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Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)
There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…
I have previously blogged on Annulment and the very limited circumstances that one may be requested. However, I recently had another Annulment scenario arise that is worth mentioning.
Mississippi has specific licensing requirements to get married. You have to have a licensed issued, you have to have a ceremony and cohabit. The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.
But, what happens when there is a failure of one of the (3) requirements?
Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together. Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.
But, what if there was no ceremony?
Failure to have a Ceremony is fatal. It does not matter if the license was issued. It doe not matter if you shacked up. If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married. A Ceremony, of some type, is required.
So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.
Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.
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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.
“But, I Pay Child Support!?!”
Child Support. The two most despised words in all of child custody related matters. Ok, maybe not the most despised, but it leads to more litigation than any other single issue.
I have previously written on Child Support in Mississippi. Today’s post is about what Child Support is really for and what it is not.
I have lost count of the times that a parent paying child support demanded to know how the monies are being spent and wanting to know just what the other parent is spending “their” money on. I have also heard when the receiving parent has requested additional monies the response is,”I paid my child support, you figure it out.”
Child Support is intended to go towards the child’s needs. Food, shelter, clothing and necessities. However, the statutory sums rarely equate to an amount sufficient for all of that.
Mississippi has the lowest amounts, percentage wise, in the Country. 14% for one child equals approximately $150.00 -$585.00 per month. By the time any rent or a mortgage is paid, it’s gone.
Child support may be used to pay the rent, groceries, gas, clothing, shoes, school expenses, medical, dental, utilities, activities, etc. It’s not limited to solely purchases just for the child and it’s not improper for the parent to spend it as they see fit, so long as it’s a benefit for the child.
The paying parent may well gripe. And, it may be a lot of money to you, but it’s usually not enough to pay for a child’s true expenses.
Matthew Thompson is Child Support lawyer in Mississippi.
Signs of Terrible Parenting
In case you are wondering, “Am I being a terrible parent?” Ask yourself these questions, if you answer yes, you may well be parenting terribly.
- Do you withhold financial support from your child?
- Do you discuss grown-up issues with your young child?
- Do you degrade the other parent to your child?
- Do you take the position Easter is not a “holiday”?
- Do you prevent your child from seeing the other parent?
A “Yes” to any of these does not require that you are a terrible parent, however your parenting as to that issue may be terrible. So, you ask, how do I not parent terribly?
- Pay your support- if you have the means go beyond.
- Do not discuss grown-up issues – the child does not need to know the details of the divorce.
- Do not criticize the other parent – I agree they deserve it, but the child does not.
- Easter is a holiday. It just is.
- Allow your child to see the other parent – exceptions for dangerous circumstances only.
Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.
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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.
Child Support, FaceBook and Poor Judgment = Rich Consequences
Pay your Child Support. It’s been said and blogged before, but a few payors have yet to get the message…
Newly Internet famous, John McCroy, reportedly paid his $100.00 per month child support only one time. He allegedly refused to pay because he died and could not afford it. Neither appears true. Above is the recent photo of himself with at least $100.00 and being alive.
Social media like FaceBook (also, don’t do this on FB) and other sites are now routinely reviewed in determining a potential party’s whereabouts, goings-on and can be used as a snap shot into their financial status.
I have personally prepared to use FaceBook photos of an ex, severely behind on their obligations, claiming they cannot afford it, but had numerous pictures of their new car and the recent vacation they just took to the beach. Certainly, there are circumstances where persons cannot afford their obligations when life gets in the way, but pictures of your new car and recent vacation are proof positive you are choosing to not pay your obligations.
Just like McCroy, it was proof they could meet the obligation, but chose not to. McCroy posted numerous photos and comments once his “story” broke. He noted that no one in the media has mentioned that his Baby’s Mama was keeping the child away from him. If true he should seek Contempt against her or specified visitation rights, it is not a basis to not pay your child support.
Matthew Thompson is a Child Support Lawyer in Mississippi and reminds you that as a parent you have a moral and legal obligation to pay Child Support.
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You may also contact Matthew with your family law case, question or concern at (601) 850-8000
Gun Myths Debunked
People make a lot of assumptions about guns. Most of them are wrong…
Mississippi has fairly straight forward gun laws.
Can I purchase a gun from a dealer?
Yes, if you are 18 or older for a long gun (ie: shotgun, rifle, muzzle loader)
or
Yes, if you are 21 or older for a hand gun (ie: pistol, revolver)
and
have not been convicted of domestic violence, a felony and have not been committed for alcohol or drugs, and are not under the influence at the time of purchase.
What about Possessing a Firearm?
Possession as opposed to purchasing has lesser restrictions. There is not minimum age for possession of a long gun. It’s not uncommon for 9-year-olds and up to have a shotgun for dove or duck hunting. It’s legal, and assuming proper supervision, safe. The law is a little more restrictive on a youngster possessing a handgun, but you can possess one if you are 18 or older, and if younger than 18 you may possess one for hunting purposes, at a shooting range or on private property with permission of the landowner.
Do I need a Permit or License?
No.
Do I have to Register my Firearm?
No.
What about Concealed Carry?
MS has recently adopted new laws concerning concealed carry vs. open carry and a license is required for Concealed Carry.
Where can I have this gun?
Your home, your business and your car and a lot of other places too, unless there is a Federal restriction against it, or if your local entity has the proper signage, unless of course you have the instructor certified endorsement (though the endorsement does not override Federal restrictions). Confused yet?
I would suggest you consult with your local law enforcement office if you have specific questions, though reading the law for yourself may prove more beneficial. Also, the laws are ever-changing. Confer with an attorney if you have any questions concerning the use, purchase or possession of a firearm in Mississippi before you have an issue.
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.
Should I Get a Gun?
Doing what I do I get asked a lot of questions. Family Law leads to a lot of weird situations, but one question that I get more than you’d think is
“Should I get a gun?”
Should I Get a Gun has a lot of moving parts as far as a question goes…
- Do you fear for your physical safety?
- Is that reasonable under the circumstances?
Fearing for physical safety requires more than the purchasing of a firearm. Upon a good faith belief of bodily harm you should be considering getting to a safe place, a Restraining Order, Law Enforcement Involvement and further Court action, in addition to a firearm.
- Do you know how to use a gun?
- Are you willing to educate yourself?
Training course are offered all the time now. Handgun, shotgun, self-defense, and home defense courses are all the rage. Take one or two or all of them. Even experienced gun users would benefit. Proper training, muscle memory, repetitive exercises will all aid in your confidence as well handling of a serious situation.
- Will you practice?
- You have to practice!
Practice, practice, practice. There are several ranges throughout the state. You have to shoot and need to shoot to be comfortable with your firearm.
- Safety. Safety. Safety.
Safety is the most critical aspect of owning and handling a firearm. Treating them all as loaded. Only aiming at intended targets. Keeping them safely and securely locked away from children and those that should not have access to a firearm is critical.
So, Should you get a Gun? Yes, if you are willing to educate, train, be safe and use it responsibly.
Matthew Thompson is a Mississippi Family Law attorney and encourages safe and responsible gun ownership.
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
How to Be a Reasonable Client.
On the heels of “Signs of an Unreasonable Client” comes the counter, so you know how to be a reasonable client.
- Listen to your Attorney. You hired them, now listen.
- Ask if you Don’t Understand. We can sometimes fall into the trap of speaking in legalese and assume you get it you aren’t indicating otherwise.
- Pay Your Bill. That is how attorneys make money and all attorneys are not as rich as they want you to think.
- If you Have an Issue with us, Let us Know. Don’t tell someone else about your concerns and not allow the attorney a chance to address it.
- Don’t Ignore your Attorney. One of the worst things you can do is go off the grid and not communicate.
- Don’t Text Incessantly. It’s great for “running 10 minutes late” or “the date is Aug. 4,” otherwise call or email.
- Don’t Email when a Call is Better. Somethings you just have to talk about.
- Don’t Abuse the Cell Phone. Do NOT abuse the cell phone.
Matthew Thompson is a Divorce Lawyer in Mississippi and encourages all clients to be reasonable.
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
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