First, generally attorneys charge two different types of fees depending on whether your divorce is agreed or contested. This is because an agreed divorce is shorter, simpler, and takes less time. Normally these agreed divorces are done on a one-time flat fee basis. On the other hand, a contested case is normally billed out at
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TOP 10 THINGS YOU NEED TO KNOW ABOUT CHILD SUPPORT IN TENNESSEE
Child support issues can vary from simple to very complicated depending on the facts and issues involved. However, here is a very good start and understanding this complex subject in Tennessee with the help of a Knoxville divorce and family law advocate can help. 1. Child support is based upon the Tennessee Income Shares Worksheet.
Read MoreCAREFUL! CHILD SUPPORT MAY NOT STOP AUTOMATICALLY AT AGE 18 IN TENNESSEE
In the case of Wunder vs. Wunder, No. M2014-00008-COA-R3-CV, (Tenn. Ct. App., Dec 22, 2014) Husband and Wife were declared divorced in May of 1999. The partes’ Marital Dissolution Agreement or “MDA” gave primary custody of the two minor children to Wife and obligated Husband to pay $4,000 in monthly child support. Husband also agreed
Read MoreCHILD SUPPORT ARREARS MAY NOW BE WAIVED IN TENNESSEE
Tennessee has passed a new child support law, Public Chapter No. 200, which went into effect as of July 1st, 2015. Public Chapter No. 200 amends Tennessee Code Annotated, Section 36-5-101 (f). Under this new law, child support arrearages may be waived or reduced. Child support is in arrears when it is overdue and begins
Read MoreCHILD ALLOWED TO KEEP MOTHER’S LAST NAME IN THE CASE OF UNMARRIED PARENTS
FACTS: An Agreed Order was entered in June of 2014 establishing paternity and setting Father’s child support payments. At the hearing, Father presented an oral motion to change the child’s surname to his surname from Mother’, which was granted. The court noted several grounds for changing the child’s name, including fathers “substantial” contact with the
Read More60% DISTRIBUTION OF ASSETS TO WIFE UPHELD UNDER SUBSTANTIAL CONTRIBUTION THEORY
In the case of Dunn v. Dunn, (No. E2014-00706-COA-R3-CV,. DEC 22, 2014), Husband and Wife were divorced after thirty-eight years of marriage. Following several trial dates, the court issued a memorandum opinion, placing a value on the marital estate and splitting the estate at 60% for the wife and 40% for the husband. The trial
Read MoreMOTION TO CLARIFY PARENTING PLAN MUST REST ON RECORD ALONE OR EVIDENTIARY HEARING REQUIRED
In the case of Howard v. Halford (No. E2014-00002-COA-R3-JV. Dec 22, 2014), The Court of Appeals reviews the Trial Court’s motion to clarify the requirements of the residential co-parenting schedule as laid out in the permanent parenting plan. The Court entered the permanent parenting plan in January of 2013. Mother was named as the primary
Read MoreNO SUCCESSFUL APPEAL FOR ARGUMENT NOT MADE AT TRIAL COURT
Facts The case of Eberbach vs. Eberbach (No. M2013-02852-COA-R3-CV, Tennessee Court of Appeals, Dec 23, 2014), involves litigation over child support and the parenting schedule. Mother and Father divorced in May of 2011. A permanent parenting plan was part of the final divorce decree. In September of 2012, Father filed a petition for a decrease
Read MoreMATERIAL CHANGE HARD TO OVERTURN; CONTEMPT MUST SPECIFY CIVIL OR CRIMINAL
In the case of Thomas v Miller (No. M2013-01485-COA-R3-CV, Feb. 27, 2015), a post divorce case granting Father primary custody and holding mother in contempt leads Wife to appeal. The previous parenting plan designated Mother as the primary parent, giving her 235 days of parenting time. Father received 130 days and was a joint decision-maker
Read MoreDEFAULT DIVORCE OVERTURNED DUE TO LACK OF NOTICE
In the matter of Farley v. Farley, (No. M2014-00814-COA-R3-CV– February 2, 2015), Husband appeals the court’s judgment granting Wife a divorce while Husband was incarcerated on the grounds that he was not given fair opportunity to participate in the hearing or process. Facts Wife filed a petition for divorce in April of 2013, citing irreconcilable
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