Articles

FAMILY MATTERS: Inconvenient Forum – Tennessee Bar Association

January 1, 2017

In the area of family law, an infrequently used provision, but an important one nonetheless, is the doctrine of inconvenient forum, which permits a court in Tennessee to decline jurisdiction in a custody case if the court determines that, though it is a permissible forum to hear the matter, Tennessee is not the best court […]

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Finding and Defining Income Available for Support – Tennessee Bar Association

August 31, 2016

If a court needs to determine the income available for support, hereinafter referred to as IAFS, of a parent with a fixed salary or hourly wage from an employer, the calculation is relatively simple and the subsequent formula straightforward. However, if a party is self-employed and/or the owner of a business, manipulation of IAFS through […]

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QDRO and State/Local Government Pensions – Tennessee Bar Association

April 30, 2016

On July 1, 2015, the General Assembly enacted new legislation that addressed the division of public employee pension plans during the course of divorce proceedings. Section 26-2-105(d)(1) of the Tenn. Code Ann. now provides that “a local government that establishes and maintains for its employees a qualified plan, and the qualified plan’s administrator, shall honor […]

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Recent Recalculation of Retirement: Employment Benefits as Separate Property – Tennessee Bar Association

January 1, 2016

In the last legislative session, the Tennessee General Assembly modified the existing statute regarding the definition of marital property, specifically as it relates to various types of retirement accounts and stock options. The legislature adopted a position that altered how the distribution of such assets would be conducted, primarily focusing on assets that were possessed […]

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What ‘Obergefell v. Hodges’ Means for Tennessee – Tennessee Bar Association

August 3, 2015

As virtually everyone in the country as well as in Tennessee will have noted, at the end of June the United States Supreme Court ruled, in Obergefell v. Hodges, that same-sex couples have the constitutionally protected right to marry. The issue of gay rights has become the preeminent civil rights issue of this generation and […]

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Perfecting Protection – Tennessee Bar Association

April 30, 2015

In Tennessee, a party may take protective action from another person short of filing a criminal warrant by requesting an Order of Protection from the appropriate jurisdictional authority. Despite the fact that an Order of Protection does not carry the immediate danger of incarceration or a criminal record, an Order of Protection is a powerful […]

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Can Criminal Contempt Create Compliance? – Tennessee Bar Association

January 1, 2015

How can a party or attorney in a family law case effectively use criminal contempt as a means of getting a positive result from the other party? When a person is determined to be in willful violation of an order of the court, that person may be held in either criminal or civil contempt. A […]

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Steady She Is

December 17, 2014

When Marlene Eskind Moses saw her client struggling – the woman was fighting drug addiction and was devastated after losing custody of her child – her social work background kicked into high gear. Fueled by a desire to give the young mother more than just legal advice, Moses helped her get treatment at a rehabilitation […]

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Forced Marriage – Tennessee Bar Association

August 31, 2014

Forced marriages may seem to those in the United States like a remote problem that largely takes place in other parts of the world. When one reads new stories of child brides and scant civil or human rights regarding marriage, even in the modern era, most people envision a place that is very far away […]

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Electronic Surveillance in Family Law – Tennessee Bar Association

April 30, 2014

As everyone is aware, the use of electronic technology in business as well as people’s personal lives has grown beyond anyone’s imagination in recent years. With this rise in the use of various forms of technology, people often forget that what you use a computer for and what you store on a computer are just […]

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