In the case of Hughes v. Hughes, No. M2013-01558-COA-R3-CV (Tenn. Ct. App., Dec. 16, 2014), the Court of Appeals had to decide on co-parenting in a case involving mental instability by one parent and violation of a court order by the other. Facts Husband and Wife separated in 2011, with Wife filing a complaint for
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TRIAL COURT APPLIES INCORRECT LEGAL STANDARD REGARDING MODIFICATION OF PARENTING PLAN
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 Father were not married. In November of 2005, a parenting schedule was set by the Juvenile Court. Father was granted
Read MoreTENNESSEE ALIMONY PRIMER
Alimony is a blanket word used to cover many types of post-divorce spousal support. In Tennessee, there are rehabilitative alimony, alimony in futuro (periodic alimony), transitional alimony, and alimony in solido (lump sum alimony). The definitions of these types of alimony in layman’s terms are as follows: Rehabilitative alimony- post-divorce support designed to financially support
Read MoreAPPRECIATION DUE TO MARKET FACTORS NOT ENOUGH TO JUSTIFY DISTRIBUTION TO SPOUSE IN TENNESSEE DIVORCE
In the case of Huddleston v. Huddleston, No. M2012-00851-COA-3-CV (Tenn. Ct. App July 30, 2013), a case out of Putnam County Chancery Court, we learn that an increase in value of separate property during a marriage, if due to market factors only, will not justify dividing that increase between the spouses upon a divorce. Facts:
Read MorePOST-DIVORCE PARENTAL RELOCATION IN TENNESSEE
Many people believe that once they divorce a spouse that their dealings with them are over. However, when children are involved this is rarely the case. Post-divorce custody issues come up all too often, and there are many complex legal issues involved. One of these types of issues is the relocation of a parent. Tenn.
Read MoreFAILURE TO PAY A PROPERTY SETTLEMENT DOES NOT RELIEVE CHILD SUPPORT OBLIGATION
In the case of Cantrell v. Cantrell, No. M2012-01847-COA-R3-CV (Tenn. Ct. App. May 23, 2013),we learn that one party’s failure to timely pay a property settlement does not relieve the other party’s child support obligation. Facts: The parties divorced in 2008. In 2012, Wife filed a Petition for Contempt based upon Husband’s failure to comply
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