Tag Archives: child support

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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Divorce

“But, I Pay Child Support!?!”

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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.
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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.

Child Support, Crime, General Legal

Child Support, FaceBook and Poor Judgment = Rich Consequences

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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.

Follow the blog: BowTieLawyer 

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

alienation, Child Custody, Child Support

Don’t be a Rotten Parent

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Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.
2. corrupt or morally offensive.
3. wretchedly bad, unpleasant, or unsatisfactory; 
miserable: a rotten piece of work; a rotten day at the office.
4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness.  Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

  1. Bad mouthing the other parent to the child.
  2. Bad mouthing the child.
  3. Being unreasonable in your demands to spend time with the child.
  4. Being unreasonable in the other parent’s requests for additional time.
  5. Unreasonably interfering with the child’s schedule.
  6. Creating an unreasonable schedule for the child to interfere with the other parent’s time.
  7. Making false abuse allegations.
  8. Perpetrating abuse against the child and/other parent.
  9. Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent?  You keep doing the right things. Every time. It’s what is best for your child.  And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

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

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