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 cre…

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…

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, t…

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 betwee…

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…

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 t…

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 paren…

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 …

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 degr…

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 purpos…

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 …

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 …

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…

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…

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 …

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 …

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 …

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…

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 Hand…

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 cle…