Practical perspectives for contemporary legal challenges.
How much child support a parent owes and what can be taken as a credit towards child support obligations are common questions in family law matters. A large expense, which could result in a large child support deduction — or even its elimination, comes from payment of private school tuition. In Tennessee, child support awards …
Continue reading “Will I Pay Less Child Support If I Pay For Private School Tuition?”
In cases where parents are divorced or not married and living separately, most parents are familiar with the idea of child support (i.e., one parent paying money to the other parent for the benefit of the children.) However, calculating child support and what goes into the calculation is a mystery to many. In Tennessee, in …
Continue reading “What Factors Go Into Determining Child Support?”
A common misperception in divorce cases has to do with what income is considered when determining child support. Some people believe it is the amount of their paycheck which is determinative. Others ask whether the value of certain assets, like a home, may be considered. Tennessee law requires the “gross” income of the parties be …
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The recent decision of Compher v. Whitfield from the Tennessee Court of Appeals is a prime example of how far child custody law in Tennessee has to go to catch up with today’s same-sex partner realities. In Compher, two women were in a same-sex domestic partnership. In approximately 2009/2010, the parties decided to have a child together. The …
Continue reading “Same-Sex Partners – Child Custody Land Mines”
A frequently asked question in family law has to do with how much of an interest, if any, each spouse has in the couple’s assets and liabilities. The way it’s usually asked is something along the lines of: “I have this [inheritance item, cash, property etc. either from before the marriage or gifted to me …
Continue reading “What Part Of Our Property Does My Spouse Have An Interest In?”
The difference between legal separation and divorce is a commonly asked question. Each State may address legal separation differently. In Tennessee, there are important differences between legal separation and divorce to know before making a decision. First, legal separation is not the same as a divorce. It is also not a “cheaper” way to avoid …
Continue reading “Should I Become Legally Separated Instead of Divorced?”
Many people assume once they are divorced and a Judge has entered an Order that the terms of that Order are binding and never end. Under certain circumstances, this is not true. There are several situations where a judge may modify a “final” divorce order. The modifications that can occur are discussed under Tennessee law, …
Continue reading “Divorce Time Traps: Can I Lose the Rights the Judge Gave Me in my Divorce?”
The Coronavirus has upended long-standing post marriage relationships for a number of people. Parenting plans have been rendered impossible by quarantine and other mandates; well-established financial security has given way to the largest number of unemployed Americans since the Great Depression; and the ability to pay for the home one rents or owns has become …
Continue reading “Do I Need a Pandemic Clause in my Divorce Documents?”
Many people understand the difficult decisions and tough times the divorce process can bring. Problems after divorce, however, are often given less consideration. A common quandary with post-divorce parents is how to handle a sad child during drop off with the other parent. Often times, one parent will attribute the sadness to perceived deficiencies in …
Continue reading “How Do I Handle a Sad Child During Drop Off?”
The Coronavirus has affected the lives of virtually every routine social interaction. Millions have lost jobs or are facing an uncertain financial future. The virus’s ravages have also spread into the family law arena. Long-standing custody agreements are suddenly unraveling and, simultaneously, many of the courts are not open to address the new and unforeseen …