How is Commission, Overtime or Bonus Income Treated in Tennessee Child Support?
All of these types of income are considered “variable income.” Variable income gets averaged (e.g., over recent years, as applicable), and added to the monthly income under the guidelines. But the...
View ArticleIs a Disabled Child’s Social Security Income Considered in the Tennessee...
No. The assumption is that this money is needed for the child’s extraordinary needs. So it is treated as a separate income stream that must be used for the care of the child.
View ArticleHow Do Real Estate, Business Interests and Other Assets Get Divided in a...
Every Tennessee divorce requires dividing up of the property you and your spouse have accumulated during the marriage, so you have to know what there is and how much it’s worth in dollars. In other...
View ArticleDoes Everything We Own Get Divided in a Tennessee Divorce?
No. Some property may not be subject to division, if it is “separately owned.” Under Tenn. Code Ann. 36-4-121(b)(2) separate property is generally set aside and excluded from being divided in a...
View ArticleWhat Am I Entitled to When it Comes to Property Division in a Tennessee Divorce?
Clients often ask their lawyers this question and the problem is that each case is made up of a unique set of factors that judges can consider when fairly dividing the marital property. So many...
View ArticleUnvested and Vested Stock Options and Property Settlements in Tennessee Divorce
Clients often wonder whether they will have to divide their unvested stock options as part of a divorce property settlement. These are the stock options that were awarded during the marriage, but are...
View ArticleDivision of Debt in Tennessee Divorce Law
It may be appealing to forget about the marital debt since it can be an unpleasant thought, but the division of debt must be part of the divorce. Debts are applied against all of the marital assets in...
View ArticleHow is Alimony Determined in Tennessee?
Unlike property division, alimony concerns “cash flow” from one spouse to the other, mainly for the purpose of reasonably approximating the standard of living enjoyed during the marriage. Tennessee...
View ArticleWhat Kinds of Alimony Are Available Under Tennessee Law?
There are numerous types of alimony available under Tennessee law: Rehabilitative Alimony, where it is meant to help the recipient become self-supporting to the level of the life style of the marriage,...
View ArticleHow Long Does a Collaborative Divorce Case Take to Finish?
The parties make their decisions through a series of face-to-face meetings, which can be scheduled closely together or spread out, depending on the needs of the clients. In my ten years of experience...
View ArticleIs Collaborative Law the Same as Mediation?
Many people confuse the Collaborative Process with mediation. While the Collaborative divorce has aspects of mediation within it, the main difference is that in the Collaborative Process both parties...
View ArticleThe Message from Children to their Divorcing Parents
“Show us that you can work together even if you don’t’ like each other anymore!” When you allege in a public court document that your spouse has had an affair, what does that do to your children? Even...
View ArticleLessons from a Judge: Why Going to Trial Does Not Solve Conflicts in Divorce
The comments below are from Judge Paul Garfinkel of the 9th Judicial Circuit Family Court, of Charleston County, SC. He made these comments to divorcing parents before the start of their child custody...
View ArticleWill My Lawyer Be a Strong Advocate for Me in a Collaborative Divorce?
In a Collaborative Divorce your attorney is obligated, in the same way that a litigation attorney is obligated, to advocate on your behalf. In both approaches, the first commitment of the attorney is...
View ArticleConscious Uncoupling: Useful Tools for Divorcing Couples
The shocking realization that your marriage is ending often elicits understandable rage and sadness. You can stay angry or you can start to move forward. People do have choices, and the 2015...
View ArticleIs a ‘Holy’ Divorce Possible?
An opinion piece I developed with Vanderbilt professor A. J. Levine, was published in The Jewish Observer of Nashville: “Is a ‘holy’ divorce possible? A conversation between a lawyer and a Jewish...
View ArticleCan I Still Have a Judge Decide My Case if I Use Mediation or Collaborative...
Yes, you can still have a judge decide your case, if you and your spouse have not reached agreement on all issues of the dispute.If, during the Collaborative Divorce or Mediation process you believe...
View ArticleHow Long Does a Collaborative Divorce Case Take to Finish?
In the Collaborative Divorce process the spouses (i.e. the two parties in the divorce case) make their decisions through a series of face-to-face meetings, which can be scheduled closely together or...
View ArticleIs Collaborative Divorce the Same as Mediation?
Many people confuse the Collaborative Divorce process with mediation as used in divorces. While a Collaborative Divorce has aspects of mediation within it, the main difference is that in the...
View ArticleThe Message from Children to their Divorcing Parents
“Show us that you can work together even if you don’t’ like each other anymore!” When you allege in a public court document that your spouse has had an affair, what does that do to your children? Even...
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