Go to the Fair!

MS State Fair, October 2012.

It’s the first weekend in October in Mississippi. The air is cool and crisp in the mornings. We are enjoying some of the best weather Mississippi has to offer and the Mississippi State Fair is in town for nearly two weeks!

Attending the fair is an annual tradition in our family. We go for food, fun and to see the “sights.” The Mississippi fair is as diverse a cross-section of MS as you can get; young and old, blue collar, white collar and no collar. Half of the fun is people watching.

Some great memories are of the “arm-band” nights and riding the rides, always being a little nervous that they could come flying apart and send your hurdling towards High Street. It never happened. It was also fun to watch the Hurricane, the Cyclone, or whatever the “natural disaster” named twisting ride was in action that year. Ever wondered what that hose is for nearby?

Enjoy some junk food, but not too much. Oh, and if you are wondering what is legal about this…Go to the Fair, don’t have an Affair!

**COMMON QUESTIONS REGARDING THE FAIR**

  • What are the ride ticket prices? 4 coupons = $5; 22 coupons – $25; 55 coupons – $60
  • When do they start charging at the gates? During the weekdays at 1:00. On weekends at 9:00 A.M. Saturdays and 10:00 A.M. Sundays.
  • Do you have to pay for parking? Yes, Parking on the MS State Fairgrounds is $5.00. Businesses outside the fairgrounds charge their own rates for parking and it not controlled by the Fair Commission
  • How much are arm bands? Arm band rates are different for each special. Please check our website for more information.
  • Can I bring a wagon for my children? Yes
  • What time are the concerts? Most concerts begin at 7:30 P.M.
  • Do I have to pay gate admission if I’m buying an armband? Yes, gate admission is not included in the cost of the armband
  • When do the rides begin? Please check the website for the times that the rides will begin each day.
** Please check the website at www.msfair.net for all information regarding the fair.

Know What is Going on in Your Case!

There have been countless times that I have spoken to a potential client (PC, not to be confused with a personal computer), that has been represented by another attorney, and the PC does not know what is happening in their own case.  This is unbelievable to me.  They do not know what was filed, they do not know if it has been set for trial, they do not know who the judge is.

A Family Law case is just about the most difficult thing that you do as an adult, short of a death of a close family member.  And in some instances Divorce can be worse because it’s the “death” of a marriage and you still have to co-exist with the other party.  At least if they were dead you wouldn’t have to deal with them.  Glib humor aside, Family Law is hard.

David Castillo Dominici/ freedigitalphotos.net

As a client you should know what has been filed; a Joint Complaint or a Fault based Complaint, you should know if you have Court coming up, and you should know who the Judge is.  Now, if you were told all of this and chose not to place this info into your permanent memory banks because you have confidence in your attorney and your goal is to get through today, that is ok.  But, if you don’t know the details because it has not been explained to you, it is time for a sit down and a heart to heart, seeing eye to eye with your attorney. (BTW, all attorneys have been guilty of this a time or two…)  Don’t be afraid to ask  who, what, when, where and why?  Their job is to answer those questions.

Now in defense of attorneys, sometimes we do explain things and they are misunderstood or are somewhat complex and a short explanation has to do for the meantime.  Persons going through Family Law situations can be highly emotional and sometimes it’s information overload.  In that circumstance you may choose NOT to explain everything or  ask that a family member or trusted friend attend with the client for an in-person meeting.   Sometimes the attorney is speaking pig-latin, a bad habit.

As a client, ask what is going on. Know what is going on.  It is the rest of your life.  (It may just be another case for the attorney.)

Changing your Court Papers; Custody vs. Visitation

Modification is the process that is used to change a Court Order.  We previously discussed how NOT to modify your papers here.

Below are the basics for the right way to modify your current Court Order.  Child Custody, Visitation and Child Support are always modifiable. However, each has a separate standard.  Each require that you prove something different…

1.  Child Custody is the most difficult to modify. The non-custodial parent, must demonstrate 1) a material change in circumstances,  2) adverse to the child, 3) in the home of the custodial parent.  In English, dad has to show that there has been a big change, harmful to the child and it was mom’s fault.  It does not matter how much better dad is doing.  It does not matter that he has a new job, making good money, and has remarried Mary Poppins.  The Standard concerns what is going on in mom’s house.

A material change could be bad grades, serious behavior problems, serious problems with mom or serious problem with mom’s new beau. Now, once you show the bad change, harmful to the child, and it’s mom’s fault, dad wins, right? No. That provides the Court the authority to go back through the Albright factors for the Court to determine which parent is in the best interest of the child.

2.  Child Support is modifiable upon a showing of  1) a material change in circumstances, unanticipated at the time of the Order and that either the 2) paying parent’s income has increased (or a non-voluntary decrease) in a meaningful capacity or that the 3) child’s reasonable needs and expenses have increased, or both an increase in income and needs.  It should be noted that Child Support is statutory, as noted here, and the paying parent’s responsibility to pay does not continue to increase, just because his/her income does.

3.   Visitation has the lowest standard to modify.  In order to modify visitation all one needs to do is demonstrate that the current schedule is not working.  This can be shown by showing that a party moved over several hours away making every other weekend unworkable or by showing that due to the child’s schedule, or a parent’s work schedule the visitation plan is not working.  This one is easier to pursue, but the outcome is not always predictable, so have a plan for what schedule will work if you are seeking to change it because of distance or a work schedule issue.

*Certain other aspects of Order’s can/may be modifiable as well; ie; alimony, other child benefits.

Matthew Thompson is a Mississippi Child Custody Attorney and reminds you to follow your papers.

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

img_3045

Divorce, Child Custody & Child Support, Alimony, Contempt, Modification, Youth Court, TPR/ Adoption and Appeals.

%d bloggers like this: