Careful! 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”...
View ArticleTrial Court Applies Incorrect Legal Standard Regarding Modification of...
In the case of Teven A., No. M2013-02519-COA-R3-JV, (Tenn. Ct. App., Dec. 29, 2014), Father appeals the Juvenile Court on issues of child support. Son was born to Mother and Father in 2005. Mother and...
View ArticleTrial Court’s Failure to Provide Proper Facts and Conclusions of Law Leads to...
In Clark v. Clark (No. M2013-02632-COA-R3-CV, Dec. 30, 2014), the Court of Appeals sends a trial court’s decision back to the issuing judge for additional findings of fact and conclusions of law....
View ArticleHusband’s Meritless Claim of Duress Leads to Award of Wife’s Fees on Appeal
In the case of Trigg v Trigg, (No. E2014-00860-COA-R3-CV. Jan 5, 2015), the court finds that Husband was not under duress in signing a contract due to the fact that Wife used dismissal of Order of...
View ArticleDistribution of Marital Estate Difficult to Overturn on Appeal
In the case of Dunn v. Dunn (No. E2014-00706-COA-R3-C.V, Tenn. Ct. App. DEC 22, 2014), Husband and Wife divorced after thirty-eight years of marriage. Following several trial dates, the trial court...
View ArticleDefault 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...
View ArticleMaterial Change Hard to Overturn; Contempt Must Specify Civil or Criminal
Facts: 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...
View ArticleNo 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...
View Article60% 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...
View ArticleMotion to Clarify Parenting Plan Must Rest on Record Alone or Evidentiary...
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...
View ArticleSame-Sex Marriage Legalized; What About Same-Sex Divorce in Tennessee?
In an undoubtedly groundbreaking decision, the Supreme Court ruled that the Constitution grants the right to same sex marriage. Justice Kennedy wrote the majority opinion, which encompassed the Court’s...
View ArticleAlimony Terminated in Light of Voluntary Retirement Due to Health Concerns
In the case of Odom v. Odom, (No. E2014-01049-COA-R3-CV, filed April 14, 2015), Husband appeals the Trial Court’s judgment, which failed to terminate Wife’s alimony payment due to Husband’s...
View ArticleChild Allowed to Keep Mother’s Last Name in the Case of Unmarried Parents
In the matter of Mattie H. (No. M2014-01350-COA-R3-JV – Filed April 30, 2015), Mother appeals the Trial Court’s decision to change the child’s last name to the Father’s. FACTS: An Agreed...
View ArticleSocial Security Benefits Received Post-Divorce Waived in MDA; Attorneys Fees...
In the matter of Hanna v. Hanna, (No. W2014-02051-COA-R3-CV, April 30, 2015), we take a look at enforcement of an MDA. Facts: The parties married in 1998 and divorced in 2011. An MDA was filed and...
View ArticleChild 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...
View ArticleTop 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. 1....
View ArticleHow Does An Agreed or Uncontested Divorce Work in Tennessee?
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....
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