Bow Tie, Child Support, General Legal, Grandparent Visitation, Modifications, Opinion

Behind the Scenes; LawCall, TV, Radio & Speaking)

02/11/2013 BowTieLawyer Leave a comment

Recently I was invited to be on the TV show LawCall. I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.

LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively. The show features guests attorneys from across the state of Mississippi. Every show highlights usually an area law. The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.

This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies. I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar. I also routinely speak at CLEs (continuing legal education seminars) on Family Law. I really enjoy these opportunities to talk about what I do.

On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky. Ben and I discussed general family law topics prior to the show. I also met and spoke with the moderator/ TV facilitator Tamica Smith. Tamica is a pro. She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.

When I arrived, I received my instructions from Charley Jones and his wife Angela. They produce LawCall. I received an ear piece where I could hear the control room and the callers. We did a run down, which is just a practice run of the show. I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look. This was the toughest part for me. There were 3 cameras. The one to my right I was never to look at. When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera. It took some practice and just as I was getting the hang of it the show was over!

There were 4-5 callers with some really good questions. There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be. There was a question about Grandparent’s rights. Grandparents have rights guaranteed by law in Mississippi. A caller asked about whether his alimony obligations could be changed. Based on what he described he could seek to modify his obligations.

Behind the scenes. One of the newscasters had on jeans. You only saw him from the waist up on TV so it did not matter… It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top. It was only water in the coffee mugs. I got to keep the mug. Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning. How is that for marketing results!

Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements. If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”

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

Child Custody, Divorce

Guardian Ad Litems – Representing Children in Court

02/08/2013 BowTieLawyer 4 Comments

The Judge’s job in a custody/divorce case is to determine the best interests of the children when mom and dad are fighting. The Judge considers mom’s testimony and evidence as well as dad’s and even the children’s testimony (clickable). But there is also another implement in the tool box of information available to the Court, the Guardian Ad Litem (GAL).

A GAL is a person, usually a lawyer, appointed by the Court to take on one of two roles.

1) The first of these is to be an Attorney for the Children. To represent the child in the same capacity any attorney would represent a client, with the same duties, obligations and confidences that every attorney owes to each client. This role is fairly uncommon in custody/divorce actions.

2) The much more common role is that of Investigator for the Court. Judge’s routinely appoint an attorney to serve as the Court’s eyes and ears on the ground. Judge’s are limited to what they can hear.

They are limited by time constraints, objections, admissibility issues, and lawyer’s abilities. A GAL appointed by the Court as an Investigator has much more readily available access to information.

GALs interview mom, dad and the children.
They can interview teachers, doctors, counselors, friends, and coaches.
They can practically speak to anyone they think they need to.
A GAL can inspect the home where the children stay and can do so unannounced.
GALs can pay surprise visits.
GALs can access school records, medical records, counseling records.
GALs can request medical evaluations and even psychological evaluations.
GALs, by and large, can do what is necessary to get to the bottom of the issues in a case.

So why does every case NOT have a GAL?

1) They are only required in abuse/neglect cases, otherwise it is discretionary. The Court may not allow for a GAL.

2) It adds another layer of expense, another attorney to pay. The Court usually makes both parties pay.

3) It can create delay. The GAL may ask for more time to conduct the investigation and scheduling trial depends on another lawyer’s calendar.

4) The GAL may not believe you. They are human and may believe the other parent over you, plus you may be lying to them. It adds risk.

5) They may not do a good job.

GALs typically prepare a report that is provided to the Court and both lawyers. It recounts their efforts, interviews, documents reviewed and conclusions drawn. The GAL report also includes recommendations, usually. The Court is not required to follow the GAL recommendation.

Guardian Ad Litems can be a critically important tool available to the Court or parties in a contested custody battle, but the involvement of a GAL also has risks and expenses associated too. Talk to your lawyer if you have concerns about abuse/neglect and whether a GAL may help in your case.

Matthew Thompson is a family law attorney that has served as a GAL and has handled numerous cases involving GALs. He has seen the good, the bad and the ugly. He also conducts GAL training sessions at Continuing Legal Education Seminars for lawyers that want o become certified GALs; topics include conducting GAL Custody Evaluations, GAL Investigations, GAL Reports and Testifying.

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.

Appeal, Divorce, General Legal

How Appealing!

02/06/2013 BowTieLawyer 3 Comments

Appeals are a necessary evil in Family Law. The following is a brief description of appealing Chancery Court matters, that is, family law cases.

An appeal is a request that a higher Court review the decision of the lower Court. A lot of family law decisions are appealed, though very few are successful or result in a significant change.

A decision is appealable if it is a Final Order. A Final Order is one which decides all of the then pending issues and leaves nothing more for the Court to decide. A Temporary Order (clickable), for example, is not appealable. It is not a Final Order, though it could be subject to modification in certain exigent circumstances.

A Final Order, rather, is your Final Judgment of Divorce or other similar document. It decides on a permanent basis the outcome of your case.

How do you appeal it? In Chancery Court there are several options available. The first is filing what is called a Motion for New Trial*. This is filed in the same Court and must be filed within 10 days of the entry of the Final Order. This goes back in front of the same judge and is not merely a chance for a “second bite at the apple,” but rather is to point out significant errors of fact and/or law upon which the Judge relied, which resulted in the wrong decision. These are routinely denied. They are denied for several reasons and primarily because the Judge just decided the case and also because it requires the Court to “admit” to making a mistake. Usually the case is fresh on the Judge’s mind and the Judge felt that he or she did not make a mistake. I have seen these most commonly granted when there is a mathematical error; the child support was calculated wrong or the asset division contained a significant computation error. If the “error” is not something obvious these have a very low probability of success. (*There has been some debate over whether a Motion for New Trial is required to perfect an appeal. The most recent answer is that it is not required in family law matters, however it is a good idea to file one out of an abundance of caution. Please rely upon your attorney for making this decision.)

After the Motion for New Trial is denied you may file a Notice of Appeal. This is filed, again, with the Chancery Court and must be filed within 30 days of either the Final Judgment, or within 30 days of the ruling on the Motion for New Trial, whichever is later.

All appeals are sent to the Mississippi Supreme Court (MSSC). From there the MSSC gets to decide if they keep the case or assign it to the Court of Appeals (COA). The majority of the Family Law cases are assigned to the COA.

The Appeal process is deadline heavy. There are deadlines to file the appeal, to pay an estimate of preparing the transcript, to designate the record. After which, a briefing schedule is issued. The one appealing, the Appellant, has 40 days to file their brief and can get multiple extensions of 30, 20, and 10 days. The Appellee, the one responding to the appeal, then has 30 days to reply and can get extensions of 30, 20, and 10 days. The Appellant can then file a reply brief within 14 days, with up to one extension of 30 days. After all the briefs are submitted the Court may allow Oral Argument, if it is a case of first impression or complex, and the Court may not. Once the briefs are submitted the Court has 270 days to rule. They rule in a written Opinion that is handed down on either Tuesdays or Thursdays after 1:00 pm.

Even if you “win” you may not. Usually appeals are denied. When they are granted it usually results in the matter being remanded to the lower Court with instructions for the Judge to redo a certain part or reconsider certain facts or law. It does not guaranty a change in the outcome and you may end up back in front of the same Judge that ruled against you.

Appeals are long, costly, and even if you “win,” you may not “win.” Consult with an attorney experienced in handling appeals if you think there were significant errors made in your case.

Matthew Thompson is a family law attorney that has been involved in about 20 appeals.

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Divorce, General Legal, Modifications

Latin Lessons; Res Judicata

02/05/2013 BowTieLawyer Leave a comment

Today’s blog is about one of those Latin terms that lawyers and judges say and no one else really knows what it means, until today.

Res judicata, pronounced (Race Jude-ih-kah-tah), means the thing that has been decided or a matter already judged. It is usually used as a legal defense to a suit, wherein the Defendant, the person being sued, raises the defense and argues the Plaintiff, the person suing, cannot get the relief they are seeking because they previously sought and were granted relief, or previously sought and were denied relief or previously sought relief and should have included that claim at that time.

By way of example, this scenario may better explain Res judicata;

Mary sues Jim for divorce. As a part of the divorce Mary seeks the house and equitable distribution of the property, a fair division of the stuff. However, Mary does not seek alimony. The case is either settled or decided by the Chancellor. All issues raised by Mary are resolved. Upon settlement, or the Court’s ruling becoming final, the matter is closed. Mary then realizes her mistake and seeks alimony, either through a new action or through a modification. However, it is too late. That issue is Res judicata, even if Mary should have received alimony, even if the Court would have awarded it. It is barred because Mary could have brought it at the time of the divorce and should have, but did not for whatever reason.

It is important for parties involved in legal proceedings to know what their attorney is talking about and what those terms mean, some of them can really matter.

Matthew Thompson is a family law attorney that knows some Latin terms and does not mind explaining them to his clients, even 2 or 3 times. Trust the Bow Tie.

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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.

Child Custody, Divorce, Pets

Super Bowl Sunday; Super Strange Custody Fight

02/03/2013 BowTieLawyer Leave a comment

With the Super Bowl imminent it reminded me of a case I was involved in where there was a serious custody battle. The fight was not over the children, nor the house or the retirement accounts. The fight was over SEC Season Football Tickets! (certainly worth fighting for)

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The tickets were secured by one party who had been getting them for years, but were actually paid for by the other party. So, both felt they had a legitimate claim, additionally both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support.

The solution? Joint custody.

Each picked certain games that they would attend each year and on the ones that both wanted to attend they agreed to alternate even years and odd years to determine who got to go. Another interesting aside was that there were 2 tickets for each game. Who the guest would be was also an issue, as they obviously would not both go at the same time! Neither wanted the other to be able to take a bf/gf. The compromise was that the other ticket would be used by a family member, or a minor friend of the children. (Minor meaning under 21, not just small). The custody of the season tickets was one of the last issues to get resolved. It really did matter.

Matthew Thompson is a family law attorney that will handle your custody case, whether it be over Children, the House, Accounts, SEC Season Football Tickets or the Dog! Trust the Bow Tie.

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

Bow Tie, Opinion

The Bow Tie Changes Everything…

02/01/2013 BowTieLawyer Leave a comment

I have previously blogged on why I am the Bow Tie Lawyer and how I came to sport bow ties. I recently read an article about how beards change not only one’s appearance, but also how they are perceived and it made me realize the bow tie also changes not only the person that wears it, but also those that come into contact with the bow tie wearer.

How, you ask, can a mere bow tie change someone? A bow tie is just a narrow piece of cloth, placed around the neck and collar, tied into a bow, and usually worn on special occasion, also known as a dicky bow. Here are some beneficial changes;

Most people assume you did not tie it and are astounded to find out that you tied it yourself. They now see you in awe.
Most assume tying it is very difficult and because you can tie it you are very smart. They now see you as superior.
Strangers will speak to you and comment on the bow tie’s dashing good looks. They see you as a trend setter.
Fellow bow tie wearers give you an approving head nod. They see you as in the fraternity.
Elderly women think it’s very handsome. They see you as very handsome.

And, there are some not so beneficial changes;

A lot of people assume it’s a clip-on and never find out otherwise. They see you as an odd, old man wearing a clip-on bow tie.
A lot of people assume you are a nerd. They see you as a nerd.
Strangers will make comments to you and call you Bill Nye and not mean it in a flattering manner. Again, they see you as a nerd.
When you are used to wearing long neck ties and switch to bow ties the first several times you wear the bow tie you feel a little under dressed due to not being able to see your tie, other than in a mirror. You are startled when you see yourself the first several times.
Younger women think it’s very dorky. They see you as dorky.

The good news is that bow ties are coming back into the mainstream. So, hopefully, if you wear one enough bow ties will once again gain wide acceptance, minimizing the negatives.

Matthew Thompson is a family law attorney that wears bow ties. He is also the exception to the rule as all age groups think he and his bow ties are quite dashing and smart. Trust the Bow Tie.

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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.

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.