RICHTER FAMILY
LAW GROUP, P.C.

No one really likes to pay child support. It is, perhaps, one of the most contentious issues in cases involving children. In my practice, I have discovered several reasons for this. First, when child support is paid, it is paid to the other parent. The greater the animosity between the parents, the more difficult it is to make those payment. It creates the illusion that the person paying the child support is actually paying the money for the benefit of the other parent a

The structure of our court system is much like the layers of a five layer wedding cake. The bottom layer consists of the municipal or city courts. These courts usually handle traffic tickets and violations of city ordnances. Some, however, are vested with the same authority over criminal cases as the next level of courts. The next level consists of the general sessions courts. These courts are courts of general jurisdiction and handle both criminal and civil cases occurr

In Tennessee, courts are required to equitably divide marital property between the parties in a divorce. The key word is equitable. Equitable does not necessarily mean equal. The court will usually attempt to determine the value of all marital property and then attempt to determine the proper division of that property by using eleven factors set forth in the divorce statutes. It follows then that first step in dividing property in a divorce case is to determine what prope

In most families, grandparents play a significant role in the lives of grandchildren. I have some great memories spending time with my grandparents growing up in Nashville. I was lucky to have both sets of grandparents until I was well into my twenties. In some families, however, grandparents are at odds with the parents and the relationship between the grandparents and the grandchildren is affected. When this happens, the grandparents may be required to resort to the cou

When I began practicing law in 1992, adultery was a big deal in divorce cases. Not so much anymore—at least not as a ground for divorce. It is still important in certain cases, though. In long term marriages where the parties are disparately situated financially, adultery can serve as a factor in whether alimony will be awarded. The biggest advantage to the innocent spouse is the tactical advantage gained by the guilty spouse’s desire to keep the extramarital dalliance fr

Alimony is available in Tennessee in appropriate divorce and legal separation cases. A number of factors go into determining an award of alimony. The most important factor is the need of the spouse seeking alimony and the ability of the other spouse to pay the alimony. There are four types of alimony in Tennessee. The first type is called alimony in futuro, also referred to as periodic alimony. The second type of alimony is referred to as rehabilitative alimony. The thir

In Tennessee, child support is based in part on the relative incomes of the parents. But what happens if one of the parents is not working up to their potential? What if one of the parents quits a lucrative job and takes a lesser paying job, or perhaps just quits working altogether? The court will not automatically assume a parent is voluntarily unemployed or underemployed just because they may not be working up to their potential. In determining whether a parent is undere

In Tennessee, one out every three children are born to unwed parents. That is a staggering number. Many of these children will go through life without knowing their father. Many of the fathers will never get to know their sons and daughters. Statistics show that children whose parents both play a role in their lives are only 20% likely to have contact with the juvenile justice system, while those children who do not have both parents in their lives have an 80% chance of c

Courts will not change a child’s last name unless the change promotes the child’s best interest. When I first began practicing law, it was commonplace for the last name of a child born out-of-wedlock to be changed to the last name of the father. The name change would occur when the court determined the identity of the child’s father through a paternity case. In those days, before DNA testing, the finding of paternity was usually by a blood test. Until 1993, most courts con

In Tennessee, the parent with the majority of parenting time is always designated as the primary residential parent. Generally, both parents will make decisions regarding the day-to-day care of their children while the children are in their custody. It follows then that the parent who spends the most time with the children, that is, the primary residential parent, will have more opportunity to make those day-to-day decisions. But what happens when both parents have equal p