Tennessee Family Law Questions & Answers

No one really likes to pay child support.  It is, perhaps, one of the most contentious issues in cases involving children.  In my practice, I have discovered several reasons for this.   First, when child support is paid, it is paid to the other parent.  The greater the animosity between the parents, the more difficult it is to make those payment.  It creates the illusion that the person paying the child support is actually paying the money for the benefit of the other parent and not the children.   In Tennessee we have a comprehensive set of guidelines used to determine the amount of child support that will be paid.  Based upon the guidelines, the appropriate figures are inserted into Tennessee’s Child Support Worksheet by using a child support calculator supplied by the state. The result is a dollar amount that is used as child support.   The following are the five factors that go into the child support formula in Tennessee: The income of each parent The amount of time each parent spends with the child The

A good understanding of the court system is essential for both attorneys and for consumers of the judicial system.  Additionally, it is important to know which courts in your county have jurisdiction over which type of cases.  In this episode, we discuss the structure of Tennessee’s judicial system. Resources Understanding Your Court System Tennessee Judicial District Map Blog Post

In Tennessee, courts are required to equitably divide marital property between the parties in a divorce.  The court will usually attempt to determine the value of all marital property and then attempt to determine the proper division of that property.  Tennessee is a dual property state as opposed to an all property state.  In a dual property state, the court may only divide property this is considered marital property.  Once the marital property is identified, the court will determine the division of the property based on eleven factors set forth in the divorce statutes.  In the vast majority of divorce cases, the equitable division of marital property between the parties is a simple process of dividing the property in half.  In other words, in most cases the court will make a 50/50 division between the parties.  Nonetheless, there are situations where the court will be forced to consider the equities and make other than an equal division of the property. Blog Post  

In most families, grandparents play a significant role in the lives of grandchildren.  I have some great memories spending time with my grandparents growing up in Nashville.  I was lucky to have both sets of grandparents until I was well into my twenties.  In some families, however, grandparents are at odds with the parents and the relationship between the grandparents and the grandchildren is affected.  When this happens, the grandparents may be required to resort to the courts in order to spend time with their grandchildren.  As a general rule, parents have the right to parent their children as they see fit.  This includes the right to decide with whom the children will associate.  The right to parent one’s children is founded on the right to privacy contained in the United States Constitution.  Before the court can abridge that right, it must be shown that the failure to do so would result in severe emotional harm to the children. In Tennessee, grandparents have a right to visit with their unmarried minor

Adultery is defined as voluntary sexual intercourse between a married person and someone not the spouse of that married person.  In Tennessee, adultery can be proven by circumstantial evidence as well as by direct evidence.  There are several defenses to adultery.  The first is called recrimination and occurs when the spouse alleging adultery has also committed adultery.  The second defense is referred to as condonation.  The defense of condonation occurs when the innocent spouse, knowing of the adulterous conduct, takes the guilty spouse back and engages in intercourse.  The final defense is connivance.  This defense is based upon the knowledge and acquiescence by the innocent spouse in the adulterous spouses’ conduct. There are several things to keep in mind when it comes to adultery in divorce.  First, the adulterous conduct of a parent cannot form the basis of a denial of parenting time.  In other words, unless the conduct directly affects the children, it cannot be used by the court when fashioning a cus

Alimony is available in Tennessee in appropriate divorce and legal separation cases.  A number of factors go into determining an award of alimony.  The most important factor is the need of the spouse seeking alimony and the ability of the other spouse to pay the alimony. There are four types of alimony in Tennessee.   Alimony in futuro, also referred to as periodic alimony Rehabilitative alimony Transitional alimony Alimony in solido, also called lump sum alimony There are a number of factors that go into an alimony decision.  When facing a case involving alimony, make sure you seek the advice of an experienced Tennessee family law attorney.   Blog Post

In Tennessee, child support is based in part on the relative incomes of the parents.  But what happens if one of the parents is not working up to their potential?  What if one of the parents quits a lucrative job and takes a lesser paying job, or perhaps just quits working altogether? If this episode, we discuss how a court determines whether a parent is underemployed and what steps the court will take to insure that parent continues to support the child.  RESOURCES Tennessee Child Support Calculator  Tennessee Child Support Guidelines  Tennessee Child Support Handbook  Blog Post  

In Tennessee, one out every three children are born to unwed parents.  There are several ways to establish paternity of a child.  First, the mother and father can both sign a form called a voluntary acknowledgment of paternity.  Second, a paternity action can be filed in court.  The voluntary acknowledgment of paternity involves no court action and is usually accomplished in the hospital just after the birth of the child.  There is no fee for submitting the voluntary acknowledgment of paternity, provided the form is filled out, signed and filed with the proper state agency prior to the child’s first birthday.  The form can be submitted after the child’s first birthday through the date the child turns nineteen, but there is a small fee involved. The form requires the acknowledgment of both the mother and the father that the father is the natural father of the child.  Certain information such as the social security numbers, ages and addresses of both parents must be provided on the form, and the form must be si

Courts will not change a child’s last name unless the change promotes the child’s best interest.  When considering the child’s best interest, the following factors must be used by the court: The child's preference The change's potential effect on the child's relationship with each parent The length of time the child has had its present name The degree of community respect associated with the present and proposed name The difficulty, harassment, or embarrassment that the child may experience from bearing either its present or its proposed name Both parents can agree to the change of the child’s last name.  In such a case, the name will usually be changed by the court without having to present any evidence.  However, where no agreement can be reached, the parent seeking to change the child's last name has the burden of proving that the change will further the child's best interests.  Since the birth certificate of a child born to an unmarried mother reflects that the child’s last name is that of the mother, t

In Tennessee, the parent with the majority of the parenting time is always designated as the primary residential parent.  But what happens when both parents have equal parenting time with the children?  Who is the primary residential parent? The parenting plan in Tennessee states that the designation of primary residential parent is SOLELY for purposes of any other applicable state and federal laws. If the parents are listed in Section II of the parenting plan as joint decision-makers, then, for purposes of obtaining health or other insurance, they shall be considered to be joint custodians. THE DESIGNATION DOES NOT AFFECT EITHER PARENT’S RIGHTS OR RESPONSIBILITIES UNDER THIS PARENTING PLAN. Being named the primary residential parent has little or no meaning.  The most important factor to keep in mind in all custody cases is the best interest of the children.  Keeping that concept front and center in all cases involving children will go a long way to minimize the negative effects of divorce on your children.

Tennessee relocation statute allows parents, under certain circumstances, to move out of Tennessee with the child—even over the objection of the other parent.  The law requires the parent desiring to move outside of Tennessee or more than fifty miles from the other parent, to give notice of that desire.  The notice of intent to relocate must contain the following information:  Statement of intent to move; Location of proposed new residence; Reasons for proposed relocation; and Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice. The non-relocating parent must file a petition opposing the move or the relocating parent will be allowed to move.  In such a situation there must either be an agreement on a new visitation schedule or the court will be forced to decide how best to create a schedule to foster and continue the child's relationship with the other parent.  If the parents are spending substantially equal time with the child the c

Parenting Plans are required in all divorce and custody cases involving children. Each Parenting Plan contains a set of 9 rights each parent has when the children are in the physical custody of the other parent. These rights are often referred to as the parental bill of rights and are as follows: The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations. The parent exercising parenting time shall furnish the other parent with a telephone number where the child may be reached at the days and time specified in a parenting plan or other court order or, where days and times are not specified, at reasonable times; The right to send mail to the child which the other parent shall not destroy, deface, open or censor. The parent exercising parenting time shall deliver all letters, packages and other material sent to the child by the other parent as soon as received and shall not interfere with their delivery in any way, unless otherwise provid

Divorce can be expensive, both in terms of the emotional costs and the economic costs.  Many times legal fees top the list of costs in a divorce case.  Nevertheless, there are steps you can take to reduce the legal fees in your divorce. Choose Your Attorney Wisely Limit and Prepare for Phone Calls and Emails Offer to Perform Some of the Work Yourself If Appropriate, Ask for a Flat Fee Arrangement Do Not Rely Upon Your Attorney for Help with Emotional Problems   Blog

In 2011, the Tennessee Legislature passed a law requiring the courts to “order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the [best interest of the child].”  It makes since that if one parent is unable to care for the child during his or her parenting time, the other parent should be given an opportunity to do so before a baby sitter is used.  Such an arrangement will “permit both parents to enjoy the maximum participation possible in the life of the child. . . .” This is called a right of first refusal.  Care should be used when drafting a right of first refusal.  Factors to be considered are things such as a minimum amount of time before the right kicks in, a set period of time for giving notice to the other parent of the option to exercise the right, and a requirement to let the other parent know within a reasonable time whether or not the option will be exercised. The following is an example of an actual right of fir

Raising kids is expensive and no one enjoys paying child support to the other parent.  However, often paying that child support each month is far cheaper than actually having primary custody of the child and having the additional “hidden” costs. If you are considering seeking a change in custody to keep from paying more in child support, you should consider the real costs of raising a child.  You might want to heed the advice of the old adage “don’t cut your nose off to spite your face.” In this episode, we discuss the propriety of seeking a change in custody just to keep from having to pay child support.  We explore some of the hidden costs involved in raising kids and explain why having primary custody of a child is often far more expensive than paying child support.

In yesterday’s episode, we discussed several factors that go into determining the amount of child support that will be paid: Relative Income Parenting time Work related child care expenses Health insurance Other children In today's episode, we discuss what happens when one or both parents are receiving Social Security Benefits. There are generally three types of social security benefits that we deal with in child support cases, disability benefits and retirement benefits both of which fall under Title II of the Social Security Act, and Supplemental Security Income benefits received under Title 16 of the Social Security Act. For child support purposes, both disability and retirement under Title II are handled the same.   However, Title 16 Supplemental Security Income benefits are handled differently Amounts received by a parent under Title II of the Social Security Act are considered income and can form the basis of a child support award.  Supplemental Security Income benefits, however, are not included in

In Tennessee, every parent has an obligation to support their children. When parents are unmarried and/or not living together, one parent will usually be required to pay child support to the other parent. But what happens if the parent obligated to pay child support misses one or more payments? In Tennessee, the law imposes twelve percent interest on past due child support payments. Child support is considered late if it is not paid on the day it is due. In addition, the past due child support becomes a judgment against the person who owes the child support. That judgment carries 12% interest and the interest itself becomes child support. Things to keep in mind:  Child support is for the benefit of the child – not the parents If you are required to pay child support through the state of Tennessee and instead pay directly to the other parent, you do not get credit for those payments Make sure that any judgment you obtain for child support arrearages includes the interest, if not, you will not be able to claim

Mediation is a settlement process to help you and your spouse try and resolve the issues involved in your divorce case.  The issues mediated can include child custody and parenting time issues if children are involved, alimony and property division, including who will receive what property and who will be responsible for which bills.  Mediation is an informal process usually conducted around a conference room table.  It is in a casual setting. The mediator is not a judge and does not make a decision or impose his or her will on the parties but attempts to find a solution to the dispute.  At the mediation session, each person involved in the dispute presents a summary of his or her point of view.  If you have an attorney, he or she will usually go with you to the mediation session.  The mediator will usually meet with everyone together at the beginning and then meet individually with each side.  This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well

What happens when the parents of a child die?  In Tennessee, a guardian will be appointed to stand in place of the parents.  The guardian will be responsible for raising the child and managing any assets the child may have.  In this episode, we explore the law as it relates to guardianships in situations where both parents are deceased.  Resources Handbook for Guardianship/Conservatorship

In this first episode of the Tennessee Family Law Question and Answer podcast, we discuss what effect filing for divorce in Tennessee has on the parties' credit.  As a general rule, filing for divorce in Tennessee will have no effect on a person's credit rating.  However, not every case will follow the general rule. Occasionally, there will be no clear understanding between a divorcing couple as to who will be responsible for which bills.  Often, in that situation, bills will go unpaid and credit will be negatively effected.   It is best to have a clear understanding on who is responsible for paying which bills. This is best accomplished by sitting down before the divorce is filed and working on the details.  If this is impossible, then have the attorneys discuss an equitable solution. As a last resort, a motion can be filed and a judge. referee or magistrate make the decision.