Category Archives: Opinion

Divorce, General Legal, Marriage, Opinion

Ringing In Valentine’s Day; Who gets the Ring when things go Wrong?

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Valentine’s Day is one of the most popular days to get engaged!  Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question.  But who gets the RING if things don’t pan out?

In Mississippi, the ring is a pre-marriage gift.  It can be argued that the ring is actually a conditional gift creating a contractual obligation.  How Romantic!

Here’s the scenario.  An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry.  So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration.  At this point the contract is fulfilled and the rings is now the property of the lady.  But what if they were only married for a minute?  Well, if they married the contract is fulfilled.  Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.

The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald, 698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady]  to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal.  Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).

Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:

 “Dearest One,

I love you and desire to marry you.   As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon.  ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)

Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!

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Bow Tie, Child Custody, Divorce, General Legal, Opinion

5 More Family Law FaceBook Don’ts

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I previously blogged on 5 Family Law FaceBook Don’ts.  This was a very popular blog topic and continues to generate a lot of traffic. This post lists 5 more things you should not be doing on FaceBook with regards to your family law case.

Posting inappropriate stuff on FB is not just an American thing. 1/5 of Australian divorces use FB postings to discredit some testimony that was offered by one party and FB activities are showing up in about 1/3 of United Kingdom divorce cases. Familyandthelaw.com.au 

5 More Things not to Put on FaceBook:

  • Don’t post Pictures of the other party, whether they be flattering or not. 
  • Don’t post Pictures of the children doing activities with captions that note the other parent’s absence.
  • Don’t post Pictures of your new squeeze in a “Parenting Role” that is intended to inflame the other side.
  • Don’t comment on your friend’s drama and “one-up” them with your own.
  • Don’t allow your FB friends to bash your Ex. 

Stay tuned for more FaceBook don’ts, as I have enough material to make this one a series and unfortunately am learning of new things not to do on an almost daily basis.

Matthew Thompson is a family law attorney in Mississippi that strives to not put inappropriate things on FB and thinks you should too!  #Trust the Bow Tie.

Follow the blog: BowTieLawyer

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Bow Tie, Child Support, General Legal, Grandparent Visitation, Modifications, Opinion

Behind the Scenes; LawCall, TV, Radio & Speaking)

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Recently I was invited to be on the TV show LawCall.  I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.

LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively.   The show features guests attorneys from across the state of Mississippi.  Every show highlights usually an area law.  The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.

This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies.  I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar.  I also routinely speak at CLEs (continuing legal education seminars) on Family Law.  I really enjoy these opportunities to talk about what I do.

On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky.  Ben and I discussed general family law topics prior to the show.  I also met and spoke with the moderator/ TV facilitator Tamica Smith.  Tamica is a pro.  She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.

When I arrived, I received my instructions from Charley Jones and his wife Angela.  They produce LawCall.  I received an ear piece where I could hear the control room and the callers.  We did a run down, which is just a practice run of the show.  I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look.  This was the toughest part for me.  There were 3 cameras.  The one to my right I was never to look at.  When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera.  It took some practice and just as I was getting the hang of it the show was over!

There were 4-5 callers with some really good questions.  There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be.  There was a question about Grandparent’s rights.  Grandparents have rights guaranteed by law in Mississippi.  A caller asked about whether his alimony obligations could be changed.  Based on what he described he could seek to modify his obligations.

Behind the scenes.  One of the newscasters had on jeans.  You only saw him from the waist up on TV so it did not matter…  It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top.  It was only water in the coffee mugs.  I got to keep the mug.  Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning.  How is that for marketing results!

Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements.  If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”

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

Bow Tie, Opinion

The Bow Tie Changes Everything…

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I have previously blogged on why I am the Bow Tie Lawyer and how I came to sport bow ties.  I recently read an article about how beards change not only one’s appearance, but also how they are perceived and it made me realize the bow tie also changes not only the person that wears it, but also those that come into contact with the bow tie wearer.

How, you ask, can a mere bow tie change someone?  A bow tie is just a narrow piece of cloth, placed around the neck and collar, tied into a bow, and usually worn on special occasion, also known as a dicky bow.  Here are some beneficial changes;

  • Most people assume you did not tie it and are astounded to find out that you tied it yourself.  They now see you in awe.
  • Most assume tying it is very difficult and because you can tie it you are very smart.  They now see you as superior.
  • Strangers will speak to you and comment on the bow tie’s dashing good looks.  They see you as a trend setter.
  • Fellow bow tie wearers give you an approving head nod.  They see you as in the fraternity.
  • Elderly women think it’s very handsome.  They see you as very handsome.

And, there are some not so beneficial changes;

  • A lot of people assume it’s a clip-on and never find out otherwise.  They see you as an odd, old man wearing a clip-on bow tie.
  • A lot of people assume you are a nerd.  They see you as a nerd.
  • Strangers will make comments to you and  call you Bill Nye and not mean it in a flattering manner. Again, they see you as a nerd.
  • When you are used to wearing long neck ties and switch to bow ties the first several times you wear the bow tie you feel a little under dressed due to not being able to see your tie, other than in a mirror. You are startled when you see yourself the first several times.
  • Younger women think it’s very dorky. They see you as dorky.

The good news is that bow ties are coming back into the mainstream. So, hopefully, if you wear one enough bow ties will once again gain wide acceptance, minimizing the negatives.

Matthew Thompson is a family law attorney that wears bow ties.  He is also the exception to the rule as all age groups think he and his bow ties are quite dashing and smart.  Trust the Bow Tie.

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 Support, General Legal, Modifications, Opinion

Mississippi Legislature Considering Tweak to Child Support

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There are a few Bills kicking around the legislature that would impact child support in Mississippi.

Senate Bill 2338 seeks to broaden the income levels that the child support guidelines are applied.  Currently, Child Support is a statutory amount (see Child Support blog) on income if your income is between $5k -$50k per year, adjusted gross income (AGI).  This bill seeks to increase the income range to $10k-$100k per year, AGI.

As the law is currently, if you make $50k per year, AGI, support for one child would be at least $585.  This figure is 14% of $50k and from there the Court could skew it upwards based on the needs of the child.  So, your obligation would likely be in a broad range from $585 -$1,200 per month, give or take, depending on your income.  This change would make the 14% apply directly to all sums over $50k up to $100k AGI.  So, support, at the least, would be $1,166.00 per month.  This likely would keep higher wage earners support in line with what they are already paying and is not a substantial change.

Senate Bill 2339 proposes a more significant change.  This skews upward all statutory amounts, as follows;

  • 1 Child  from 14% to 17%
  • 2 Children from 20% to 24%
  • 3 Children from 22% to 26%
  • 4 Children from 24% to 28%
  • 5 or more Children from 26% to 30%

So in the same example from above the parent that owed $585 would now owe $710 in support, and if both Bills pass then the amount could be $1,416 per month if the paying parent made $100k AGI.

Mississippi has some of the lowest rates nationally for child support, but also extends the obligation to (21), which is longer than most other states, which end support at 18 or 19.  SB 2339 also proposes to decrease the age for emancipation to 18, or 19, depending upon whether the child has finished high school.  This is a significant change in the law and would only apply to post July 1, 2013, Orders and Judgments.  Neither are law now and it does not appear there is a groundswell of support for either, those these changes would make Mississippi in line with most other states.

Stay tuned to see what the “Hissing Possums” pass.

Matthew Thompson is a family law attorney that keeps abreast of the law and changes related thereto.  He also just used abreast and thereto in a sentence and twice referenced to hissing possums, as Saturday Night Live mockingly referred to the Mississippi Legislature.

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.

 

Divorce, General Legal, Opinion

Keeping Quiet; Family Law’s Most Difficult Challenge

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Loose lips sink ships, less is more, mind your business, and be nice or at least indifferent. All good advice, given everyday and routinely ignored.

Coping with litigation, especially family law litigation, is tough.  “Venting” is common and can be therapeutic,(click here for dealing with stress) but be careful who you vent to.  If it is done to the wrong person it will come back to bite you.   But…you say, “I am only telling the truth.”

The truth is if your cheating spouse loses his job everyone is worse off.  The truth is if your spouse, who is a sorry parent because they are more interested in going to the Electric Cowboy, is vilified in front of the children it will be harmful to them. (They will know in time.  An exception may be made if the parent’s sorriness affects the children’s actual safety).

Also, telling people your business does not bode well for reconciliation.  Telling your “friend that has been through this” what a crummy guy he is, how sorry he is, and how abusive he is, means you and that “friend that has been through this” will NOT be friends when you and Mr. Sorry get back together.   I know what you are thinking, “No chance in hell of that,” but stranger things have happened…

So who can you vent to?

  • Your Lawyer.  We are paid to listen, counsel and advise…though we all have our limits.
  • Your Counselor.  It’s their job, too.  They listen, do not judge and can offer coping mechanisms. Don’t have a counselor? Ask your lawyer.
  • Your Preacher.  They have heard it before and are very familiar with Sodom and Gomorrah and fire and brimstone.  Your situation is probably not that bad.
  • Your Momma.  I don’t mean this in the slang sense.   Really, speaking with a parent, or other trusted adult, can help, even if you are a grown-up, yourself.  Just be careful because what you say to a lay person is not protected by attorney-client privilege, doctor-patient privilege, nor priest-penitent privilege.  (I have less concern about you telling your mom how sorry he is because deep down mom always “knew” it).
  • Your Friend that has been through it.  This can be a great resource of knowing what to expect and leaning on a sympathetic ear.  Be careful here, too, as there is no privilege and she could be playing both sides, and reconciliation means y’all likely won’t be friends.

Be sure you let your attorney know who you are talking to.  They need to know.  They may have represented that friend, or otherwise been involved in that case, and may have some insight as to whether you should be talking to that person.

Matthew Thompson is a family law attorney that knows how to keep quiet about your business.  Confidentiality and privilege are two things taken very seriously at TLF.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

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Divorce, General Legal, Opinion

Red Flag Representation

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This blog topic was requested by a colleague.  This posting is geared toward attorneys on spotting warning signs and/or red flags  of potential difficult clients.  This can also apply to a variety of  business owners to be on the lookout for potential difficult customers.

Difficult clients and difficult cases come with the territory of being a lawyer.  The following are some red flags to be aware of, however, these are not necessarily cases or clients to avoid.  I have read many other attorney and business guru’s opinions on avoiding certain types of clients/customers.  They are time stealers, energy wasters and headaches in the making.  In my practice, however, “clients to avoid” have been some of the more gratifying cases for a variety of reasons.  Nonetheless, it is always best to know what you are getting into.

  • Calling/Hiring at the Last Minute.  We have all had the call.  “I need an attorney for tomorrow!”  There’s a trial setting that has been ignored and the client wants you to work miracles.  When the trial is tomorrow – red flag.
  • Multiple Past Attorneys.  This client has been through 2 or 3 or more attorneys.  This is a huge red flag.  The former attorneys either “did not know what he was doing” or “was on the take” or both.  (Sometimes there is a former attorney “no longer willing to do anything” because the potential client owes them a lot of money.)
  • 5 Boxes on the First Visit.  It takes 3 trips to get everything upstairs from car.  Every possible shred of paper has been kept, not necessarily in an organized manner, but…”I know it’s in there somewhere.”
  • No Call/No Show for an Appointment.  After accommodating someone’s work schedule, staying late to meet them and they do not show, did not call, and did not answer when you tried to call them, it could be a sign of the future.
  • When it’s Just Too Hard.  You know the client.  Having to convince them you are honest and on the up and up, having to justify every minute spent speaking to them and/or working on their case.  I charge a fee for my initial assessments with clients. I do this because I provide valuable information, answer questions, provide them with a specific plan of action and it creates a “future conflict” upon the meeting taking place.  When I have to go to great lengths to justify a fee because so and so will see them for free for a “consultation,” I tell them to go see so and so.
  • When There is Animosity at the Outset.  Along the lines of being Just Too Hard, is when you just don’t click.  Sometimes we have to give hard advice.  Sometimes we tell people what they do not want to hear.  Sometimes they attack the messenger.
  • Interviewing Multiple Attorneys.  This one is seemingly innocuous.  It differs from the multiple past attorneys above because the potential client never actually hired the interviewees.  This is the classic “Conflict the Attorney Out,” scheme.  People do it.  Be aware.
  • Super Emotional.  Family law is always difficult and is always emotional.  However, sometimes the hurt and emotional pain of a case are too much for the client to deal with AND litigation and all of the rigors that requires at the same time.  Recognize this to better serve your clients.
  • No Pay or Slow Pay.  The check is in the mail, can you hold the check until ___?, or the check bounced.  As Professor Jeffrey Jackson* at Mississippi College School of Law is known to say, “I can worry about your case or the money you owe me, but not both.”  It is fair to ask the potential client about their income, available resources and intentions to pay the necessary fees. *(As an aside,  Professor Jackson was named to National Jurist’s 23 Law Professors to Take Before you Die.)

These are just a few red flags that a potential client could be difficult, but in my opinion any one of these can occur due to the circumstances of a particular situation and should not disqualify representation.  If all signs are present in your next new client consultation, tell them to go hire so and so.

Matthew is a family law attorney and is not scared to take on a red flag representation, well, except the ones that don’t pay.  

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.

Divorce, Opinion

It’s So Cold…

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How cold is it?

It’s so cold outside I saw a divorce attorney with his hands in his own pockets.

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Matthew Thompson is a family law attorney that is up front with his clients about fees and expenses of litigation.  Hiring Thompson Law Firm may help you keep some green in your pocket.

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.