ANGEL KANE has been practicing law since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.
What you should know about alimony taxation changes.
Signed into law on December 22, 2017, the “Tax Cuts and Jobs Act of 2017” changes the existing tax code. One of the crucial implications for our clients is the changes to alimony taxation.
Under the previous law, alimony was deductible by the spouse paying alimony (the obligor). Alimony received was once considered taxable income on the spouse’s tax return receiving the spousal support (the oblige). Accordingly, alimony was taxed as the oblige spouse’s income.
January 1, 2018, brings in the new year and new laws as passed by the Tennessee Legislature. It’s a new year, new laws.
Barber, Bus Drivers & Alarms
Barbers may now perform their services in a residence. Before 2018, barbers could only render their services in a residence for a person who was ill. However, barbers must possess a residential barber certificate to work in or out of a home.
A few changes take effect regarding school bus drivers. Beginning in 2018, school bus drivers must be at least twenty-five years old, and all new bus drivers must complete a training program before transporting any children. The changes also create a transportation supervisor program for monitoring and supervising local and charter school transportation.
Homeowners Alarm Contracts
Homeowners may cancel alarm contracts for periods longer than two (2) years upon giving thirty (30) days’ notice to an alarm company if the homeowner has to sell their home for medical reasons. However, the cancellation must come after the initial two (2) year period, and the cancellation must include a letter from the homeowner’s treating physician explaining that the house must be sold and the alarm system canceled due to medical reasons.
Handguns, Headlights, & Cell Phones
Individuals seeking handgun carry permits may be exempted from the firing range qualification component if they have proof they passed small arms qualification or combat pistol training in any branch of the United States Armed Forces.
For motor vehicles, headlights must be either white or amber. It seems most standard passenger vehicles will comply with this law. However, drivers may not modify their vehicle headlights to colors other than white or amber.
Hand Held Phone Usage in Cars
Most importantly, 2018 brings new penalties for cell phone usage in school zones. Drivers using or talking on a handheld cell phone in a marked school zone when flashers are operating can be prosecuted for a Class C misdemeanor, punishable by a $50 fine.
Learn more information about the new laws taking effect January 1, 2018.
If you have a legal issue, contact the attorneys at Kane & Crowell Family Law Center at (615) 784-4800.
We wish you a Happy New Year from Kane and Crowell! New Year’s Eve is, arguably, the Tennessee Highway Patrol’s busiest weekend for patrolling and ensuring safe driving. Every year, THP conducts multiple roadblocks around the New Year holiday. Some of these roadblocks are announced ahead of time, and some are not. Hopefully this information will help you maintain New Year’s Eve Safety. Just in time, the THP has announced the following roadblocks in our area:
My legal assistant and I recently discussed what questions clients and prospective clients ask her about meeting with me and other attorneys here. As a result of our conversation, we came up with the following tips for clients when meeting with their attorneys.
Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be complicated, knowing the basic information can help put a client at ease.
Divorce can be a difficult situation for every party involved. It is the legal undoing of two people’s assets, liabilities, and everything in between. Knowing what to expect and being prepared for the inevitable changes are essential during a divorce.
Contested or Uncontested
The first decision to be made is whether the divorce will be contested or uncontested. If you can agree, the divorce is uncontested, and the process is more straightforward. If you cannot agree, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.
In an uncontested divorce, the parties or their attorneys complete the necessary paperwork and file it with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.
In a contested divorce, one party will begin the process by filing a complaint. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement can be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be lengthy.
Waiting period in Tennessee
In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means the divorce cannot be finalized until the time period runs.
If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at (615) 784-4800 or request a consultation to discuss your specific case.
At Kane & Crowell, Attorneys at Law, we emphasize the significance of social media in legal cases. Your online posts can become evidence, just as you can use others’ posts in your case. Accessing these posts, especially deleted or hidden ones, often requires complex steps. Ideally, capturing screenshots or images of relevant posts is essential. For inaccessible posts, you may need a subpoena or court order.
Everyone going through a divorce in Tennessee has to take a court-approved parenting class if you have minor children at the time of your divorce. According to www.tn.gov, this class provides parents with the essential information to handle interactions with their children and each other during and after the divorce process. These seminars aim to assist divorcing families in navigating the traumas of divorce without adding more stress.
Blended families are sometimes hard to navigate. The goal of the courts is to keep families intact. However, that is not always possible or the best scenario and times Step-Parent Adoption is a good option. Some biological parents decide to have their child adopted by the step-parent. In Tennessee, a step-parent can adopt a child in a couple of ways.
It’s a situation that we see too often: Parents cannot agree on a visitation schedule for a child and the father cannot see the child because he has no legal rights. A mother may move away with the child and the father disagrees but has no grounds to contest the move because he has no legal rights.
On July 1, 2017, the state of Tennessee enacted several new laws. Do any of the new laws affect you?
The state increased penalties for convicted felons in possession of a gun. The offense can be increased, depending on their previous felony.
Retroactive child support is now limited to the past five years of child support. Unless the court finds good cause to make an exception.
The illegal use of a telecommunication device is a new offense. Watch what you do on your cell phone!
Don’t publicly release the residential address of a police officer. It’s a Class B Misdemeanor if negligent and a Class A Misdemeanor if intentional.
Property owners can put purple paint on their trees to serve as a no trespassing sign.
Understanding and staying informed about the state law is essential for every citizen of Tennessee. Keeping up to date on Tennessee law ensures you can navigate the complexities of the legal system and make informed decisions.
Here are some ways you can stay informed about new TN laws.
Local Bar Associations: Connect with local bar associations like the Tennessee Bar Association (https://www.tba.org/) to access legal resources and stay informed about recent developments. Bar associations often host events, seminars, and conferences that provide insights into changes in Tennessee law.
Official State Resources: The Tennessee state government provides information through official websites. The Tennessee General Assembly’s website (https://www.capitol.tn.gov/) is an excellent resource for finding the state’s constitution, statutes, and other legislative information.
Legal Blogs and News Outlets: Stay current with legal news and analysis through reputable legal blogs and news outlets. Websites like the Tennessee Bar Journal (https://www.tba.org/journal) and local newspapers cover legal developments and provide insights into how laws impact the community. Subscribe to newsletters or RSS feeds to receive regular updates.
Community Legal Clinics: Community legal clinics and workshops organized by legal aid organizations, law schools, or local bar associations. These events provide an opportunity to learn about specific legal issues, ask questions, and receive guidance. Check local event listings and community centers for information on upcoming legal clinics.
Social Media and Online Forums: Follow legal professionals, organizations, and government agencies on social media platforms. Many legal experts share insights, articles, and updates on these platforms. Online forums and discussion groups can also be valuable resources for asking questions and engaging in conversations.
Staying Informed
Staying informed about Tennessee law is a continuous process requiring a multifaceted approach. Utilizing official state resources, legal databases, local bar associations, news outlets, educational programs, community events, a trusted attorney, and online platforms will help you build a comprehensive understanding of the legal landscape. By staying informed, you empower yourself to make informed decisions, advocate for your rights, and contribute positively to your community.
