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Divorce and Voluntary Underemployment – New Opinion
A recent decision affirming a finding of underemployment came up through our own Fourth Circuit of Davidson County. In Cocke v. Cocke, Mother filed a petition to increase support and Father filed a counter-petition to reduce it based on the eldest child emancipating....
I normally don’t do this but…GO PREDS!
Let's Go Preds! (and to make this on topic, season tickets are marital property! Don't let your spouse get the seats, and if you have them before you get married protect them in your prenuptial agreements (especially Titan's ticketholders!).
No Surprise to Anyone, Court Upholds Finding that Rape Qualifies As Inappropriate Marital Conduct for Divorce
I think I will shock no one when I tell you that the Court of Appeals has upheld a determination from Nashville's own Second Circuit that being convicted of rape is grounds for divorce under the inappropriate marital conduct standard. In Watt v. Watt, the Husband was...
Lack of Support of Athletics Not a Material Change
More affirmation that the material change standard for a change of primary parent determination is more strict than just your standard schedule modification: Angela Newberry v. Jeremy Newberry. Here, Father accused Mother of not supporting the children in their...
Tennessee Divorce Lawyer – What is an Uncontested Divorce? Infographic
Smart Divorce – When parents loaned kids money during the marriage
Very good and interesting case that originated out of Bradley County and has a new opinion from the Court of Appeals - in Merkel v. Merkel, the maternal grandfather intervened in the divorce action to protect his interests and likewise to keep a spouse from unfairly...
Father granted equal parenting time in Tennessee divorce
The Court of Appeals has upheld a decision out of Clarksville which named the Mother the Primary Residential Parent with 183 days and Father the Alternate Residential Parent with 182 days and a week on week off schedule. In Barry Spencer v. Christina Spencer, the...
Good opinion about how child support modifications should go back prior to the final hearing
We have a new opinion about modifications of child support. Child support is one of the more common areas of post-divorce modifications. People change incomes, insurance and day care amounts change, and most importantly your child support does not automatically stop...
New Ruling on In Re: Andrea R. dealing with child support and private school deviations
One of the issues in contested divorces with children is the child support worksheet and deviations of the support. At its most basic, the child support is what it is, and your divorce lawyer will plug in the numbers and tell you what comes out. If you are...
Post-Divorce Child Support Modification Attorney Fees Overturned
The Court of Appeals overturned an award of $10,000 in attorney fees to a Father who successfully challenged and modified a child support order. In Martha Carter v. David Carter, both parties were represented by local divorce attorneys and incurred considerable legal...
Divorce and Child Tax Exemptions
Something that people dispute quite regularly and waste attorney fees is the tax exemption for the minor children. As a Nashville divorce attorney, I frequently have instances where all matters are resolved except for who claims the children on taxes. Most of the time...
Parental Interference and the Material Change in Circumstances Standard
One of the reasons it is so important to properly document parental interference is that it can be used as grounds for a finding of material change in circumstances in contested post-divorce custody modifications. In S.A.M.D. v. J.P.D., a Father filed a Petition to...
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