MS Poole http://www.mspoole.com MS Poole Mon, 21 Oct 2019 18:14:21 +0000 en hourly 1 https://wordpress.org/?v=5.2.4 Mom Has the Advantage with the Young Ones /mom-has-the-advantage-with-the-young-ones/ Mon, 21 Oct 2019 18:14:16 +0000 /?p=1463 Laws in Mississippi have certainly changed since the passage of Albright v. Albright (it is on our home page), but the reality is that mom almost always has a slight advantage when it comes to obtaining primary physical custody of a young child.  We have often looked at the doctrine that was front and center in custody cases prior to the Albright case, which was referred to as the “tender years” policy.  Although it has been deviated from, based upon the preference for Albright analysis, many of the same approaches are still employed when litigating a custody case.  After seeing this play out first hand–hundreds of times, mom usually does carry a slight advantage…unless she screws it up by cheating, drug use, alcohol abuse and, well you get the point.

The “tender age doctrine” has been undergoing a re-evaluation in the past decades, and rightfully so.  Times have changed in many ways, but so much remains the same.  Two states have essentially upended the notion that mom is better with having custody of a young child, and their courts have held that the maternal presumption favoring mothers in custody cases violates state as well as United States Constitutional guarantees of the Fourteenth Amendment. 

Some of the challenges to the tender years (or tender-aged) statutes have also been based in the equal protection clause of the U.S. Constitution.  See Watts v. Watts, 77 Misc.2d 178, 350 N.Y.S.2d 285 (1973). The tender years presumption has also at times been held unconstitutional as a gender-based classification which discriminates between fathers and mothers in child custody cases solely on basis of their sex. Devine v. Devine, 398 So.2d 686 ( Ala. 1981).  However, state statutes generally control unless appealed to a federal court.  Few can afford to do so.

So, where does Mississippi stand?  Is there truth that dad doesn’t have a chance?  Not necessarily, but he usually has a taller hill to climb to obtain custody of a young child than mom does, and that’s not written law, it is likely cultural more than anything else.  The Albright analysis does afford some advantage to mom, particularly because of the continuity of care when dad is at work. 

I fully appreciate that dad often gets punished in this sense for earning and supporting his family.  If mom is also at work and their child is being equally cared for by both parents, this advantage can easily disappear.  However, due to the commonality of mom staying home, receiving some maternity leave, continuity of care usually will favor her.  Some states do require employers to mandate paternity leave, but not Mississippi.  See our other articles wherein we discuss the power and importance of being the primary caregiver, because they are particularly front and center in this conversation.  It truly is the most likely predictor of who wins custody.

In sum, dad has a relatively equal shot at obtaining custody but for the fact that they are likely not an equal caregiver…especially if mom stays home.  If the father of a child truly wants to increase the possibility of obtaining child custody, he needs to find a way to, at the very least, be an equal participant in child-rearing.  Even though it is difficult to afford for many, hiring help is usually his best shot so that mom can return to work.  That way, at least he can argue that mom who does not stay at home is not advantaged by his daily absence.  Make no mistake, I understand full-well how unfair this may seem to all of the dads out there. If you have a child custody issue and are seeking primary custody, give us a call and we can give you unfiltered advice in obtaining the best result for your kids.  As a single dad, I appreciate your devotion to your children, but more importantly, so do they.

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Paying Support = Custody Rights?…Nope /paying-support-custody-rights-nope/ Sat, 12 Oct 2019 00:05:11 +0000 /?p=1460 One of the most common calls we receive is a father who is paying child support, most often through the Mississippi Department of Human Services (D.H.S.), and believes that somehow he has automatic visitation or custody or visitation rights.  He is terribly and fundamentally incorrect. As morally wrong as it may seem, paying child support does not afford the payor to have any custodial rights at all …only an obligation to pay. Make no mistake, the state is merely a collection agency, nothing more.  They cannot, by law, be involved in when and where you get to see your little ones. Seems unfair, right? We will touch on that shortly, so stay with me.

Years ago, the state of Mississippi had a program administered by D.H.S. that promoted access for a paying parent to their child.  That is no longer the case. In fact, D.H.S. is so overwhelmed with deadbeat dads (and occasionally moms) that they have suspended the access/visitation program outright.  They simply lack the funding to continue what are deemed “non-essential” administrative duties required by statute. So what is a dad to do? Unfortunately they have no option other than hiring an attorney to pursue any rights at all.  Again, this seems to be unfair, but it is a reality that has to be faced sooner or later.

As I have said many times, if every person were reasonable, I wouldn’t be a domestic attorney.  Oftentimes, mothers are reluctant to allow their child to go with dad without a court order that requires a certain return time or other specifics that delineate their rights…and they should have that concern.  That belief is well-justified. Fathers generally are reluctant to pay an attorney to garner clear rights to the when, what, and hows that are front and center in any parenting scenario. The predicament that exists is a literal catch 22…both mom and dad have genuine concern and merit to their concerns, as they should.  

So what is the best answer?  It was said to me by a former client that “the only way to prevent a misunderstanding is to have a clear understanding”.  Well said. Couple that thought with the fact that Mississippi requires a court order on anything pertaining to child custody, support, and visitation and the best recipe is clear…the court must issue an order addressing all of these issues, or mom and dad both suffer…so does the child.  Even though dad is the likely recipient of a legal bill, the court’s involvement is paramount, mandatory for the child having a steady and peaceful, even predictable life and schedule. Kids benefit from that predictability in more ways than we, as adults, often realize.  

When you call an attorney and ask for advice, there are a few key ways to simplify your path forward. First, know that most of the callers to family attorneys have little or no communication with the person they created a child with, be it husband, wife, or an ex they never married.  Obviously, that is a shame. The best way to help yourself (and your child) is to make all efforts to keep an open line of communication with you ex…and I know this is easier said than done. If you are able to communicate, drop the hate that may exist, forget the past wrongs that may have been done, and your child will be the first benefactor. After all, their best interests are sacrosanct with yours.  Forgiving and forgetting are powerful tools when your child’s happiness is at stake.  

In the end, what matters is that you thrive for the sake of you and your children.  It is easy to relive old memories of being hurt, rejected, cheated on, or betrayed. However, your child deserves the benefit of a clear understanding, a court order, to thrive and have predictability, peace, and happiness.  Don’t do it for you, do so for them.

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Cyber Civics: Children and Online Ethics /cyber-civics-children-and-online-ethics/ Mon, 30 Sep 2019 15:09:30 +0000 /?p=1454 It is estimated that children are online more often than they are in school.  Some studies have found that the average teenager is on the internet for in excess of 10 hours per day.  The interactions that we all have online are a gigantic part of who we are.  Our interactions frame us and we will be judged by them not differently than we are judged by our appearance and profession. 

Safe and civil interaction online is fundamental for children.  They often have little idea about how to navigate the bullying and anonymity that goes with it.  Now, schools have begun experimenting with civics classes focused on childrens’ online interactions.  After looking at this issue, it seems at first glance to be the right course when we are increasingly becoming digital citizens.

The introductory phase in these “cyber civics” classes is generally focused on bullying.  Interestingly, it appears that most studies link cyber-bullying predominantly to making fun of one’s appearance.  While there is always online hatred based upon a child who does not fit into a prototypical gender group or traditional sexual orientation, appearance is by far the most common target for online bullies based upon randomized studies.  There are not simple answers, but the focus on bullying seems a logical place to start for the new curriculums being offered.

Cyber civics is also, in a typical curriculum, secondarily focus on being able to identify “fake news” versus true and factual journalism.  Years ago, it was often said that the first tenet of journalism was objectivity.  The only agenda being that no particular agenda was appropriate is the primary goal.  We have come a long way from that basic principle.  If you read either the conservative or liberal media it is all too clear.  No middle ground seems to exist anymore.  True journalism may not even exist anymore.  That’s a shame.

The core values of our society are generally agreed upon.  We must be kind, respectful, and honest.  Although cultures may vary somewhat as to the way they apply these ideals, it is clear that very few would disagree with this basic premise.  Children are essentially being placed into a broader culture when they have access to the internet.  The odds of a child seeing something inappropriate online are extremely high.  Parents are the only filter for their kids.  The internet, as helpful as it can be used as a teaching tool, is also a double-edged sword.

Although cyber civics as an academic study is a relatively new concept, its focus is not altogether different from social science concepts that are well-established tradition.  Whether we call it cyber civics, social media consciousness, or plain old common decency, the concept remains essentially the same.  Unfortunately, the average person should already be familiar with the importance of decency and honesty but may have eluded that long ago.  When online, some take advantage of avoiding this should-be common ground. 

Anonymity plays a huge role in online interactions, and children are particularly vulnerable.  As such, a new era of digital coach is becoming common.  They now exist in public junior high schools in New Hampshire and Vermont.  Many courses are also offered online as a non-mandatory supplemental option.  Go to Google and search for “cyber civics course” and there are a ton of results.  Whether they are useful is still up for debate.  It seems that much offered is simply a reiteration of common decency.

In sum, it seems that the goal of online decency is a noble one, although somewhat arbitrary when distinguished from simple human interaction and courtesy.  Children are at a great risk of depression and suicide from being harassed, intimidated, and otherwise abused online.  The root cause is that we, as a society, seem to have sheltered and protected online interactions that would run afoul of the laws we have already created regarding defamation and harassment.  Until politicians recognize that anonymous bullies are a significant driver of teen and adolescent suicide and depression, nothing is likely to change. 

It’s time that we identify the real problem…poor public policy.  The legislature could solve much of the problem.  We have to let them, as our elected representatives, know that anonymous online harassment needs to end, once and for all.

Matthew Poole is a Jackson, Mississippi domestic attorney.  He was admitted to the state bar and the federal district courts in 2004.

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Do Chancery Judges Have a Sixth Sense? /do-chancery-judges-have-a-sixth-sense/ Thu, 19 Sep 2019 12:24:55 +0000 /?p=1451 Before getting into the nitty-gritty details of my experiences with Mississippi Chancellors, I must say that we have a unique system to determine divorce and custody matters in our state.  Only 5 states in the U.S. have chancery court systems. They are based on English common-law and principles of equity (fairness). Without a doubt, the big difference between chancery and other courts is that a chancellor is not only the final interpreter of law on point, but also the ultimate fact-finder.  This requires playing somewhat of a “dual role” in making determinations that affect not only a divorcing couple, but their children and extended families. So, after 1,300+ domestic cases, do I believe that chancellors have a heightened ability to sense what is not directly in front of them? Yes, and it is largely because they have significant experience in detecting the motivations of those who appear in their courtrooms.  

When in court, attorneys are commonly making points based upon evidence that can be seen and heard.  Most of the proof that we present on a daily basis consists of not only the testimony of witnesses, but video, photographs, documents, and audio recording.  While these are what I would call “empirical” evidence, they are not the only consideration for a fact finder. For instance, let us take a brief look at criminal jury trials.  They are a contrast to chancery proceedings in many ways. The judge has a singular role: interpreter of law. The jury has one role as well: find the facts. That fact-finding is not exactly an exact science.  It is highly nuanced…subjective as all get-out. Reasonable minds can disagree and often do. After hearing testimony and seeing all of the evidence, we can and will come to different, often ant-opposite of conclusions.  That is simple human nature.

Chancellors are the equivalent of both the judge and jury.  Not only do they interpret law, they are the sole fact-finder in divorce and custody actions.  They have to rely on their God-given instincts in close cases. Having seen the inner-workings of the chancery system in Mississippi, I can without question say that chancery judges tend to have a heightened intuition.  It is necessary when determining who is truthful and who is not. That gut instinct decides the outcome of so many close cases. Most of them are close, or they tend to settle prior to trial. Think of all the times you likely disagreed with a jury.  Without pointing to any specific cases, you can surely name a few of your own.

Most divorces and child custody matters are close calls.  Many lack any concrete proof at all. There are almost never any smoking guns or red hands to be caught.  The proof is almost always what I would call luke-warm…even circumstantial. The best approach in any chancery court is to build credibility by telling the truth.  Consistency goes a long way, as it should. Chancellors are pretty good human lie detectors.  

My advice to anyone going through a difficult custody case, divorce, or visitation issue is to be cool-headed and calm.  Be consistent and voice your concern for your children. Do not worry about shaming your spouse, your ex. It will not build credibility with the judge.  Your testimony will be weaker than it could have been when the focus is taken off of your kids. It is always better not to voice the raw emotion that a breakup causes.  The children are what matters now, and the judge could care less how much you may dislike your ex. They hear all too much of it on a daily basis. It gets tiresome, and quickly.

If you end up in court over a disagreement about your kids, your finances, do yourself a favor and relax.  Chancery judges love nothing more than a reasonable, calm litigant who is able to have a laser focus on what matters and ignore what does not.  Kids need structure and stability to thrive. They need a routine that is predictable and not jolted by emotion. If you are able to tap into this thinking, you just increased your odds of obtaining a positive outcome in a tough life moment.

Matthew Poole is a Single Father and Jackson Mississippi Family Lawyer, Recipient of the National Family Lawyer Association Top 10 Award in 2015 and 2018 and Finalist of the Steen Reynolds and Dalehite Trial Competition.  He was admitted to the Mississippi Bar in 2004.

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Who is Edgar Egbert, the Madison County Shooter? /who-is-edgar-egbert-the-madison-county-shooter/ Tue, 10 Sep 2019 21:47:58 +0000 /?p=1448 Last week, Deputy Brad Sullivan of the Madison County Sheriff’s Department was shot through the head with an AR-15 style rifle after police deployed stop sticks to prevent a speeding Jeep from injuring the public on Highway 16 near Canton.  It all stemmed from a domestic situation that resulted in a kidnapping, according to officials with Madison County. While the details have yet to fully emerge, we are all praying for his recovery while in the line of duty. He is a true hero for protecting the public.  God bless him. So many questions linger, but the primary suspect, Edgar James Egbert, is not saying anything, or at least hasn’t in his court appearances while being denied bond. He is probably wise to remain silent.

I know Edgar.  I was his divorce attorney in 2017-2018.  While I am not his biggest fan, he deserves a fair hearing despite his alleged actions.  Edgar is the father of five precious kids. He is now remarried. His new wife was incredibly excited when he popped the question.  That was barely a year ago. His life has been complex, especially after a divorce that had no easy end in sight. They rarely do.   

One of my first experiences with Edgar occurred shortly before Christmas 2017 at the Madison Chancery Court.  Judge Cynthia Brewer held a temporary hearing (which I often refer to as a “stop-gap” measure) and nothing particularly unusual transpired.  Visitation was addressed, some custody and child support was ordered as well. Edgar’s eldest child was about 13 at that time. He had moved to Georgia with his mom and four siblings a few months prior.  My initial read on Edgar was actually quite positive. I felt strongly that he had a soft heart.

After the hearing, Edgar went to his black Jeep, the one involved in the chase last week, and retrieved several presents for his kids.  He approached his son, who is a tall, handsome, quiet young man, and, smiling, handed him several gifts for he and his four sisters. Edgar was calm.  He seemed very caring, and I nearly teared up because I could feel the pain he was in at that moment. He had not seen his kids in months. I appreciated his gesture.  His eldest son said nothing. It was not clear to me whether this was an alienated child or one rightfully bitter at his dad. What I witnessed later made me form a fairly clear opinion.  

At trial several months later, details began to emerge.  I represented Edgar because I truly did, and do still believe that he missed and loved his babies.  My heart went out to him. The tragic events of September, 2019 seem to have appeared out of nowhere.  Although I could see his frustrations were mounting as a displaced dad, I did not see a cop-shooter in the making.  He did, and still does love those children. I am sure of it. Even though, if found guilty, there is no excuse on earth for his behavior, I wonder to myself if it all could have been prevented.  There are no easy answers.

I recently saw that, since my representation of Edgar, he has fallen far behind on child support payments.  His ex-wife, dejected and appearing beaten down during trial, does not work. She home schools the children.  She is reliant upon the good-will of others and her church to survive. So are the kids. Edgar was ordered to pay about $1,100. per month in support.  That’s about $220 per child. Any of you reading this can do the math. Fifty bucks a week doesn’t get a child far. And that amount was not being paid. Attorney’s fees have since mounted for he and his ex-wife.  This event has altered too many innocent lives. He was likely facing incarceration for the contempt that was imminent. There was really no path short of winning the lottery to solve his money problems, they grew exponentially and no end was in sight.  It is hard to ignore the financial roots that grew into this nightmare.  

This is a tragedy for too many reasons.  I know Brad Sullivan, if only vaguely. We must never forget that he likely will never be quite the same, but we can pray and hope for he and his family.  A headshot from any firearm (.223 Remington is more powerful than almost all handgun rounds) is incredibly horrific. It is amazing he is alive. He is one tough cop.   

Edgar’s wife and kids are also victims.  They will likely never have the present love of dad again.  He may very well still love them, but it is tough to see that love being easily reciprocated.  Edgar may also be a victim of his own missteps. While I want it clear that he deserves the presumption of innocence, the benefit of the doubt, the facts do not bear well for him at this point in my estimation.

While I cannot share every detail, I will say that the testimony regarding Edgar’s violent tendencies and drug abuse, marijuana in particular, has left me on one side of the legalization debate.  I also have formed a better understanding of the emotional turmoil a divorce can cause. A parent moving far, far away to escape an unhappy marriage is equivalent to a domestic nuclear explosion. The emotions are difficult to handle.  The pain is palpable, even to the attorneys.  

In the end, I can only ask that you pray not only for Brad, but for the children and family of Edgar Egbert and even Edgar himself.  It is a shame that this has happened and we cannot turn back time. Hopefully we can all learn something about the value of our personal relationships. When all the dust clears, hopefully we will love the ones we are with, even if just a little bit more.

Matthew Poole is a Jackson, Mississippi Family Attorney.  He was admitted in 2004 to the Mississippi Bar.

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Modification Mayhem; How to Steer Clear /modification-mayhem-how-to-steer-clear/ Thu, 05 Sep 2019 12:12:06 +0000 /?p=1443 Child custody modification cases are always challenging for a variety of reasons.  First, it is important to recognize that Chancellors are inclined not to “rock the boat” by making drastic decisions about child placement without very good reasons.  They, as they should, need a parent seeking modification to present overwhelming reasons for a sudden change that affects every aspect of a child’s life.  Haphazard, swift decisions regarding children are frowned upon and avoided at all costs. 

I want to focus on a common scenario which occurs and attempt to illustrate the divergent paths it presents.  Quite often, a child turns 12 and is able to voice a preference to the court about where they want to live.  Although they do not get to “choose” (a common misconception), their voice plays a critical role in triggering and potentially effectuating a child-custody claim.  Although the maturity level of the child is not a technical factor in the weight of their preference, it will always play a critical role in the outcome of the modification claim.

I want to share with you a custody horror story, at least from the perspective of a former client.  Often the best lessons are had by failure, not success.  Many years ago, I was hired to prosecute a child custody claim in Rankin County, Mississippi on behalf of a mom whose son had recently turned 12.  We all met at my office and the child was quite clear about the strength of his desire to live with his mom.  I did not question his sincerity for a moment. 

Fast forward several months and we finally have our day in court at a final hearing (trial).  I called the young man to the stand and he performed as I expected.  When my opposing counsel had his shot at making his case, the child fell apart.  It went something like this:  “Young man, why is it that you want to live with your mom all of the sudden?”.  A fair question, right?  The boy then said, more or less, “My dad makes me go to bed at 10 o’clock and eat grilled chicken and vegetables.  I hate vegetables.  When I am with my mom she lets me do pretty much whatever I want.  I can have as much pizza as I want and I can play video games while she’s busy doing other stuff.  My dad is just too strict.”  Whew.  I heard the sound of my case deflate right in front of me.  The odds of winning were nil.  My client was upset and so was I, but he was just a kid after all.

I have seen first-hand how children will attempt to please both parents.  I have had clients hire me on modifications of custody only to realize later that their child was telling their ex that they wanted to stay with them.  Kids have a natural defense mechanism to make both parents happy.  They will tell both that they want to be with them.  It borders on dishonesty, but for the love of God, they are only kids and do not understand adult problems.  This is the way that they cope.  It is frustrating and can cost a client several wasted dollars, but nonetheless I understand the plight of the children torn between two parents that they dearly love.  We must, as the adults in the room, understand how to avoid this mayhem in the first place.  Our children deserve it. 

My advice is simple.  The mature children are going to be far more likely to stay with the parent they prefer.  I doubt many of them are 12.  Once a child has consistently voiced a mature, rational desire to stay with you, consider speaking to a lawyer about a change of custody.  Chancellors are privy to the fact that children are not always able to decide what is best for them.  You can avoid wasting thousands on a failed modification claim by allowing your child to come to their own conclusion. Be patient and kind.  Remember that they are feeling pressure from every direction.  And in the end, respect them and their innocence.  One day they will face adult problems.  It is your job, as a parent, to make it later than sooner.

Matthew Poole is a single father and Jackson, Mississippi Custody and Divorce Attorney with 16 years of experience.  He has managed over 1,300 domestic cases.

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DIVORCE RATES DIVING? /divorce-rates-diving/ Sun, 01 Sep 2019 00:50:27 +0000 /?p=1441 I know what you are thinking, and I can already say that this trend occurs likely not for the reasons you may imagine. Unless you are a sociologist or simply very in-tune with social trends, it may surprise you that the real reasons, or at least the primary drivers of this trend, are not so obvious until we look at ourselves, our friends, and our families.

So many of the younger generation suffered through their parents’ divorces. They witnessed first-hand the turmoil and confusion that impacts everyone involved. They were often more victimized by their parents’ tit-for-tat than the parents themselves. Divorce is significantly stressful for kids. They become front and center in the turmoil. It should come as no surprise that they are more apt to wait before tying the knot. We certainly cannot blame them.

There is also a second driver of divorce rates diving. Millenials are not as financially well-off as their parents were at the same age. Although incomes may be similar (adjusted for inflation), costs of living are much higher. They are purchasing homes much later, have less money in the bank, and upward trending daily expenses. When you hear about inflation in our country hovering between 2 and 3 percent, ask yourself if things you buy on a daily basis (consumer goods) do not seem to have skyrocketed in price in the past decade. It sure feels that way to me.

Another factor lesser discussed has driven the divorce rate down. Here it is: People simply aren’t getting married at the rate they did in the past. I ran a simple Google search of “marriage and divorce rates U.S.”, and the results were surprisingly dramatic. If you click on “images” at the top results bar, you can visualize the strong trend in several telling graphs and charts. It seems to me that after World War II, young men returning home in droves altered our societal landscape. They were eager to start lives and have families. Their children were generally born in the mid 1950’s until the early 1970’s. Those former children are now in their fifties and even late sixties. Time sure does fly. Many (most) of you reading this are their kids. Theirs was a great generation in a very different time.

I also see the impact of social media, a term unknown to our dad, mom, aunts and uncles. They did not know that it would ever dominate our society the way it does today. Facebook, Instagram, Twitter, and so many others consume our daily lives. I believe they are great tools when used for the right reasons, but our communication with others we hardly know can also interfere with our most personal relationships.

We, as a country, have pushed the limits of change in so many ways. Time spent with family is too easily frittered away. Bank accounts are stretched to their limits. Daily pressures are at an all time high, and memories of being a child trapped in the eye of a stormy divorce still linger.

In the end, the best ways to avoid a divorce are more obvious than you realize. Sometimes we simply need to be reminded of what we already know.

Matthew Poole is a single father and Jackson, Mississippi Family Attorney. He was admitted to practice in 2004.

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LAW OFFICE OF MATTHEW POOLE Cost Guide /law-office-of-matthew-poole-cost-guide/ Sat, 31 Aug 2019 15:27:55 +0000 /?p=1439

Finalist, Steen Reynolds Trial Competition, University of Mississippi School of Law 2003,
N.B.I. Certified Divorce Instructor, 2014, 2018 Mississippi Top Ten Family Lawyer, N.A.F.L.

2019, 2020 Cost Guide (Including Discounts)
*Please Attempt To Find Agreement if Possible in Order to Significantly Reduce Costs

*Prices May be Slightly Higher if Outside of the Jackson, MS Metropolitan Area

No-Fault Divorce/Agreed Paternity and Visitation Matters (ALL terms must be agreed upon for the following No-Faults/Agreed Matters) All Are Flat Fees…Please Note that a FULL Agreement is Required. Modifying Terms After Agreement Will Likely Result in Additional Fees at an Hourly Rate of $250.

Without Children, No Property- $750.

With Children, No Property- $875.

With Property, No Children- $850.

With Children AND Property- $975.

Agreed Paternity and Custody/Visitation- $875.

Contested and Fault Based Matters
(no agreement)

Divorce with Custody Features- $4,500. (retainer)
@ $260/hr.

Divorce without Custody Features- $4,000.
(retainer) @ $225/hr.

High Asset Divorce, with or without Custody
Features (Over $250,000 combined net worth)
$7,500 (retainer) @ $260/hr.

Custody (or Paternity and Custody)- $4,500.
(retainer) @ $260/hr.

Paternity and Visitation, No Custody Issues
$3,500 flat fee

Custody Modification, with or without Contempt
$5,000 (retainer) @ $275/hr.

Emergency Custody Matters $5,000 (retainer)
@$275/hr.

Contempt Only, No Custody Issues $4,000.
(retainer) @ $260/hr.

Adoption/Parental Right Termination. $7,500.
(retainer) @ $275/hr.

Miscellaneous

Prenuptial or Postnuptial Agreements $1,200,
maximum of 5 hours ($250/hr. thereafter)

Document Review Without In Office Consult
$375, 1.5 hour maximum

File/Document Review and Assessments $750
flat fee, (Includes One Hour In-Office Consult
if Required)

In Office Consults $375 flat fee, one hour limit

Discounts (Subject to change)

First Response Personnel, Hospital Workers,
Teachers, School Administrators, Government
Workers, Church Employees. 7.5%

Active Duty Military, Veterans, Disabled. 10%

Thank you for choosing us to assist you through this difficult time.

–Matthew

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Avoiding Disaster: Divorce and Mortgages /avoiding-disaster-divorce-and-mortgages/ Sat, 24 Aug 2019 13:02:49 +0000 /?p=1435 Are you preparing for a divorce and have a mortgage on a home or other property?  Valuing these assets is fundamental in order to ensure that you receive a fair shake in severing your marriage.  What common issues need to be clear moving forward on a path to becoming single again? There are several, but the mortgage holder is almost always the key to knowing who should stay in the home and who goes.  Unless you want to be roommates with your ex for the foreseeable future, follow this advice.  

A retired Chancellor from Rankin County, Honorable John Grant, used to say repeatedly that “Two can live cheaper than one”. The reason that credit bureaus will ding your score for a divorce is quite clear:  unless your income increases substantially, a divorce will always negatively impact your overall financial health. When two people own a home in a community property state such as Mississippi, they have essentially formed a joint business venture.  When the home is mortgaged in both parties’ names, both incomes are considered by the bank in determining whether or not to grant the loan application and provide credit. They are not particularly keen on allowing an otherwise responsible obligor (or “customer” in bankspeak) off of the hook.  Why should they be? They have a responsibility to their shareholders to ensure investment in mortgage assets are repaid at as high a rate as possible.

Very many divorced people ask me after the fact why it is that they cannot repurchase another home.  Unfortunately they have almost always suffered from poor lawyering and improper preplanning for severing marital ties.  The gist of their now major disaster is that their attorney did not make adequate provision in the dissolution agreement for the marital home.  They simply stated that one party, we will just say the wife for example, keeps use and possession of the home. Frequently a wife with children will stay in the home if she can afford it.  So the story usually goes as follows…Husband is on the mortgage. Husband assumes that he is off the hook for liability with the bank. Husband applies for a loan, only to be rejected due to a poor-debt to income ratio.  This all could have been very easily avoided.

A simple provision that stated, for instance, “Wife agrees to obtain separate financing for the marital home within 60 days or to list the home for sale at or below current appraisal value” would have done the trick.  Sale price and who decides upon that price can also, and should be laid out clearly prior to divorce. It still amazes me that some lesser experienced lawyers get their clients stuck in a hellish quagmire such as this.  It can and should be avoided with some degree of foresight. Fixing this issue can cost far more than doing it correctly the first time around. I have seen people that have unfortunately spent fifty of more hours in attorney time to clean up this type of mess.  

In the end, be sure that your attorney has discussed with you the best path to rectify any outstanding financial obligations, especially your mortgage.  Ensure that no assumptions are made moving forward. Ask your lawyer every question related to protecting your future and that of your kids. And after the emotional haze of divorce clears, never forget that two really can live cheaper than one.


Matthew Poole is a Jackson, Ms custody and divorce lawyer and a 2015 and 2018 N.F.L.A. top ten domestic lawyer, 2019 Birdeye top family attorney, and 2003 finalist of the Steen Reynolds trial competition at the University of Mississippi School of Law.  He was a Second-Century Scholar at Millsaps College in 2001.

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Advice to Women: How to Spot a Bad Dad /advice-to-women-how-to-spot-a-bad-dad/ Thu, 22 Aug 2019 13:01:18 +0000 /?p=1430 One of the most powerful drivers of domestic litigation, mom filing suit against dad or vice-versa, is the desire by both parents to receive or avoid child support obligations.  The typical, let’s say father, will usually bend over backwards to avoid paying child-support, because it is a 21 year obligation not easily dispatched. Sometimes, and more often than not, these dads look for creative ways to thwart that obligation by seeking joint custody of their child.  Do they really want to spend close to half of the time with the little one? Doubtful, at best. Their answer? “I want joint custody”. For a seasoned lawyer, we all see through this veil of nonsense.  

It is clear that Mississippi law prefers parents to agree to custodial arrangements, in large part to take a hefty load off of the backs of our strained judicial system.  Although the consequence is not intentional, many domestic lawyers get paid large sums to fight for “joint” custody for a parent who simply wants to avoid child support obligations.  So, let’s explore the impact of one child on an average man’s balance sheet, monthly.  

Per capita income in Mississippi for a single man is about $33,000.  After mandatory deductions, that number shrinks to about approximately $26,600.  That is only a little over $2,200. per month. Now, if said average income man has a child and owes support, he will owe 14% of that $2,200 in support, or about $320 per month.  Ouch to him. This figure does not include extracurricular activities, day-care, or medical and dental costs. Kids are not, and never have been cheap. If you thought that having a dog was expensive, you were wrong.  

Why are so many men pushing the narrative of “joint” custody?  Are they really concerned about being heavily involved in their childrens’ lives?  Most often they are not, but there are the rare few great men who are not as concerned about paying child support as they are about being involved in child-rearing.  These men are uncommon, but they do exist. My experience allows me to spot the fake “great dads” rather quickly. It is always about the money for them, not concern for their children and their rearing.  

Standard visitation is almost always going to be par for the course.  Judges are not usually willing, absent unusual circumstances, to rule for joint physical custody of children, and the reason is patently clear.  Chancery court judges want finality, they do not want litigants coming back every time someone moves or changes school district. Who can blame them?  They seek an efficient system no more or less than anyone else would. Joint physical child custody is about as difficult to manage as two people sharing a car.  It doesn’t work, at least not well.  

My advice is simple.  If you are the more engaged, loving, capable parent, fight for your children.  Be there to raise them in your light. Do not be intimidated by threats of “joint custody”, it is often just a scheme to avoid child support.  Trust your God-given instincts. If he truly does care enough, joint physical custody is always a consideration. If he is looking to save a few bucks, fight at every corner for your little ones.  (Sorry guys, but this is the way it plays out 90+ percent of the time, and I am one of you). In the end, good will always defeat bad intention, but you have to muster the will to fight for what is right.


Matthew Poole is a 2015 and 2018 N.F.L.A. Mississippi top ten domestic attorney, 2019 Birdeye Top Mississippi Famliy Lawyer, and 2004 Steen Reynolds Trial Competition Finalist.  He lives in Northeast Jackson with his 9 year old son, Lucas.

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