Tag Archives: child support

Child Support, General Legal

When do YOU get to Keep the Ring?

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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.

Child Custody, Child Support, Crime, General Legal, Opinion

Prison for NOT Paying Child Support? YES

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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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Child Support, Divorce, General Legal, Opinion

Always Get a Receipt: Proof of Payment

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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 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

 

Child Custody, Child Support, Divorce, Modifications

Where Does Your Child Live? Child Custody

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

Child Custody, Child Support, Divorce, Irreconcilable differences, Marriage, Modifications

Family Law Practice Areas…defined.

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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

Child Support, Divorce, General Legal, Opinion

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

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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

Child Support, Divorce

5 Big Lies about Divorce; The Internet is WRONG.

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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 

Divorce

Contempt, Fine$ and Your Toothbrush; Disobeying Court Orders

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Contempt is the willful refusal to follow or abide by a valid Court Order.

Contempt is what the Court finds when you 1) do NOT DO what you have been Ordered to do, or when you 2) do what you have been Ordered NOT to DO.

The most common finding of Contempt is failure to pay child support.  A willful failure to pay child support usually leads to a finding of Contempt and if repeated can lead to very bad results.  It is the most common contempt ground leading to incarceration.  A finding of contempt can result in fines, the payment of the other side’s fees and possibly incarceration.

However, you can be in Contempt of any valid Court Order if you do not follow it.  This can include violating a No Contact Order– meaning you are to not have contact or communications with a certain person and if you do you may be held in contempt.

So you can be held in contempt for NOT doing what you should, ie: pay support or for doing what you should NOT, ie: contacting a person you are barred from contacting.

So, what do you do when there is a valid Court Order? Follow it to the letter.

What happens if you don’t?  Well, you better bring your toothbrush…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to NOT do things that can lead to your incarceration.

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