Technically, we no longer use the words custody or visitation in Tennessee. A few years back, the statutes were changed. Now, the words Primary Residential Parent and Parenting Time replace those words.
However, the words are interchangeable.
Custody or Visitation, Permanent Parenting Plans, Primary Residential Parent
Sometimes, you just don’t care for your given name. And in those cases, your name can be changed with a one-time Court appearance. Below is information about legally changing your name in Tennessee.
A Petition For Name Change and a Court Order are required.
Under oath, before the Judge, your attorney will ask you questions about your desire to change your name. This is to ensure the jud you are not doing so to avoid debts or crimes. So long as the Judge approves your Petition in Wilson, Smith, or Macon Counties, your name can be legally changed.
After Court, you will receive a Certified Copy of your Order of Name Change. This document can then be delivered to the State. You will use this to update your birth certificate, driver’s license, and other documents reflecting your name.
If you are the custodial parent and choose to change your child’s name, that can also be accomplished with a Petition. Depending on the circumstances of your case, the Court may even allow you to change your child’s last name. Even without the adoption of that child by another parent.
Finally, a spouse often wants to return to a former name during a divorce. This can be accomplished in the Final Decree of Divorce, at the time of the divorce, or later. Your spouse can not legally stop you from returning your previous name, nor can he force you to give up his name.
If you have questions about legally changing your name in Tennessee, contact us at https://www.kane-law.com/contact-us/
Years ago, child support in Tennessee was based on percentages of the non-custodial parent’s income. You paid 21% of your income for one child, 32% for two children, and so on.
A few years back, the Tennessee legislature changed the child support formula. Child support now takes into consideration both parents’ incomes. It also considers the number of days each parent spends with the child. Plus, other children each parent may support, child care expenses, and health insurance expenses.
It’s a complicated formula.
Depending on each case, the Court can deviate child support upwards or downwards depending on the circumstances. For instance, 7% of a parent’s child support goes towards extra-curricular expenses. Many children participate in expensive extracurriculars. Therefore, this 7% simply doesn’t cover it. You must tell your attorney about these expenses, it could increase child support.
Who claims the children for tax purposes? Sometimes, the parties, through their attorneys, can agree on who may claim which child in any given year.
By law, however, the child support guidelines have a built-in calculation that is supposed to allow the custodial parent to claim all the children. There is little discretion as to who may claim the children. That discretion is left to the Judge in your case if the parties cannot agree.
Child Support will be paid in Tennessee until a child graduates from high school or turns 18, whichever occurs last. If you agree to pay longer than the law requires, you just formed a contractual agreement that a Judge can enforce against you.
If a child is disabled, child support may be paid past 18 years. The law allows you to present evidence of the child’s disability that may entitle the child to child support until age 21 and, in some cases, even longer.
If you have questions about child support in Tennessee, contact us at https://www.kane-law.com/contact-us/
Child Support, Support for a child with a disability, Taxes and Child Support
Your failure to abide by a court order can have dire consequences. You can be charged with contempt of court and be incarcerated by the judge.
Failing to abide by the Court Order is Contempt of Court.
Tennessee has two types of Contempt of Court – Civil and Criminal.
With Civil Contempt, you hold the keys to the jail. However, if you do what the Order says – such as pay your child support – the Judge may release you.
You are being jailed with Criminal Contempt for failing to abide by the Court Order. A judge can jail you for 10 days for each violation.
There are defenses to Contempt. One defense is whether or not you willfully violated the Court Order in place. For instance, did you not pay your support simply to spite the other parent, or did you not pay it because you didn’t have a job and could not find one? You have to prove your defense to the Judge, and it will be up to the Judge to determine whether you are willfully in Contempt of Court.
Sometimes, your very behavior in Court can be considered Contempt.Although you may be upset in Court, the last thing you want to do is disrespect the Judge, another party, or the other attorney. Don’t raise your voice, don’t slam things, don’t slam doors, and don’t make inappropriate comments in the courtroom. A judge can deem that behavior contempt and punish you accordingly.
You should not take Contempt of Court lightly. There are certain defenses, but when served with a Contempt Petition, learn your rights. If you have questions about your rights, contact us at, https://www.kane-law.com/contact-us/
“You have the right to remain silent.” Everyone has heard those memorable words, the Miranda Rights, on any given cop or detective show.
Typically, they are being read by the star of the show as the wrongdoer is being stuffed into a cop car or otherwise being led to jail. More properly, the full recitation is known as your “Miranda rights,” named for the landmark case of Miranda v. Arizona. A case that guarantees a person to be notified of his right to an attorney before a custodial interrogation is conducted.
As in many things in life, the devil is in the details.
Many complain to their attorney that they weren’t “read their rights” upon arrest. The fact is that such rights need not be read in every case or every arrest. As noted above, the right to such a recitation is only invoked when a custodial interrogation occurs.
Think of any episode of NYPD Blue with Detective Sipowicz. Officers are permitted to ask questions of a person while still in the investigatory phase. While still trying to determine what occurred, whether a crime has been committed, and whether the person being questioned is a suspect.
As such, many incriminating statements may be made by a suspect without the right to being Mirandized, having ever attached.
Because there is no commercial break between when a lawful stop turns from an investigatory stop into a custodial interrogation. The applicability of Miranda Rights turns on the specific facts of each particular arrest.
If you have questions about Miranda Rights, contact us at https://www.kane-law.com/contact-us.com
incriminating statement, Miranda rights, Right To Remain Silent
During the pendency of a divorce, the judge will unlikely allow you to take your children around your boyfriend or girlfriend. Often, children are just getting used to their parents not being together. Therefore, introducing a new adult into the picture can greatly complicate matters. Romantic relationships and divorce can be difficult to navigate especially with children.
Often, however, parties ask if they can have their boyfriends or girlfriends around their children after the divorce. Most Wilson, Smith, and Macon County Judges will allow them to be around your children. An exception would be if their being around the children would somehow be harmful.
Are girlfriends or boyfriends allowed to spend the night when your children are present? Look at your Parenting Plan.
Some plans or Court Orders state you can not have unrelated overnight guests of the opposite sex present when your children are present. If your Parenting Plan or another Court Order states this, the answer is NO. However, you can go back to Court to request this be changed.
If your plan does not prohibit boyfriends or girlfriends, then more than likely, you are allowed to do so. However, no lawyer can tell you this unless they review your divorce documents. If you choose to have overnight guests, violating the Court Order, you may be held in Contempt of Court.
Understandably, after a divorce, you are ready to move on with your life. And if you have been in a bad relationship, you are probably ready to be in a better relationship. However, you need to remember that when it comes to children, they are our Tennessee Judges’ top priority.
In summary, Abide by your Court Orders regarding boyfriends and girlfriends. If you need them to be changed, petition for a change and request a modification. Don’t violate them first and ask for forgiveness later. Romantic relationships and divorce are difficult to navigate, especially with children. If you have questions, contact us at https://www.kane-law.com/contact-us/
Tennessee is an At-Will Employment state. That means you can be fired for cause or no cause at any time.
Unless you entered into a Contract For Employment when you started your employment. In those few cases, your employer may not be able to terminate you without providing compensation. Or, sometimes, you can’t quit without owing your Employer money. I advise all entering a Contract For Employment to READ, READ, READ it, and then let an attorney review that contract on your behalf.
While having a contract may seem like the way to go, most often, the contract is prepared by the attorney for the Employer. This means it serves the Employer’s interest more than your own. What you will find in most employment agreements is that the employer has included a covenant not to compete. That means you may be unable to work for anyone whose business “competes” with your Employer. Nor will you be able to start your own company that “competes” with your Employer.
Courts don’t like Covenants Not-To-Compete. However, if you negotiated one and received compensation for entering into the Non-Compete, the Court will enforce the agreement if it finds it reasonable. This means you’ve still got to be able to eat. The Employer can’t restrict you to the point that it becomes completely unreasonable. A court of law can decide whether you should quit and be unable to work because of the Non-Compete.
Our office has represented both sides in Wilson, Davidson, Macon, and Smith Counties. We represent several employers and have drafted both employment agreements and covenants not to compete. We have also enforced these agreements through Restraining Orders when Employees have violated them.
Additionally, we have taken legal action to represent employees challenging employers with excessively restrictive non-compete agreements that the court must invalidate. Entering into employment contracts should never be approached lightly. These contracts can both help you and later hinder you. For questions about Employment Contracts and Non-Compete, contact us at https://www.kane-law.com/contact-us/
At Will Employment, Contract for Employment, You can be fired for at any time
Our office mainly represents Landlords in Landlord/Tenant disputes. And, if you are a Landlord that we represent, we have prepared an airtight lease agreement on your behalf. Our goal is to protect our clients from evictions in Tennessee.
Lease Agreements don’t have to be long and complicated. But they do need to set forth the term of the rental and the amount owed. Most importantly, the means required to evict a Tenant if they are not abiding by the rental agreement.
Evictions in Tennessee, Lease Agreements dont have to be long and complicated, Our office represents Landlords
We receive several calls a day regarding Tennessee Small Claims Court. The Court most people are referring to when they call about this is the General Sessions Civil Court. General Sessions Civil Court hears matters involving damages totaling less than $25,000.00. Therefore, often, this Court will handle evictions, contract disputes, property disputes, minor car accidents, and the collection of debts owed.
The number #1 question we are asked about small claims court, ‘is do I need an attorney?’
I usually reply, ‘How much are you being sued for?’
Hiring an attorney can be expensive—no doubt about it. Hopefully, the attorney you are considering hiring has spent many years in the courtroom and many years studying the law. These skills are invaluable, especially if the person on the other side of the dispute has an attorney.
But back to my main question – If you were to lose, how much would you be out? Because as much as you may want a lawyer by your side in small claims court, sometimes it’s simply not cost-effective.
If you are being evicted with only $1000.00 in the bank, consider whether you should spend your last $1000.00 on an attorney. If you have failed to pay rent, there is probably very little an attorney can do for you. Other than possibly bide you some additional time to move out.
On the other hand, if a Contractor has failed to build something for you as agreed upon. Furthermore, you have spent $10,000.00 on that project, and most often, the only way to get your money back is to sue in General Sessions Court. Hiring an attorney to pursue your action is worth the cost in times like these.
Unlike many courts, however, General Sessions is not a court of record. This means that should you win or lose, within ten days, the other side or yourself can appeal the matter to a higher court.
Contact us with questions about hiring an attorney for Small Claims Court at https://www.kane-law.com/contact-us/
When a client meets with me about Estate Planning, after some discussion, I usually find that they need the following documents for proper estate planning; a Will, a Financial Power of Attorney, a Health Care Power of Attorney and a Living Will.
These are the documents I have prepared for myself. These are the Estate Planning documents I have prepared for numerous friends and family members.
Do you need a Trust? Do you need a complicated Will?
Usually not, but it all depends on the value of your estate. If your estate is worth more than one million dollars, we will discuss more complex estate planning opportunities to further protect your estate. But for most families, the aforementioned documents take care of all their needs and ensure that their estates are properly handled when they become ill or pass away.
A Last Will & Testament is a legal document we all need. In Tennessee, the law establishes who will receive your estate if you don’t have a will. And you may not like who gets everything you worked so hard to accumulate. Take charge of who gets what, when, and under what circumstances in your Will.
A Durable (Financial) Power of Attorney is a much needed document. Usually, if you are married, your spouse can handle your financial affairs when you can’t. However, if your spouse can’t do it, then who will? You can determine that person by having a Durable Power of Attorney prepared.
Of the utmost importance is your Health Care Power of Attorney. Who can make healthcare decisions on your behalf? Who do you trust to make the right decisions? You can make those decisions now by having a Health Care Power of Attorney prepared.
And finally, everyone needs a Living Will. We have ideas about how we want to live during the end stages of life. Make those decisions now in legal documents that your doctor and family must abide by.
Estate Planning does not have to be complicated or expensive. However, by not taking care of these legal matters on the front end, you can often cause your family to spend much more money later trying to take care of these matters for you.
For instance, a simple Health Care Power of Attorney can cost money. However, should you fail to prepare this document and then require medical care you cannot consent to, your family will be forced to hire an attorney to file a Petition for Conservatorship. The Court will require a hearing to determine who can make health care decisions for you. Doctor Affidavits will be required, and a Guardian Ad Litem will often be appointed. Conservatorships can cost a family a few thousand dollars. A Health Care Power of Attorney would have avoided all of this.
If you have questions about these documents or proper Estate Planning, contact us https://www.kane-law.com/contact-us