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Division of Real Property and Retirement Funds in a Divorce

Division of Real Property and Retirement Funds in a Divorce

Wife is to receive $115,000 from husband's retirement fund in exchange for some of the marital property. Should she have to pay the taxes on that money, or should the husband pay the taxes? read more...
What is a Qualified Domestic Relations Order, or QDRO?

What is a Qualified Domestic Relations Order, or QDRO?

A Qualified Domestic Relations Order, which is usually shortened to "QDRO", is an order of a court that instructs the manager of a retirement plan to set aside and pay a portion of the funds to an alternate payee. read more...
Judgment for Overpayment of Child Support

Judgment for Overpayment of Child Support

30 December, 2013 by Lawrence in child support
What happens if you're paying child support through Child Support Services of Tennessee and you discover that they have taken too much of your money? It used to be that the State would say that you've just made an involuntary gift to the other parent, and you should be happy for the ... read more...

Husband’s Concealment of Assets Results in New Division of Property

When a court divides the assets and debts of a couple as part of a divorce, the court must normally rely on values of the assets that are supplied by the parties. With some assets, such as bank accounts and credit cards, the balances should be easy to determine. However, sometimes people try ... read more...

Alimony Award Modified in Divorce Appeal

13 August, 2013 by Lawrence in alimony, Divorce, Marital debt
A Tennessee Court of Appeals modifies an alimony award because the husband had recently had a reduction in his income and the wife had the potential to support herself without additional education or training. read more...

Recording Phone Calls Between a Child and the Other Parent

Making recordings of a telephone calls between children and the other parent may seem like a good idea, but is it legal?  Can the recordings be used at a divorce or custody hearing?  Could you be arrested for making these recordings? The answer (as is common in everything involving the law) is ... read more...

Child Support Extended for Severely Disabled Adult Child

In an earlier post, I described how child support can be extended indefinitely for an adult child who became severely disabled before the age of 18.  I lamented that Tennessee law does not give us a definition of “severely disabled”, or any guidance whatsoever in the determination ... read more...

What is an Annulment?

7 March, 2013 by Lawrence in annulment, marriage
Both an annulment and a divorce will end a marriage, but an annulment is retroactive, meaning it erases the marriage from its beginning almost as if the marriage had never existed at all.  This is appropriate if your marriage has some defect that caused it to be invalid on the day of your ... read more...

Does Alimony Terminate When Your Ex Gets Remarried? Depends!

11 February, 2013 by Lawrence in alimony, Divorce
Certain types of alimony may stop when the recipient gets remarried. The first step is to determine what type of alimony is being paid. read more...

Proposal Would Increase Divorce Filing Fee to Fund Violence Shelters

A bill has been introduced to add a $10 fee to all divorces filed, to fund violence shelters. Is this a good idea? read more...