Child Custody, Divorce, Marriage, Opinion

You CAN Pick Your Judge! Rankin Chancery & Madison Chancery

10/30/2015 BowTieLawyer 2 Comments

Tuesday, November 3, 2015, is election day.

There are a myriad of candidate seats, but this post concerns the local Family Law Judge races.

Madison, Leake, Holmes and Yazoo Counties.

Two candidates are vying for this seat.

The front-runner for this seat is James Walker. Walker has the backing of the majority of Family Law and Chancery practitioners in the district. Walker has also worked the beat for this seat. Walker has been at almost every festival, civic event, meet and greet and ribbon cutting in all four counties. If you do not know about this candidate, who he is and what he stands for at this point, it is not for his lack of effort. Walker is the current Family Master for the District; hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer, former staff attorney for DHS and has his own private Chancery practice law firm.

Pearlene Jones

Attorney, Pearlene Jones is the other candidate that has qualified to run. She is a resident of Lexington, in Holmes County. She formerly served as the County Prosecutor for Holmes County, a part-time, elected position.

Attorney Jones has been at events local to Holmes County, but I am unaware of any significant campaigning in the other counties.

James Walker will hands-down be elected to this post.

Rankin County

Rankin Counties race will be closer. There are 4 really good candidates for one spot.

#1 Haydn Roberts

I think Roberts is the front-runner due to having previously served as the Staff Attorney in Rankin County for Judges Grant and Fairly for the past eight years. He has been involved “in over 10,000 cases. Roberts is also serving as the Family Master. The Family Master is a part-time Judge hearing Emergency Petitions, Temporary Hearings and DHS matters.

Prentiss M. Grant

Prentiss Grant “has lived and built his law practice in Rankin County for the past twenty-six years. Prentiss’ law practice is concentrated in family law, and eighty percent of his cases are tried in Rankin Chancery Court.”

Rusty Williard

Rusty Williard has “spent 30 years trying Chancery cases and 15 years [in] Rankin County.” Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate.

James (Jim) M. Nix

Jim Nix, who I affectionately referred to as the ghost, has come on strong. He is running a “grass roots” campaign and not accepting any campaign contributions. “He has over 35 years experience in Chancery Law, is not a part of the Rankin County Power Group.” I called him the ghost because at qualifying time he was a relative “unknown” candidate. Since that time i have educated myself and I like Jim Nix.

For that matter, I like all 4 candidates. Rankin County would be well served by any of the candidates, but only one will win. I predict the necessity of a run-off. I think it will be between Roberts and Grant, but I think it will be a close race.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages all citizens to vote on Tuesday, November 3, 2015.

*Thompson Law Firm has contributed to the James Walker campaign and was on the Host Committee for a Meet and Greet for the Candidate.

Divorce, General Legal, Opinion

How to Contact Your Attorney.

10/28/2015 BowTieLawyer Leave a comment

With technology today we expect instant access. However, it is not always practical.

Emails, texts, Instant Messenger, FaceBook Messenger, office phone, cell phone, letter, fax, carrier pigeon or smoke signals are the myriad of ways you have to contact an attorney, but all are not equal and all are not best.

Office phone, during business hours is the best way. It is usually staffed, usually answered and usually responded to if a message is left. If a reasonable period of time has elapsed call again.
Office email. Likely will get a canned response to call the office number and the heads up to the receptionist/call screener to be expecting the call.
Cell phone. You’ve called the office, you’ve emailed and need to get a warm body. If you have a cell call it. Leave a message and a return number and a good time to call back. Most attorneys guard their cell number like Fort Knox. Mine is on my business card.
Other Methods. The last option is the other ways to contact. These means are not secure. FB messenger does not ensure confidentiality.

Matthew Thompson is a Family Law Attorney and is awaiting your call. (601) 850-8000

Divorce, General Legal, Marriage, Opinion

What NOT to bring to the Attorney’s Office…

10/26/2015 BowTieLawyer 1 Comment

The initial appointment with the lawyer is always nerve-wracking.

You should be prepared and be on time. Bring financial records, receipts, tax returns, screen shots of texts, phone records, and recordings. Bring yourself, perhaps a trusted friend or family member, a form of payment and even an internet-provided checklist of what to ask the attorney.

However, unless requested otherwise, do not bring….

Do not bring your Child. It’s not appropriate.
Do not bring your Spouse.
Do not bring 5 banker’s boxes of information. It’s too much.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not bring these things to you first appointment.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Marriage, Opinion

When is Perjury allowed?!?

10/23/2015 BowTieLawyer Leave a comment

I hear this often. “I don’t lie to my kids.”

This is said shortly after one party disclosed the dirty details to the child regarding the other parent. Followed by the statement, “they have the right to know.”

They do not have the Right nor need to Know.
This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?” My response? “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.” This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds. You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

alienation, Crime, Divorce

Alienation of Affection; Sued for Sex…

10/22/2015 BowTieLawyer Leave a comment

Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

Alienation of Affection (AOA) is a separate claim, known as a common law tort. A tort is a civil wrong, as opposed to a criminal wrong. AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage. There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection. All 3 must be present for a viable claim. There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages. It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here? Just because you are not married does not mean you are free to have an affair. You will be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued. And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

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Visit the website: Thompson Law Firm

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

Divorce, General Legal, Opinion

When “NO FAULT” becomes “YO’ FAULT”

10/21/2015 BowTieLawyer 2 Comments

While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce. (commonly referred to as “No Fault”)

However, sometimes that agreement to a No Fault divorce doesn’t stick. The parties, after getting over the initial shock of divorce, decide they will be adults and agree. They think they can agree to the divorce and resolve their differences. After all, they did manage to get along for most of 9 years, have two kids and bought a house. What could go wrong? They even searched online and looked at divorceyourself.com.

The No Fault agreement gets derailed when the Husband realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. He realizes it’s a lot of money. The Wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21 in Mississippi. They don’t know the types of custody, or what each type means. They agree to things that they cannot legally agree to and fail to consider the consequences.

Finally, one party is convinced to see an attorney and when they do they realize the consequences of what they were about to agree to and back out, the other side becomes angry and un-agrees too. All of a sudden a simple divorce becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault? H ave an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s fault.

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Divorce, General Legal, Opinion

The Hardest Advice to Take is…

10/14/2015 BowTieLawyer Leave a comment

I give advice everyday. Actually, I sell advice.

Routinely, what I tell people is common sense. It’s the same advice your wise parent or grandparent would give you, but often it’s hard advice to follow.

I’ve counseled persons to stop doing things that are harmful to themselves and their case. Don’t hang out with the shady crowd. Stop using alcohol if you have alcohol problems. Start going to church or stop doing things you shouldn’t be doing. I tell people what they don’t want to hear.

The hardest advice to take is to stop doing whatever lead to the circumstance where you needed legal help.

www.bowtielawyer.ms

Child Support, Divorce

5 Big Lies about Divorce; The Internet is WRONG.

10/07/2015 BowTieLawyer Leave a comment

There is a lot of misinformation out there about Divorce. Online searches are no true replacement to good legal advice.

A cursory search of the internet revealed these commonly accepted pieces of internet advice that are dead wrong…

Child Support. One site discusses the Income Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses the Obligor Model and child support is based primarily upon the income of the non-custodial parent’s adjusted gross income.

Alimony. That trusted brand Wikipedia includes that Alimony, in Mississippi is “usually awarded for life.” While permanent alimony is possible it is still subject to modification and termination well prior to death and saying it is “usually” awarded is wrong. Read more about Mississippi Alimony here.

“No Fault Divorce”. Common lore has perpetuated the belief Mississippi has “no fault” divorce. Mississippi does not have “no fault” divorce. Mississippi has Irreconcilable Differences. There is a significant difference.

Timing of Divorce. For an Irreconcilable Difference Divorce there is a minimum 60 day waiting period. It does not mean that you are divorced on day 61. It means that you may present the papers for Court approval after 60 days have passed. Routinely sites say you will be divorced in 30-90 days. It will never be less than 60 for an Irreconcilable Differences Divorce and if it is Fault based it can take much longer.

Cost of Divorce. No website can do this justice. I saw one that listed the filing fees and fee for service by publication as the “costs” of a divorce, and a that an attorney may be additional monies. The posted filing fees were wrong and those come nowhere close to what a divorce could cost. A competent attorney can tell you the likely costs.

Matthew Thompson is a Divorce Attorney in Mississippi and if you find yourself needing the answers to any of these above issues, please go see an experienced attorney that handles Family Law in Mississippi.

Follow the blog:#BowTieLawyer You may also contact Matthew with your family law matter or question at (601) 850-8000