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Why your divorce is the best time to fight for primary care and control

by Morgan Smith | Jun 3, 2016 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification

“However, “a “change in circumstance” with regard to the parenting schedule is a distinct concept from a “change in circumstance” with regard to the identity of the primary residential parent.” Massey-Holt v. Holt, 255 S.W.3d 603, 607...

Motivation for Settlement – the court has no obligation to take liquidity of assets into account in your divorce

by Morgan Smith | May 17, 2016 | Contested Divorce, Divorce Lawyer

In Grant v. Grant, which came out of Montgomery County (Clarksville), the Court was tasked with the equitable distribution of assets and liabilities in a high asset divorce, and to set alimony.  This is a good example of why settlement can be a good idea.  In Grant,...

Lack of Support of Athletics Not a Material Change

by Morgan Smith | May 9, 2016 | Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification

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...

Smart Divorce – When parents loaned kids money during the marriage

by Morgan Smith | Apr 3, 2016 | Contested Divorce, Divorce Lawyer

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...

Father granted equal parenting time in Tennessee divorce

by Morgan Smith | Mar 3, 2016 | Contested Divorce, Divorce Lawyer, Family Law

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

by Morgan Smith | Feb 29, 2016 | Child Support, Divorce Lawyer, Post-Divorce Modification

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...
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