Petition for Dependency and Neglect in Tennessee There are unfortunate circumstances surrounding minor children that may require their removal from custodial parents or guardians. Any party with knowledge of the facts or the Tennessee Department of Children’s services may petition a juvenile court where which the minor children are residents or are located at time of filing the petition. In Tennessee, the Juvenile Court will have exclusive original jurisdiction in proceedings in which a … [Read more...]
Averaging fluctuating or variable income for child support calculation
April 2, 2019 by
The Tennessee Child Support Guidelines provides the proverbial rules of the road for a Court's discretion in imputing income gross income for purposes of calculating child support. A parent's income may be "variable" fluctuate in the sense that it may be based on commission, bonuses, side-income, or inconsistent hours of overtime. The Court may average different amounts incomes over a specific period time. However,“averaging is usually correct for calculating a party’s fluctuating income, but … [Read more...]
Ladies: Lactate Away at Work!
April 17, 2014 by
A recent ruling out of the fifth circuit court of appeals now offers protection to mothers in the workplace who lactate or express milk after pregnancy. Furthermore, discrimination by an employer who materially alters the terms or conditions of a female employee’s employment constitutes a cause of action for sex discrimination under Title VII of the Civil Rights Act of 1964. It would also violate the Pregnancy Discrimination Act which amended Title VII by broadening sex discrimination to … [Read more...]
Hotline? What Company Hotline?
February 7, 2014 by
If you are employed by a large corporation, you likely attended an orientation program where you were provided numerous materials such as employee handbooks and other corporate policies. The company may have been transparent about a corporate hotline that an employee may call in the event they are subject to or witness discrimination or violation of ethics policies. However, many companies are not so motivated to disclose this hotline because they benefit from an employee's failure to engage … [Read more...]
A Victory for Clothing! Being paid while donning and doffing work Uniforms becomes clarified
February 5, 2014 by
Only attorneys can argue over the narrow construction of the meaning of "clothes" and "time spent in changing clothes … at the beginning or end of each workday" per (29 U.S.C. § 203(o)) of the Fair Labor Standards Act and if a collective bargaining act so provides. This matter was addressed in the recent opinion of Sandifer v. United States Steel Corporation on January 27, 2014 where the parties literally distinguished "clothes" with competing publications of dictionaries. The narrow issue … [Read more...]
What is difference between separate property and marital property?
April 3, 2013 by
In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same. Separate property or … [Read more...]
Divorce mediation required in Tennessee?
March 29, 2013 by
In Tennessee, adjudication of a divorce can occur in two ways. You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to. If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court. However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator. The Tennessee legislature enacted T.C.A. 36-4-131(a) where each party of a … [Read more...]
Welcome to my family law blog.
March 29, 2013 by
Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have. Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated. If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]
Sumner County Personal Injury Attorney
July 3, 2012 by
Hendersonville, Tennessee Personal Injury Attorney Sumner County is a county located in northern Middle Tennessee. Its county seat is Gallatin, but its largest town is Hendersonville. The county is named after American Revolutionary War figure Jethro Sumner. The 2010 Census by the U.S. Census Bureau gives Sumner County a total population of 160,645 broken down by the following: Hendersonville – 51, 372 and Gallatin - 30,278 with the remaining living in the county. Our firm has handled … [Read more...]
