Change of Child Custody Reversed in Tennessee: Tomlin v. Leamon

Facts: Mother and Father are the divorced parents of two children. Mother was the primary residential parent. In a post-divorce proceeding, Father sought to change custody such that he would be the children’s primary residential parent. Father argued that a change in his work schedule allowed him to spend more time with the children. After […]

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Trial Court Reversed for Failing to Use Child Support Worksheet: Devore v. Devore

Facts: In a post-divorce petition, Husband sought to modify his child support obligation to reflect the emancipation of the parties’ oldest child. Wife counter-petitioned for contempt, alleging that Husband had failed to pay various expenses required by their marital dissolution agreement (“MDA”). After a hearing, the trial court held that the unpaid expenses Husband owed […]

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Equal Parenting Time Reversed in Tennessee Divorce: Shultz v. Fuller

Facts: Mother and Father divorced and entered an agreed permanent parenting plan designating Mother as the primary residential parent but awarding Father 120 days per year of co-parenting time. Shortly thereafter, both parents lodged petitions against the other alleging contempt for a variety of claimed sins of omission and commission. ¬†Eventually, both parents filed motions […]

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Long-Term Alimony Affirmed Post-Gonsewski: Gorman v. Gorman

Facts: Husband and Wife divorced after 15 years of marriage. While both parties hold master’s degrees in civil engineering, Wife had been a stay-at-home parent to the parties’ two children for the last twelve years of the marriage. Unable to find a job as an engineer after being out of the workforce for so long, […]

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Post-Divorce Modification of Alimony Reversed: Jekot v. Jekot

Facts: Husband and Wife divorced after nearly 30 years of marriage. At trial, Wife was awarded rehabilitative alimony of $15,000 per month for the first 12 months, $10,000 per month for the next 24 months, and $5,000 per month for the final 24 months. Husband appealed. The Court of Appeals modified Wife’s alimony award from […]

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Criminal Contempt and Violation of Order of Protection in Tennessee: Furlong v. Furlong

Facts: Husband and Wife separated. Wife obtained an order of protection against Husband after claiming she was “extremely afraid” of him. While the Order prohibited Husband from “coming about” Wife and gave her exclusive possession of the marital residence, it also directed Husband to come to the marital residence to repair Wife’s automobile and identified […]

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Support for Severely Disabled Child: Shaw v. Shaw

Facts: Mother and Father divorced in 2006. At the time of divorce, their severely disabled child was 18 years old. After a trial, the trial court ordered Father to pay child support, even though the parties’ child was over 18 and, therefore, emancipated. In 2010, Mother filed a petition to increase Father’s child support. After […]

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Long-Term Alimony in Tennessee: Gonsewski v. Gonsewski

Facts: The parties were divorced after a 21-year marriage. Wife was granted the divorce because of Husband’s inappropriate marital conduct. Both had been employed throughout the marriage. Husband earned $138,000 per year, including a $38,000 bonus that was not guaranteed to recur in the future. Wife earned $72,000 per year. In dividing the marital property, […]

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Federal Income Tax Exemption and Child Support in Tennessee: Crews v. Staggs

Facts: Juvenile Court ordered a Parenting Plan for Mother and Father that established Father’s child support obligation. After a hearing, the trial court determined the federal income tax exemption for Child would be rotated yearly between the parents. Mother appealed. On Appeal: The Court of Appeals reversed and remanded. Setting child support is a discretionary […]

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Termination of Parental Rights and Res Judicata in Tennessee: In re Shyronne D.H.

Facts:¬†Following an incident with one of her children, Mother was charged with aggravated child neglect and aggravated child abuse. Mother pleaded guilty to aggravated assault and was sentenced to six years’ incarceration. In a separate proceeding, Mother’s children were determined to be dependent and neglected and victims of severe child abuse, and Mother filed a […]

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Equitable Division of Property and Alimony: Phelps v. Phelps

Facts: After a 19 year marriage, Husband and Wife were divorced. After Husband’s father died in 1997, Husband began exhibiting signs of mental illness. Husband began showing symptoms of obsessive-compulsive disorder. According to his own appellate brief, he “felt the need for the home to be spotless and germ-free for [the child] and himself. He […]

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Modification of Parenting Schedule: Schreur v. Garner

Facts:¬†Mother and Father divorced in 2007. Father was named the primary residential parent of their two children. Mother had the children on extended alternating weekends (Friday to Tuesday) and one overnight visit the following week. Mother filed a petition seeking a modification of the parenting schedule to alternating weeks and requesting that she be named […]

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