Tag Archives: child support

TN Law Makes DUI Driver of Fatal Wreck Pay Child Support

Ethan’s, Hailey’s, and Bentley’s Law1 requires a sentencing court to order a defendant who has been convicted of vehicular homicide due to intoxication, and in which the victim of the offense was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school.

Cecilia Williams , grandmother of, Bentley Williams, 5, and Mason Williams, 3, is raising her grandchildren after their parents were killed April 13, 2021, in a drunk-driving accident in Missouri.

Since her family members’ deaths, Williams has worked to get legislation called Bentley’s Law passed in Tennessee and several other states, including attempts in Missouri, that requires those convicted of driving while intoxicated to pay compensation to families affected by a drunk-driving death.

Tennessee Gov. Bill Lee signed the bill on May 25, 2022.

Along with Tennessee, Bentley’s Law has also been introduced in Missouri, Louisiana, Ohio, Pennsylvania, Virginia, Illinois, Alabama, South Carolina and Oklahoma. Vermont, Massachusetts, Hawaii, Kansas, Arkansas, Delaware, Wisconsin, Arizona, California, Colorado, Florida, Indiana, Michigan, Texas and Utah have stated plans to introduce similar laws during 2023 sessions.

David G. Thurby, 26, of Fenton, TN was charged and convicted of three counts of involuntary manslaughter in connection with the fatal accident in Byrnes Mill, Missouri.

After the fatal accident on April 13, 2021, Thurby was arrested and told a Missouri State Highway Patrol trooper that before the crash, he had seven shots of Crown and water, and a preliminary breath test showed Thurby’s blood-alcohol content was .192 percent, more than twice the legal limit, according to the probable-cause statement in the case.

A jury found Thurby guilty following a trial in front of Jefferson County Circuit Judge Victor Melenbrink.

In March, Judge Melenbrink sentenced Thurby to four years in prison on each of the three counts. Two of the counts are to be served consecutively with the other to be served concurrently, meaning Thurby is to serve eight years in prison.

Williams has set up a Facebook group called “Bentley’s Law” to share updates about the law’s progress in each state.

Matthew Thompson is Child Support lawyer in Mississippi and supports a law such as this in Mississippi.

  1. The law is named after children whose parents were killed in crashes caused by drunk drivers.

How Do I Recover Back CHild Support?

Below is a short clip from my most recent appearance on Law Call with Rocky Wilkins of Morgan & Morgan. The caller wanted to know about recovering unpaid child support and her facts allowed for a few more opportunities to educate the public on Mississippi Law.

Matthew Thompson is a Child Custody and Child Support Lawyer in Mississippi and reminds you that in Family Law, you can never go wrong if you do what is Right!

(601)850-8000 Matthew@bowtielawyer.ms

When do YOU get to Keep the Ring?

I have written about when you do NOT get to keep the ring. The Mississippi Supreme Court has affirmed a time when you do…

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In the case of Cummins v. Goolsby, the Mississippi Supreme Court affirmed the “fiancee”  keeping the ring even though the parties did not get married. However, there was a catch.  The groom-to-be was married to another at the time of the engagement!

In fact at the time of the appeal, the groom-to-be was still married. The Court’s rationale was that conditioning a gift on marriage when one cannot lawfully marry violates public policy and constitutes unclean hands. Thus, the chancellor did not err when awarding the ring to the now “ex-fiancee.”

Also, the Court ruled that the groom-to-be now father, was not entitled to a credit of the value of the ring against child support owed for the child he had with his “ex-fiancee.”

There are several lessons to be learned from this case…

Matthew Thompson is a child custody and matrimonial lawyer in Mississippi.

Prison for NOT Paying Child Support? YES

You have seen the recent news about a local man being arrested and jailed for his refusal to pay Court Ordered Child Support. Now, this is only done after one is initially ordered to pay, doesn’t pay, then is formally requested to pay, given notice, given an opportunity to pay or prove their inability to pay with specificity, and then and only then, jailed as a last resort. In these circumstances, knowing the layers of review, the opportunities afforded by the Court and the fact that everyone had a lawyer (actually multiple lawyers), my sympathy is nil. This is Contempt of Court and ultimately the wrong-doer has the keys to the jail.  All you have to do is pay what you owe and you are free to go.

However, if you still don’t pay, your troubles can multiply.

TITLE 97.  CRIMES  
CHAPTER 5.  OFFENSES AFFECTING CHILDREN
Miss. Code Ann. § 97-5-3  (2016)
§ 97-5-3. Desertion or nonsupport of child under age eighteen
Any parent who shall desert or wilfully neglect or refuse to provide for the support and maintenance of his or her…children…while said…children are under the age of eighteen (18) years shall be guilty of a felony and, on conviction thereof, shall be punished for a first offense by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Five Hundred Dollars ($ 500.00), or by commitment to the custody of the Department of Corrections not more than five (5) years, or both; and for a second or subsequent offense, by a fine of not less than One Thousand Dollars ($ 1,000.00) nor more than Ten Thousand Dollars ($ 10,000.00), or by commitment to the custody of the Department of Corrections not less than two (2) years nor more than five (5) years, or both, in the discretion of the court.
Prison for not paying child support? Yes. It’s the law.
Matthew Thompson is a Child Custody and Child Support Attorney in Mississippi.
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Always Get a Receipt: Proof of Payment

Cash is King, but only when you can prove you paid it!

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When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.

“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.

Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.

Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt. 

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000  or Matthew@bowtielawyer.ms

 

Where Does Your Child Live? Child Custody

“I have Joint Custody.”

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I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.

There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.

Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on.  It is commonly Joint Legal Custody, but this has no bearing on the schedule.

Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.

Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”

Matthew Thompson is a Mississippi Child Custody attorney.

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

Family Law Practice Areas…defined.

Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case.  Here are a few of the major areas of family law, the simple explanations and links to more information.

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Stuart Miles /freedigital photos.net

  • Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”

Fault Process and “No-Fault” process.

  • Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
  • Child Support– who pays, how much and for what.

Additional practice areas will be featured and defined throughout the year.

Matthew Thompson is a family law  attorney  and handles a variety of family law legal matters.

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

The #1 Way to Make Things Better? STOP making the same bad decisions…

Albert Einstein is credited with saying that Insanity is “doing the same thing over and over again and expecting different results.

Whether he said it or not, the premise holds true in family law. If you keep making the same bad decisions you will continue to get the same bad results.

Illegal substance use or alcohol abuse, not paying your Court-Ordered obligations, and ignoring legal proceedings all lead to more trouble, more expenses and bad results.

So what can you do? STOP.

Stop using illegal drugs. Stop drinking alcohol. Get help. It’s out there and worth it. Start paying your Court-Ordered support. At least pay something. Stop ignoring your lawyer. Stop ignoring the legal process. Judges love a comeback story.

Matthew Thompson is a Mississippi Divorce Attorney and advises you to stop making bad decisions.

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