Child Support, General Legal, Modifications, Opinion

Mississippi Legislature Considering Tweak to Child Support

01/31/2013 BowTieLawyer 3 Comments

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.

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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

01/28/2013 BowTieLawyer 3 Comments

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.

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Child Custody, Divorce, General Legal

Secret Spy (Hiring a Private Eye)

01/25/2013 BowTieLawyer 1 Comment

One of the perks of being a divorce attorney is you get to be acquainted with a number of other people who have really cool jobs. This post is about Private Investigators (PIs), when to use them and what they need from you.

I have previously posted of some of the potential warning signs of an affair. (click here) If you have suspicions that your spouse may be having an affair it may be wise to hire a PI. A PI can follow your spouse, take pictures, document their whereabouts and identify third persons that your spouse may be with. In addition to adultery situations, PIs may also be useful in locating hard-to-find persons/witnesses and even completing service of process. A PI can also play a role in custody cases in documenting the other parent’s living conditions, if a third-party is sleeping over and the other parent’s comings and goings.

PIs have come a long way from hiding in the bushes snapping pictures, though it still happens. There are hi-tech means of surveillance, GPS tracking abilities and computer forensics which can discover that nothing is truly deleted!

Here’s a starter list to provide a PI in the event you choose to hire one.

Pictures of who they are to follow.
Pictures and tag # of the car(s) they are to follow.
Where that person works and normal office hours.
Where that person hangs out, works out and/or chills out.
The usual routine; ie: on Wednesdays he always goes to Buffalo Wild Wings.
Address of the home and anywhere else the person may be staying.
List of suspected paramour(s).
Any and all information you have about paramour(s).
Your usual routine, too. Knowing this the PI may be able to catch you-know-who where they should not be when you are at the Wednesday evening service.

Talk to the PI about fees. These are not covered in attorney fees. PIs usually charge a retainer and bill by the hour and for mileage. Be careful about having your spouse followed to New Orleans, it may not be worth it if you don’t get the goods. Also, make sure the PI generates a report, pictures and will testify in Court, if necessary.

The use of a PI is discoverable in litigation, which means if you use one and are asked about it you will have to disclose it. Stay tuned for a blog about what to do if you think you are being followed.

Matthew Thompson is a family law attorney that leaves the private investigation to the PIs, but does review the pictures and videos from the investigations, as it is required by his job!

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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

Red Flag Representation

01/23/2013 BowTieLawyer 4 Comments

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.

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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, Opinion

It’s So Cold…

Image 01/17/2013 BowTieLawyer Leave a comment

How cold is it?

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

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.

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

General Legal, Opinion

10 Annoying Client Traits

01/15/2013 BowTieLawyer 4 Comments

I recently wrote of 10 Annoying Attorney Traits. I only listed 10 of them, though there could have easily been 100+. A colleague suggested I write about Annoying Client Traits. I agreed to do it. Disclaimer: This applies to none of my past, present and/or future clients. Any resemblance to you is purely coincidental.

10. Calling at the Last Minute. You have a trial tomorrow?! You have had the papers for months, were served and ignored the other attorney’s calls and letters for weeks. Then you are upset with the attorney because we cannot get involved…
9. Petty Cases. You want to sue your neighbor because some leaves blew on your side of the fence, or in the family arena, because he was 5 minutes late for visitation drop-off. The Court does not want to hear it unless it matters.
8. Expecting Something for Nothing. I get multiple calls a month where the potential clients say they “don’t got no money, but…don’t you attorneys have to take some cases Pro Bono…” All Mississippi attorneys donate at least 20 hours per year on Pro Bono cases, or pay $200 dollars to the Mississippi Bar. Just because you don’t want to pay doesn’t mean your case is Pro Bono.
7. Declaring War. Okay, so you have a serious case. It does not mean that the right move is to put on your helmet, arm yourself and put on war paint. Listen to your attorney. Sometimes resolving your differences or settling your case is a better long-term outcome.
6. Suing for the Principal. Your case just got 3 times more expensive. Moral victories do not taste sweet. Suing on principal costs you lots of money, gets you in a quagmire and it may not end up the way you were hoping.
5. Not Taking Our Advice. You paid us to tell you what to do. Don’t follow at your own peril.
4. Weekend Calls About Non-Emergencies. Emergencies happen. We are paid to deal with them. However, it is not an emergency because your friend’s cousin in Toledo just settled their case without an attorney and you were wondering why we did not tell you about the Toledo case. What? Are you okay? Yes. Call me Monday.
3. Not Responding to Your Attorney. Attorneys get a bad rap for not returning calls. Well, clients don’t return calls either. We cannot effectively represent you if we cannot speak to you when needed. Please do not avoid calls.
2. Not Paying. You hired a lawyer. In most instances you caused the mess you are in or at least contributed to it. You agreed to the fees. Pay your bills. Not all lawyers are stinking rich.
1. Lying. Why on Earth would you lie to your attorney? We are so immune to judging you based on whatever it is that you did due to the fact that everyone else did it too. They just did not get caught. Tell the truth, the whole truth and nothing but the truth…to your attorney.

Matthew is a family law attorney and when he gets calls on the weekends, for non-emergency “emergencies” it goes something like this…

Client: Matthew, I hate to call on the weekend, but…

Attorney: Are you safe, are your kids safe, are you in jail, are your kids in jail…?

Client: What? No, we’re all fine. My Cousin’s friend in Toledo…

Attorney: Call me on Monday.

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

Marriage

Common Law Marriage is NOT so Common.

01/14/2013 BowTieLawyer 1 Comment

You live with someone for seven years, holding yourselves out as Mr. and Mrs., makes it legal, right? No. What about 10 years, 20 years? Nope.

In 1956 the Mississippi legislature ended Common Law Marriage in Mississippi, or at least NEW Common Law Marriages within the State. Mississippi Code § 93-1-15 was passed that required a License and solemnization for a valid marriage.

(1) No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license … and …shall have been performed …solemniz[ation]. Failure in any case to comply with both prerequisites …shall render the purported marriage absolutely void and any children born as a result thereof illegitimate.

(2) Nothing contained in this section shall be construed to affect the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956.

Now if your Common Law Marriage was valid prior to 1956 in Mississippi and you and the Mrs. are still alive and together, then your marriage is valid. Interestingly, if you have a valid Common Law Marriage from another state Mississippi will also recognize that. 16 states still recognize Common Law Marriage according to Find Law and in the 1980’s Mississippi recognized a Common Law Marriage of a couple from Georgia. They eventually relocated to Mississippi and the wife sought and was granted a divorce. George v. George, 389 So.2d 1389 (Miss. 1980).

Don’t count on a Common Law Marriage for marital purposes, and don’t believe your “spouse” if they tell you you’re married and you have not followed the State licensure requirements.

Matthew is a family law attorney and was married using the post 1956 Mississippi methods.

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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

General Legal, Opinion

10 Annoying Attorney Traits

01/10/2013 BowTieLawyer 2 Comments

My inspiration was a recent blog with a similar topic of the 10 most annoying type of persons. It had some salty language so I did not re-post, but it got me thinking about things that lawyers do that are annoying. Here are just 10 of them.

10. Use Legalese. Sometimes there is not a plain English equivalent term, but come on. Please don’t constantly say whereby, wherefore, use Latin terms, or over use allegedly.

9. Always Angry. Yes, you have a law degree, but that doesn’t give you a license to be jerk. Perhaps there is a time and place for being a jerk, but it’s not often.

8. Don’t Return Calls. Your time is valuable, we know. If you get a call return it in a timely manner. Things happen, you forget, you get busy, you’re writing a new blog post…Return the call.

7. Blaming the Paralegal. So every mistake or miscue at your office is someone else’s fault? Well, you hired them. Take responsibility for your action or inaction.

6. Cause Delay. Attorneys have a unique and uncanny ability to make things take immensely longer than they should. Is it because they are paid more if it takes longer? Billable hours, Hmmmm.

5. Take on too Much. This attorney is always on the go, juggling balls in the air, having 2 court appearance in the same day and it makes you exhausted just to speak to them…if they call you back.

4. Take on Things They Should Not. This attorney tries to be a jack of all trades and master of none. If you can do it great. If you don’t know what to do, pass on taking the representation.

3. Always Late. This attorney is always rushing, but not getting anywhere on time. There is always an excuse and they figure the judge will be late anyway.

2. Constantly Curse. This one is dropping curse words in every conversation. Most are inappropriate and crude , but hell…

1. Know it All. They have an answer for everything. Why you are wrong, why they are right. There is no compromise unless it’s on their terms. They are exhausting to speak to.

What do attorneys do that annoys you? Leave a comment, but don’t say “wear a bow tie.”

Matthew is a family law attorney and native Mississippian who tries NOT to be an annoying attorney, though he has on occasion exhibited some of the traits above. (3 this week!)

Follow his blog: BowTieLawyer Visit his website: Thompson Law Firm, pllc

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