Middlebrooks and Gray, Family Practice Attorney, Law, Jackson,TN: http://www.middlebrooksandgray.com

Middlebrooks and Gray, Family Practice Attorney, Law, Jackson,TN: http://www.middlebrooksandgray.com

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FAQ

What are my obligations as a client?

You are a vital element to our team and as such we ask that you be honest and thorough in providing factual information as requested.  Notify us if you have a change of address, telephone number or any other personal information.  Cooperating with our attorney allows us to be completely prepared to present our case based on the desired outcome.  We will make sure your expectations are reasonable and throughout the process we will continually advise you based on the facts provided. Working together we will represent you consistent with our ethical practice and the provisions of the law.  

 

What are the requirements to file a complaint for divorce in Tennessee?

To file for a divorce in Tennessee, you must have resided in Tennessee for a minimum of 6 months.  

 

Is spousal support the same as alimony?

After filing for divorce in Tennessee, the money collected to assist with living expenses from the other spouse is referred to as spousal support or alimony.  Various factors are considered in determining alimony payments and may include: standard of living while married, the duration of the marriage, and in the case of both spouses, the age, health, job history and earning capabilities of each. Alimony can either be paid directly by the spouse or through the spouse's employer.  When the employer is involved, the spouse who owes alimony will have the amount deducted from their paycheck and sent directly to the receiving spouse.  This is called wage assignment and is ordered by the judge in consideration of the circumstances.

 

Who decides what happens to our children if we cannot agree on custody or parenting time?

The judge hearing your case will decide custody or parenting time if both you and your spouse are unable to arrive at an agreement.  If need be, a temporary decision can be arrived at when immediate concerns prevent the time needed to arrange for permanent resolution of the dispute.  For example, a judge may decide on a temporary arrangement when deciding where a child will attend school prior to a new school year or to establish orders while the divorce is pending.  In some cases, it may be necessary for the judge to order a psychological evaluation for the entire family or may require the child to be represented by their own attorney.  Expenses associated with the psychological evaluation or child's attorney will be either fully or partially paid by both parents.

 

How is child support calculated?

To protect children, Tennessee law requires both parents to support their minor children.  No consideration is given to whether the child is natural or adopted or if the parents never married.  Child support can be awarded to either party as a result of a complaint for absolute divorce, a legal separation, parentage, or a domestic violence action.  Data such as earnings from both parents, determining who is the Primary Residential Parent and how much time the Alternate Residential Parent spends with the child is taken into consideration.  A computer program is then used to calculate the fair share to be paid from one parent to the other.  While child support is initially established to care for the minor children based on the situation at the time of dissolution, Tennessee law recognizes circumstances can change and therefore allows for modifications.

 

Do I need to wait until my divorce is official before receiving child support or spousal support?

No, your lawyer may request by a motion that the court grant you temporary spousal support and/or child support and will subsequently require your spouse to pay the set amount throughout the divorce proceedings.

 

What does QDRO mean?

A Qualified Domestic Relations Order, or QDRO, is the process of dividing retirement benefits between the two parties as set forth in a special type of court order.  A QDRO ensures that both the employee who has earned the retirement benefits referred to as the "participant" and the other spouse/former spouse refered to as the "alternate payee" receives benefits as defined under the law.  Without the QDRO the employer is legally restricted from distributing benefits to the alternate payee.

 

Are alimony payments tax deductible?

Alimony payments made by you to your former spouse are deductible from your federal income tax return if certain conditions exist.  It is best to consult with your CPA to determine if you qualify to deduct your spousal support payments.

 


 

 

 

Middlebrooks and Gray, Family Practice Attorney, Law, Jackson,TN: http://www.middlebrooksandgray.com

 


DISCLAIMER: This website is not a substitute for a lawyer. Do not try to use this website as a do-it yourself divorce guide.
The information it contains may not be appropriate for your particular situation.

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Middlebrooks & Gray, PA represents people in around West Tennessee including Madison County, Lake County, Obion County, Weakley County, Henry County, Dyer County, Gibson County, Carroll County, Benton County, Decatur County, Henderson County, Haywood County, Crockett County, Lauderdale County, Tipton County, Fayette County, Hardeman County, Chester County, McNairy County, Hardin County and the communities and cities of Union City, Dyersburg, Dyer, Martin, Greefield, Gleason, Paris, Camden, Trenton, Milan, McKenzie, Huntingdon, Humboldt, Three Way, Jackson, Ripley, Convington, Brownsville, Henderson, Lexington, Parsons, Decaturville, Bolivar, Adamsville, Selmer.