Tennessee Child Support Services Lacks Authority to Appeal Over “Client’s” Objection: State ex rel., Thorn v. Gentry

Facts: Mother and Father are the parents of Child. In 1993, when Mother filed a petition to establish paternity and set child support, the Child Support Services office of the Tennessee Department of Human Services intervened on behalf of Mother. Paternity was established and child support was set. Over the next two decades Father was habitually […]

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Tennessee Family Law Update 2011 Seminars Available Online

Reading this blog will keep current your knowledge of the latest developments in matrimonial, divorce, and family law in Tennessee. For whatever reason, not everyone can regularly follow my blog. To help Tennessee attorneys stay informed in this complex area of law, I also present annual continuing legal education seminars. My “Tennessee Family Law Update […]

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Herston on Tennessee Family Law = “Favorite Family Law Blog”

Yesterday I learned that this little blog I started several years ago to help educate those interested in matrimonial and family law in Tennessee was voted a Finalist in the About.com Readers’ Choice Awards in the category of “Favorite Family Law Blog.“ Pretty cool, huh? I’m going to come right out and say it: I want to […]

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Nasty or Nice: What Kind of Attorney Do You Need?

I found the following article by Sharon Zarozny to be of interest. Nasty or Nice: What Kind of Attorney Do You Need? Nasty or nice? What kind of attorney do you need? The answer is . . . a smart attorney. Smart and nice to you is even better. You want someone who specializes in family law. Someone you […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Two

This is Part Two of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part One

This is Part One of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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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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Why Engaged Couples Should Sign a Prenuptial Agreement

The following article was written by Robert DiGiacomo at Bankrate.com: Why Engaged Couples Should Sign a Prenup Although prenuptial agreements are often associated with celebrity couples — and their headline-generating divorces — they’re not just for boldface names. Any couple who brings personal or business assets to the marriage can benefit from a prenup. The […]

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Happy Independence Day!

No blog post on Tennessee divorce law today, folks. Enjoy the holiday and be safe! Information provided by K.O. Herston, Tennessee Divorce Lawyer.

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Garnishing Retirement Accounts to Satisfy Judgment for Attorney’s Fees: Massey v. Casals

Facts: In a post-divorce child support modification proceeding, Father was ordered to pay Mother’s attorney’s fees in the amount of $22,000. To satisfy this judgment, Mother issued garnishments against Father’s E*Trade IRA accounts. Father filed a motion to quash the garnishments, which motion was denied by the trial court. Father appealed. On Appeal: The Court […]

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Modification of Agreed Child Support in Tennessee: Henderson v. Wilson

Facts: Mother and Father married in 1990, had two children, and divorced in 1992. Father was awarded custody and Mother was ordered to pay $50 per week for child support. Mother paid a total of $700, all of which was paid in 2000. Father filed a petition in 2000 to increase Mother’s child support, which […]

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Dependency and Neglect: In re Nirvanna S.

Facts: Mother and Father were parents to two girls, Dreama and Nirvanna (“Child”). Dreama died. A medical examination revealed old and new bruises on several areas of her body, torn rectal tissue, and multiple broken and fractured bones. The Tennessee Department of Children’s Services (“DCS”) brought an action to remove Child from her parents’ custody […]

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Via v. Oehlert

Facts: Boyfriend and Girlfriend dated off an on. While dating, Boyfriend purchased a home–titled in Boyfriend’s name–and Girlfriend lived with him in the home. When they broke up, Girlfriend moved out and Boyfriend lived in the home with another woman. Boyfriend and Girlfriend rekindled their relationship and Girlfriend moved into Boyfriend’s home a second time. […]

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Lawrence v. Lawrence

Facts: While the parties’ divorce action was pending, Mother secretly recorded a telephone call between Father and their 2-1/2 year old child. Mother was not a party to the conversation and Child was too young to consent to the recording. Mother gave the recording to a psychologist for consideration relative to the parties’ custody dispute. […]

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A Primer on Contempt in Tennessee

Contempt is the willful failure to obey a court order when one has the ability to do so.  There are two types of contempt that can occur in any case: civil contempt and criminal contempt.  Many attorneys (and some judges) fail to differentiate between the two, which can lead to problems.  This is exactly what […]

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