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...
by Morgan Smith | May 10, 2016 | Contested Divorce, Post-Divorce Modification
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....
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...
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...
by Morgan Smith | Dec 9, 2015 | Child Support, Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification
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...
by Morgan Smith | Nov 22, 2015 | Child Support, Divorce Lawyer, Family Law, Post-Divorce Modification
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...
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