Category Archives: Opinion

Marriage in Mississippi- Until Death…Irretrievable Breakdown is Dead.

03/02/2022 BowTieLawyer 1 Comment

A proposed bill died a quiet death in committee yesterday, the same committee that helped in the drafting and promoting it. This bill had previously passed the Senate as well…

In November, I wrote about the “word on the street” of changes coming in Family Law in Mississippi. Last summer the Mississippi Legislature assembled a blue-ribbon panel of lawyers, judges, legislators, law professors and the like to assess some of Mississippi’s more difficult or out-of-the-main-stream family law laws.

This panel suggested multiple changes with child support/age of majority and adding a 13th ground for divorce- irretrievable breakdown. This change would bring Mississippi in line with approximately 48 other states.

Part of the reason for the blue-ribbon panel was to gain insight from the practitioners, judges and persons dealing with the families this would impact. The rumor mill was that this was a done deal, was much-needed and would alleviate what one supreme court justice described as “financial blackmail.”

Yoggi Berra said it first, “It ain’t over ’til it’s over.”

Senate Bill 2643 (Miss 2022) died in Committee on March 1, 2022, when it was referred to Judiciary A, by Speaker, Philip Gun.

“4   02/10 (S) Transmitted To House
   5   03/01 (H) Referred To Judiciary A
   6   03/01 (H) Died In Committee”

Unfortunately, we may never know all of the behind-the-scenes details on why this was studied, proposed, promoted, passed, referred and allowed to whither on the vine. But, it was a much needed change in Mississippi law and one that would do more to promote family harmony than anything else the Mississippi legislature could do.

This harkens back to 2017 when a legislator single-handedly killed attempts to add domestic violence as a specific element of a cruelty based divorce and allow for the victim’s testimony to be sufficient proof of such. Once the domestic violence provision was struck the firestorm that erupted caused an about-face of the legislator and the language reappeared in another bill…lets hope for some common sense and that history repeats itself.

Matthew Thompson is a Mississippi Divorce and Civil Defense Attorney and is routing for another Change of Heart!

divorce, Opinion

Merry Christmas!!

12/25/2021 BowTieLawyer Leave a comment

divorce, Irreconcilable differences, Opinion

Changes in Family Law Coming?? (for Mississippi)

11/08/2021 BowTieLawyer 5 Comments

Word on the street is that some changes are coming in family law in Mississippi…

Possible changes include;

Changing the age of majority from 21 to 19.

This change involves the time period a non-custodial parent would have to provide child support and certain other child related benefits. It could impact health insurance, extra curricular expenses and school expenses- unrelated to college. The vast majority of other states is 18 or 19 years of age- for age of majority.

Another change is adding a ground for divorce if your marriage is irretrievably broken.

Irretrievable breakdown means that the marriage is broken beyond repair, this quasi-no-fault ground tells a court that at least one spouse wants to end the marriage, which generally should be enough for a judge to grant a divorce.

This is a potentially significant change and would align Mississippi divorce law with 48 other states. This change would significantly streamline the current fault vs. consent requirements.

In June of 2021, the Mississippi Legislature established this task force to study Mississippi’s domestic relations laws and to develop recommendations to the Legislature and the Mississippi Supreme Court to recommend needed changes in MS Family Law.

Members of the task force included;

• Senate Judiciary A Chairman Brice Wiggins of Pascagoula and House Judicial A Chairman Angela Cockerham of Magnolia;
• Supreme Court Justice Kenneth Griffis of Ridgeland, Chancellor Troy Odom of Brandon and Chancellor Jennifer Schloegel of Gulfport, appointed by Supreme Court Chief Justice Mike Randolph;
• Court of Appeals Judge David Neil McCarty of Jackson, appointed by Court of Appeals Chief Judge Donna Barnes;
• attorneys Mark A. Chinn of Jackson, Donna S. Smith of Columbus, A. Regnal Blackledge of Collins and Diandra Hosey of Jackson, appointed by the Mississippi Bar;
• attorney guardians ad litem Melissa B. DiFatta of Pascagoula and Lee Ann Turner of Starkville, appointed by the Mississippi Bar;
• Division of Child Support Enforcement Senior Attorney J. Michael McCauley of Bay St. Louis, appointed by Mississippi Department of Human Services Executive Director Robert
G. Anderson;
• Professor Deborah Bell of Oxford, Senior Faculty in Service at the University of Mississippi School of Law, appointed by Dean Susan Duncan;
• Professor Shirley Kennedy of Jackson, Director of the Family and Children’s Law Center and Director of Child Advocacy Programs at Mississippi College School of Law, appointed by Dean Patricia Bennett.

Kudos to this fine group of lawyers, judges and academia for much needed changes in MS law.

Matthew Thompson is a family law and defense attorney in Mississippi and welcomes common sense changes in family law.

General Legal, Opinion

Who Can You Count On?

07/21/2021 BowTieLawyer Leave a comment

Woody, from Toy Story, was always someone Andy could count on.

However, Woody is fiction and so is the vast numbers of people you can count on.

Today’s post is not a pessimistic world view, but you can count on five people, maybe.

You can count on your parents, usually. You can count on your siblings, oftentimes. You can count on bestfriends, sometimes. You can count on professionals, reasonably speaking. You can count on your spouse, about half of the time. Anyone else? Don’t count on it.

That co-worker that said the orange shirt looked good on you told your other co-worker it looked like you worked at Orange Julius. That friend from the gym, isn’t so friendly behind your back. That acquaintance from tennis that always smiles, is not smiling when they’re recounting the latest bit of gossip, that they know is not true…

A wise man once said, “If you have no expectations of people, you will not be disappointed.”

Humans are imperfect creatures. We all mess up. Sometimes in big public ways that lend themselves to public scorn, sometimes in private, discreet manners that result in no harm, no foul. However, we all mess up. Remember that.

Matthew Thompson is a family law/civil defense attorney and often gives the advice- prepare for the worst, hope for the best, and you’ll usually end up somewhere in between.

Opinion

Parent Tip of the Day: Delete SnapChat and TikTok

12/07/2020 BowTieLawyer Leave a comment

Social Media makes it very easy to stay in touch and plugged in. Too easy…

Parenting has always been a hard, full-time job. With the availability of technology at our finger tips, it seemingly is getting harder.

One way to make it easier? Delete SnapChat and TikTok from your child’s device.

I agree the SnapChat filters are neat but the access/potential for trouble is too great. It is too easy for some random to connect and send a message or image. SnapChat creates a false sense of security with its auto-delete feature. With everyone having multiple devices and traveling in packs, this provides no real security.

TikTok, too. Some of the videos are cute, but many are not.

Delete the temptation. You’ll have one less thing to worry about and more time too.

Matthew Thompson is a parent and is expressing his personal opinion.

General Legal, Opinion, Uncategorized

Leadership: MS Style…

06/10/2020 BowTieLawyer Leave a comment

lead·er·ship

noun

the action of leading a group of people or an organization.

Mississippi is in the headlines again. This time due to MS being the last state in the country that has the Confederate battle flag in its state flag.

There is a growing push to change the flag to something that is more representative of MS today, as opposed to the late 1800s.

As usual, there are loud voices pro and con for any change.

However, there are meek voices in between. Our most prominent elected officials are not stating their view, but instead are saying let the people vote. This is not leadership.

We the people elected these persons as our representatives. Their job is to represent the will of the people and do what is best for MS.

While I am supportive of a change in the flag, I understand that others are not, however the task for elected officials is to do and promote what is best for all of Mississippi.

I have yet to have any answer to the question on “why keeping the current flag is best for MS?”

I’ve heard heritage vs. hate arguments. I’ve heard we already voted arguments. I’ve heard the slippery slope arguments of what’s next if it is changed, but what is deafening is any cogent, reasonable reason to maintain the current, indisputably divisive flag.

Leadership is the action of leading. It is time for our Leaders to have an opinion, back it up and do what they believe is best for all of Mississippi. Take a stand.

Matthew Thompson is a civil lawyer in Mississippi and expects elected officials to lead.

divorce, Irreconcilable differences, Marriage, Opinion

Somebody can always do it cheaper…is that better?

04/23/2020 BowTieLawyer Leave a comment

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Opinion

Mississippi Doctor Makes State, Nation Proud; How “One” Person can make a Difference…

04/09/2020 BowTieLawyer Leave a comment

Mississippi making national news is usually a very, very bad thing.

However, UMMC pediatric anesthesiologist, Dr. Charles Robertson has Mississippi in the spotlight for all of the right reasons.

Dr. Robertson spearheaded an effort to create the “absolute simplest ventilator we can build with parts available in any city, you don’t need specials tools to put together and can be done quickly as the need arises.” Clarion Ledger.

The “Robertson Ventilator” is made from a section of garden hose, lamp timer, electronic valve and various couplings. Each can be made for around $50.00 in parts and in 20-30 mintues.

While these are true emergency, last resort machines, with the COVID-19 pandemic and a potential shortage of ventilators, these could literally be life saving devices.

Dr. Robertson was featured on WLBT-3 with a live unveiling and demonstration of the Robertson Ventilator in action. Since the debut this device has been publicized by every major news service in the state, numerous out-of-state publications, and nationwide entities, including the USA Today and the CATO institute .

Dr. Robertson was also quick to point out that he did not build the current stock of approximately 170 units by himself. He had assistance from his colleagues, co-workers and others, pitching in as they were able to procure, prepare and produce the Robertson Ventilators.

Mississippi is actually world renowned for its medicinal pioneering. Dr. Robertson is the next in line following the Hippocratic Oath and serving the residents of the State of Mississippi.