In Tennessee, funds or assets received by a spouse from a third party or entity in the form of a gift constitutes separate property meaning a Court cannot distribute any portion of it to the other spouse in a divorce proceeding. The statute defines “separate property” to include “[p]roperty acquired by a spouse at any time by gift[.]” Tenn. Code Ann. § 36-4-121(b)(2)(D) Classification of particular property as either separate or marital is a question of fact to be determined in light of all … [Read more...]
Spouse is not entitled to inheritance as separate property in Tennessee
April 9, 2019 by
In Tennessee, funds or assets inherited constitutes separate property meaning a Court cannot distribute any portion of it to your spouse in a divorce proceeding. This is in contrast to marital property which is any asset acquired during the course of the marriage regardless of how it appears on any title of interest. If you have received an inheritance and wish for it remain separate property, then it is important that you segregate those funds or assets from any joint account or application … [Read more...]
Transmutation of marital property in Tennessee
April 4, 2019 by
What is Transmutation of marital property in Tennessee? Simply put, assume John and Jane are a happy couple looking forward to their wedding day with lofty bliss that forever means forever. John has inherited $100,000.00 from the death of his father and deposited into John's sole checking account. Jane has been successful at her company and participated in a 401k and her pre-marital balance is $50,000.00. John's inheritance and Jane's 401k balance are each separate property that is theirs … [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...]
Elements of burglary in Tennessee
February 18, 2019 by
If you have arrested and charged with any of the graduated levels of burglary, it is important that you are aware of the elements so that you have not been improperly charged with wrong level of burglary. It is necessary to evaluate the facts involved and determine which elements are met to constitute the appropriate level and charge of burglary. The following constitutes the elements of burglary in Tennessee that a prosecutor would have to prove beyond a reasonable doubt: Pursuant to … [Read more...]
Classifications of Theft in Tennessee
February 12, 2019 by
In Tennessee, a person commits "theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." T.C.A. 39-14-103 Theft of services is another classification of theft not involving tangible property. A person commits theft of services who: (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid … [Read more...]
Simple possession in Tennessee
February 7, 2019 by
Simple possession or casual exchange is the lowest drug offense there is in Tennessee. If you did not have enough of a controlled substance on you to be charged with a felony possession, trafficking, or sale charge, then simple possession is another option for the prosecution. What constitutes "simple possession or casual exchange" in Tennessee ? T.C.A. 39-17-418 prescribes simple possession or casual exchange as knowingly possessing or casually exchanging a controlled substance, unless the … [Read more...]
Tennessee Orders of Protection
January 15, 2019 by
An Order of Protection is an Order signed by a judge upon a Petition prohibiting you from contacting or going near another person. Tennessee law on orders of protection are often misunderstood as only applying in circumstances of where a domestic relationship exists. This does not apply in the context of harassment and stalking where an order of protection can be issued without such a domestic relationship.If the victim happens to be a minor child at the time of the incident, then the guardian … [Read more...]
Is the other parent of your child willfully under-employed to avoid paying child support?
January 14, 2019 by
Tennessee courts can modify child support up or down if a parent has a significant change in income. However, courts won't allow a noncustodial parent to decrease child support if he or she is willfully unemployed or underemployed. There are a number of factors to determine whether the other parent of your child is willfully and/or voluntarily unemployed and/or underemployed.The Guidelines do not presume that a parent is willfully underemployed. TENN. COMP. R. & REGS. … [Read more...]
New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer
October 25, 2017 by
In this post divorce matter, Stringer v. Stringer, the mother filed a petition to relocate with the minor child to Texas pursuant to Tennessee Code Annotated § 36-6-108. The statute sets out two different standards for the Court to analyze depending upon whether the parents share substantially equal parenting time. When parents spend substantially equal amounts of time with the child, “[n]o presumption in favor of or against the request to relocate with the child shall arise,” and the trial … [Read more...]
