Tag Archives: child support

Divorce

“But, I Pay Child Support!?!”

Leave a comment

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.
imgres

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

1 Comment

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

3 Comments

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

img_6390

Child Support, Crime, Modifications, Opinion

Child Support, DHS and Why You Should Care; Pay Attention or You May Pay More!

Leave a comment

Child Support is the court ordered obligation the non-custodial parent pays the custodial parent for the necessary child related expenses. Usually Dad pays it directly to Mom in a divorce situation and in paternity cases it’s more often through DHS, the Department of Human Services-Child Support Enforcement Unit. (dah-duhn) (the Law and Order “sound” being referenced just now.)

ms-dhs

 

It is standard that if dad is delinquent on payments or mom seeks state benefits, opening a case with DHS will cause the monies to be redirected through DHS, and possibly a Withholding Order be issued against the payor.  The law provides that DHS can do this summarily upon application with minimal notice requirements and does not require a modification of your Court Order by the Court which originally ordered it.

This is kind of a big deal.  In plain English, this means that if mom says your late, DHS swings into action.  They send you a letter stating you are behind, threaten to suspend your license, send a Withholding Order to your work and assume guilt automatically.  This creates lots of hassle and headache when it’s not true.  Additionally, when it’s not true, it takes filing an action in Court to fix it, securing an Order.  There are usually no consequences for mom and she can do it again if she wants.

Well, DHS is stepping up their enforcement another notch. Mom can go in and just say, “I want him to pay through DHS.”  She does not have to allege any delinquency, she does not have to apply for other state benefits.  She pays $25, opens a case and dad is notified that from that point he is to pay directly to and through DHS.  If dad does not pay directly, DHS will pursue contempt and arrearage against him.   And DHS considers the letter, which dad may or may not have even received, as sufficient and reasonable notice to dad and treats dad’s continued payments to mom as “gifts.” All of this without formal Court involvement and in my view far short of “due process,” but nonetheless valid as of now. MCA 43-19-35, et seq.

So if you are paying child support directly and get something from DHS, DO NOT IGNORE IT.  It could have serious implications on who and what you pay.  Notify your attorney immediately.  If you are receiving child support and are having issues with the payor, consider having it redirected through DHS.  It is a much less expensive alternative to a private attorney when that deadbeat ain’t paying.

Whether you like the DHS process or not it is being enforced force and taking effect.

Matthew Thompson, a Child Support Lawyer and Family Law Adj. Professor at MC Law, encourages you to know your rights and obligations when it comes to Child Support. Pay your Support and Pay it Often!

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou 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, General Legal, Modifications, Visitation

Riding the Wave – “Coping” with Family, Law and Family Law

Leave a comment

One of the best pieces of advice is to “ride the wave.”  In family law, such as life, adversity is a given. How you respond is the key.

How you choose to deal with that adversity will directly contribute to the results you get.  Oftentimes it is a common reaction to fight fire with fire, and we all know the eye for an eye sentiment, but that may not be the best response.  I have previously blogged on dealing with stress and uncertainty.  This one is a little different. It is not so much how to cope, but to try to use the adversity to your advantage.

A great example was when I was faced with a young father being sued for an increase in child support.  He had experienced an increase in  income and was really starting to enjoy life.  The ex sued him and he viewed this as ‘just his luck.’  I explained that she may be entitled to a child support increase, that he was paying a very low amount from a previous order, that some time had passed since last being in Court and that an increase was due.  As I discussed his situation he disclosed some frustration with the visitation schedule. How his new job, while paying well made the current schedule difficult to work  and the ex was not too easy to get along with.  I told him that since we are “going to court” that we should seek a visitation modification.  He did not want to make things worse. I told him it would not. Ultimately, an increase in support was negotiated along with a visitation schedule change that allowed him more time.

He rode the wave, sure it cost more money, but that is what the law requires once you subject yourself to the Court system.  He used the adversity to get a better result.

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.

black-bow

Child Support, Divorce, General Legal, Modifications

Change, Change, Change…Change of Child Support

2 Comments

I have previously blogged on the Mississippi Legislature, a.k.a. “the hissing possums” thanks to SNL, possibly taking action on proposed Child Support changes.  One such change was passed and will be in effect as of July 2013.

Senate Bill 2338 sought to increase the income levels that the child support guidelines are applied.  Child Support is a statutory amount on income. (Child Support, What you Owe).  If your income was between $5k -$50k per year, Adjusted Gross Income (AGI), the guidelines applied and the Court computed what you owed.  The new law increased the income range to $10k-$100k per year, AGI, for the Court to base Child Support. MCA 43-19-101(e)

Currently, if you make $50k per year support for one child would be around $585.  This figure is 14% of $50k.  From there the Court could skew it upwards based on the needs of the child or if you made higher income, if appropriate.  So, your obligation could range from $585 -$1,200 per month, give or take, depending on your AGI income.  The law change makes the 14% apply directly to all sums over $50k up to $100k.  So, support on $100k AGI would be $1,166.00 per month.  As stated prior, this change likely just keeps higher wage-earner’s support in line with what they are already paying and is not a substantial change, as the Court could always deviate upward, or downward, if warranted.

I think the “possums” got it right and this change, while in practical effect is not too significant, does address in some respects the low rates nationally that MS is known for.  H/T to Judge Primeaux’s blog, 12th Chancery Court District of MS.

Matthew Thompson is a family law attorney in Mississippi and reminds you to pay your child support and pay it often.

Follow the blog: BowTieLawyer 

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

img_6390

Child Support, General Legal, Modifications, Opinion

Mississippi Legislature Considering Tweak to Child Support

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.

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@wmtlawfirm.com.

 

Child Custody, Child Support, Divorce, Irreconcilable differences, Opinion

From No Fault to Yo’ Fault

Leave a comment

The clever title to this blog was proposed by an attorney friend of mine that handles some family law matters, but practices extensively in other areas of law.

We were recently discussing how “No Fault” cases get derailed.  While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce.  (commonly referred to as “No Fault,” blogged prior.)

We were discussing what gets them off track.  The parties, after getting over the initial shock of divorce, decide they will be adults and agree.  They think they can agree to the divorce and resolve their differences.   After all, they did manage to get along for 9 years, have two kids and bought a house.  What could go wrong?   Perhaps they searched online and looked at divorceyourself.com.  A very risky idea!

Well, the old adage that the devil is in the details is never truer than in divorce.  The No Fault idea gets derailed when the fellow realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. Yikes!  He realizes it’s cheaper to keep her.  (sorry for the cliché)  The wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21, not 18 in Mississippi.  They don’t know the types of custody, or what that means.  They agree to things that they cannot legally agree  to and fail to consider the consequences.  They agree to “legal terms” that do not exist in Mississippi law, because they saw it online.  And lastly, one of them is finally convinced to see an attorney by a close friend or family member and when they do and realize the consequences of what they were about to do and back out, the other side becomes angry and backs out too.  All of a sudden an easy deal becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault?  Do your homework, have an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s.  Trust the Bow Tie.

Follow the blog: BowTieLawyer

 img_6390