestic Relations.

“I was honored to be asked by the law school and am excited to be teaching the family law class.” – Matthew Thompson

Thompson will continue to operate Thompson Law Firm, pllc.

Matthew currently serves on the Board of Directors for Mississippi Legal Services Corporation and the Mississippi Volunteer Lawyers Project. Matthew is President of the Madison County Bar Association, Chairman of the Legal Committee in his neighborhood owner’s association, U5/6 Soccer Commissioner with the South Madison County Soccer Organization, Coach of the Thompson Law Firm FireAnts and BlueBirds soccer and t-ball teams, and serves on the Madison County Community Advisory Group.

You may contact Matthew at (601)850-8000 or Matthew@BowTieLawyer.ms

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.

Bow Tie, General Legal, Opinion

Happy 4th of July

07/04/2013 BowTieLawyer 1 Comment

Today, most Americans will be celebrating this country’s independence. The 4th of July is commemorated as the day that the Declaration of Independence was adopted. Within this Declaration is the profound statement, the foundation of U.S. existence;

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Happy 4th and don’t stop guarding your inalienable rights of Life, Liberty and the pursuit of Happiness!

Matthew Thompson is a Family Law attorney and if you are seeking Independence from your current spouse or are seeking liberty and the pursuit of happiness, call me. I may be able to help.

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

Crime, General Legal, Opinion

Is Mississippi Open Carry?

07/01/2013 BowTieLawyer 2 Comments

The question above has been asked, searched, googled and pondered more than any other gun law query in recent months.

: MS Gun Law Roller Coaster

Mississippi was set to be an “Open Carry” state, joining about 30 other States, effective July 1. I say “was” because there is some doubt right now. The Mississippi legislature passed House Bill 2 set to “kick-in” July 1, which was signed by the Governor, making it law. However, a Hinds County Circuit Judge said not so fast. Judge Winston Kidd held that the new law was vague, issued an injunction – which is a temporary hold – and set a hearing for July 8. This came about based upon a motion of the Hinds County District Attorney, Robert Schuler Smith.

The gist of the issue is that House Bill 2 redefined a concealed firearm. It removed from the definition of concealed a pistol in its holster that is wholly or partially visible. This change was common sense. HB 2 also deleted the statement ‘that nothing herein may be used to authorize open carry…‘ This language being deleted was significant in that this law now could be construed to allow open carry at least to the extent that it no longer prohibited open carry.

It is also interesting to note that the legislators that voted in favor of this law that are now saying they did not understand it, were actually provided with the old law with the proposed changes added in bold and the removed language with a line through it, so that you could still read what was being removed. Not understanding is an excuse.

A senator that voted in favor of the change and then came out publicly against it stated, “the interpretation is that by putting that change in the law you allow open carry, and we don’t believe that the constitution provides for open carry,” –John Horhn.

Decide for yourself. The Mississippi Constitution holds, in part;

The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons. Art. III, § 12 (enacted 1890, art. 3, § 12).

Open carry is not prohibited by the MS constitution in any fashion. The arguments that MS will turn into the “wild west” are overstated and speculative at best. The places that are posting “No Firearms” signs, I think, will regret it, as only the law-abiding folks will pay that any heed.

Ultimately, I predict the injunction will be dissolved and life will go on- with Open Carry.

Matthew Thompson is a Family Law attorney and implores you to not Open Carry just yet, and when you do upon the law being upheld, to Carry responsibly.

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