FAMILY LAW LANIS KARNES

WHAT THIS COURSE WILL COVER Parenting plan as of 7/1/14 Statutory Parental Rights as of 7/1/14 TCA (a) (3) (A) Custody Best Interests effective 7/1/14 TCA (a) Marital Dissolution Agreements (MDA) Marital debt Valuation of assets Alimony Contempt

PARENTING PLANS PERMANENT PARENTING PLAN Use the new form 7/1/14 Administrative Office of the Courts website Child Support Guidelines Shoestring budget: Send proposal to opposing party and negotiate until agreement is reached Informal mediation Formal Mediation Trial

Removes legal jargon and replaces it with common, everyday terms. Sets the framework to develop a family reorganization and works to preserve family relationships. Encourages both parents to make their children the number one priority and enables both parents to remain involved in major decisions including education, religion, and medical care. Moves away from the concepts of "custody" and "visitation" to emphasize "parenting responsibilities." Lessens the hostility and encourages parents to work cooperatively in the best interest of their children.

Misconduct Toward Other Parent is not acceptable The new statutory parental rights are found in Tenn. Code Ann. § (a)(3)(A) July 1, 2014 The expanded parental rights impose new mandatory duties, responsibilities and actions that must be performed by the possessory parent. Because the operative word is “shall”, failure to do so could result in a contempt action being brought.

Custody Best Interests The new factors changes child custody, Permanent parenting plan and relocation Effective 7/1/14 TCA (2015)

Marital Dissolution Agreements MDA is contractual agreement Once the trial court approves the MDA it is legally binding Courts cannot rescue a contracting party from an agreement that later turns out to be ill advised Lambert v. Lambert, Tenn. Ct. App., Kirby, J., July 19, 2014 Be specific so as to prevent future litigation

Marital debt All debts incurred in marriage are marital debt. Alford. Alford, 120 S.W. 3d, 810. Allocation of marital debt- use the factors Montesi V. Howard, 780 S.W. 2d 769 Who incurred the debt For what was the debt incurred Which party benefitted form incurring the debt Which party is best able to pay the debt TCA (h) has been amended regarding fault If an order of protection issued in or recognized by this state has been in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce, the court SHALL attribute any debt owed for any batterers’ intervention or rehabilitation programs to the abuser only. Practice point: Tell the Court why the allocation should not be to your client or divided unevenly

7. Valuation of assets Each item should be valued by the party The court is limited to valuing the property between the low value and the high value Have the client testify about the value explaining: The age The condition Where and when purchased What you would pay for it today Vehicle - Number of miles and condition, Blue Book

Alimony TCA (f) (2) (2) (A) An award of alimony in future shall remain in the court’s control for the duration of such award, and may be increased, decreased, terminated, extended or otherwise modified, upon a showing of substantial and material change of circumstances. (B) In all cases where a person is receiving alimony in future and the alimony recipient LIVES WITH A THIRD PERSON, a rebuttable presumption is raised that the support previously awarded is not needed and that the third person is contributing to the support Third person defined: adult child, recipient’s mother, roommate, a minor non relative, live in lover. Maybee v. Maybee (Court of Appeals at Nashville, June 27, 2013) discusses cohabitation

CONTEMPT - Courts have the authority to punish contempt on cases involving willful disobedience to any lawful order, rule, decree or command of the court.. Practice point-- include the standard parental rights in Temporary Parenting Plan Order so that misconduct pending the trial can be punished. A. One could be punished for failing to act, that is, omission to perform an act that it is yet in the power of the person to perform. B. One could be punished for performance of a forbidden act Our Tennessee Supreme Court in Baker v. State[9] has defined the two forms of contempt — civil and criminal contempt The penalty for contempt is usually limited to a fine of $50 and/or 10 days of imprisonment for each contempt. civil contempt that stems from performance of a forbidden act, which could result in the contemnor paying damages, including attorney fees. A possessory parent found in contempt of this provision of the amended statute may have to pay the non-possessory parent’s attorney fees for prosecuting the civil contempt action. The Tennessee Supreme Court has imposed punitive damages as part of the damages awarded to a prevailing party in a contempt case. MDA - incorporated into the final decree of divorce may provide for attorney fees in an action to enforce any provision of the agreement.