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 MoreCategory Archives: Family Law
ALIMONY 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 retirement. Facts After 37 years of marriage, Husband and Wife divorced in 2007. The court split their assets mostly equally and granted Wife $10,000 per month
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
Read MoreDISTRIBUTION 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 issued a memorandum opinion, placing value on the marital estate and splitting the estate at 60% for the wife and 40% for the husband.
Read MoreHUSBAND’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 Protection violations as leverage. Further, the Court of Appeals found Husband’s appeal frivolous and awarded Wife fees expended in
Read MoreTRIAL COURT’S FAILURE TO PROVIDE PROPER FACTS AND CONCLUSIONS OF LAW LEADS TO REMAND
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. Facts In this case, he parties divorced in 2012 and in December of that year, Mother received 2 DUIs. Father then petitioned for
Read More