February 2010
MemphisDivorce.com e-newsletter
The MemphisDivorce.com e-Newsletter is a service provided by Miles Mason Family Law Group PLC to clients, friends, and persons requesting family law updates through e-mail from: www.MemphisDivorce.com. With offices in Brentwood and Memphis, Tennessee we serve Middle and West TN, Northern Mississippi and Eastern Arkansas.
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MASON SPEAKS IN 2010
Miles Mason, Sr. is speaking across the country in 2010. Miles will be an instructor again with the National Association of Certified Valuation Analysts' (NACVA's) Forensic Accounting Academy. Miles usually teaches Day 5 on Fridays, teaching Matter-Specific Applications. This day covers the intersection of law and forensic accounting. You can find out more information on the course here.
The schedule is as follows:
- March 15 - 20: Chicago, IL
- May 17 - 22: New York City, NY
- July 26 - 31: Orlando, FL
- August 9 - 14: Newport Beach, CA
- September 20 - 25: Dallas, TX
- October 25 - 30: Washington, DC
- December 6 - 11: Las Vegas, NV
Miles will also be teaching the International Business Appraiser's (IBA's) Business Valuator Accredited for Litigation (BVAL) Workshop, covering report writing, deposition, and testifying skills for business valuation experts. You can find out more information on the course here.
Dates are as follows:
- August 9 - 14: Newport Beach, CA
- November 15-19: Atlanta, GA
Miles is also a co-chair of the Matrimonial Litigation Tack of the National Association of Certified Valuation Analysts (NACVA) and Institute of Business Appraisers (IBA) 2010 Annual Consultants' Conference June 2-5, 2010 in Miami Beach, Florida at the Fontainebleau Hotel. At the conference on Friday, June 4, 2010, Miles is also co-presenting "10 Ways Attorneys Kill Their Own Experts" with Michael G. Kaplan, CPA CVA CFFA, from Los Angeles, CA. Michael is a great speaker and one of the nation's most respected forensic accountants and business valuation experts. You can find out more information on the presentation here and information on the conference here.
Finally, this year Miles serves on the Tennessee Society of CPA's Business Valuation, Forensic & Litigation Services Committee which plans the TSCPA's Conference on Business Valuation, Forensic Investigation & Litigation Services in October 2010 in Brentwood, Tennessee.
Family Law Case Histories of Note
Elizabeth Leanne Hudson v. Larson Douglas Hudson - M2008-01143-COA-R3-CV View -
Separate Concurring / Dissenting Opinion - View - Davidson County - This case involves an appeal concerning the relocation of Elizabeth Leanne Hudson ("Mother") and her two minor children from Nashville, Tennessee, to Hopkinsville, Kentucky. Larson Douglas Hudson ("Father") opposed the relocation. After a three day bench trial, the trial court granted Mother's request to relocate after finding, pursuant to Tenn. Code Ann. § 36-6-108, that the relocation was reasonable and not vindictive. The trial court also awarded Mother attorney's fees. The Court of Appeals affirmed the holding of the trial court regarding the relocation but reversed concerning the attorney's fees.
Thomas Jerry Wilson v. Regina Dawn Baines - M2009-00249-COA-R3-CV View - Davidson County - Father registered and sought modification of a foreign decree related to custody of the parties' children. Following a trial, the trial court dismissed Father's petition; nevertheless, the trial court, sua sponte, modified the foreign decree. The trial court also awarded attorney's fees to Mother. Father appealed the action of the trial court modifying the foreign decree after dismissing his petition and the trial court's award of attorney's fees to Mother. The Appellate Court affirmed in part and reversed in part the judgment of the trial court.
K.A.G. v. B.L.I. - M2008-02482-COA-R3-JV View - Marshall County - This appeal stems from a paternity action in which K.A.G. ("Mother") filed a petition against B.L.I. ("Father") seeking legitimation of Z.R.G. ("the Child"), her then 14-year-old son, and an award of child support. The parties stipulated that Father was the biological father of the Child based on the results of DNA testing. An agreed order was entered setting Father's current child support obligation under the Child Support Guidelines ("the Guidelines"). Following a hearing on the remaining issues, Father was ordered to pay child support retroactive to the filing of the petition plus 36 months. Father was also ordered to pay a portion of the Child's orthodontic and dental expenses. Mother appealed, contending that the trial court erred in declining to award her child support back to the date of the child's birth. The Court of Appeals concluded that the court abused its discretion in deviating from the presumption that child support should be awarded retroactively to the date of the child's birth. The Appellate Court vacated that portion of the trial court's judgment pertaining to retroactive child support and remanded for a hearing at which the trial court will calculate, in a manner consistent with the Guidelines, the child support due Mother from the date of the Child's birth to the date of filing of the petition.
Donald Ray Mathis v. Marschella June Mathis - M2008-01357-COA-R3-CV View - Rutherford County - In this divorce, husband argues that the trial court erred in rejecting two purported postnuptial agreements, in failing to terminate child support and reduce his alimony obligation during the pendency of the divorce litigation, in ordering rehabilitative alimony, and in ordering the sale of the marital estate. The Court of Appeals concluded that the trial court properly found no postnuptial agreement but erred in ordering the sale of the marital assets. On remand, the trial court must value and divide the marital assets. The Court of Appeals affirmed the trial court's decisions regarding child support and alimony.
Jeannea Lynn Jones v. Kenneth Dale Jones - M2007-01534-COA-R3-CV View - Lawrence County - The trial court granted a divorce to the parents of two daughters. A marital dissolution agreement incorporated into their final decree of divorce provided that each parent would pay one-half of the expenses incurred by their daughters for college tuition and books. After the father refused to pay the tuition expenses of the parties' younger daughter, the mother filed suit to compel him to pay. The father argued that he should not be required to pay for his daughter's tuition, because the mother's job with the university entitled the daughter to a 100% tuition credit. The trial court found that the father was obligated to pay and entered a judgment against him. The Court of Appeals affirmed.
Elliott Kershaw v. Polly Spann Kershaw - M2009-00151-COA-R3-CV View - Davidson County - Father, the primary residential parent, seeks to suspend Mother's parenting time for failure to adhere to the terms of the parenting plan. The trial court suspended Mother's time with the children, fired Mother's treatment counselor, and awarded Father attorney's fees. Mother appealed. The Court of Appeals reversed the trial court's suspension of Mother's parental time. The Appellate Court found that Mother waived her right to challenge the trial judge's impartiality and that the issue of the firing of the counselor was moot. Neither party is entitled to attorney's fees.
Lana Walton Luster v. Kenneth Walton - W2008-02167-COA-R3-CV View - Shelby County - This is a post-divorce child support modification case. The trial court relied upon the parties' private agreement to modify child support, but failed to determine if the amount agreed to be paid complied with the Tennessee Child Support Guidelines. This matter was vacated and remanded by the Court of Appeals.
Gena Maglio Chiozza v. Christopher Alexander Chiozza - W2008-02415-COA-R3-CV View - Shelby County - This case arises from a post-divorce motion to modify child support to include payment of the minor children's private school tuition. Because Appellant/Father's brief failed to comport with Tenn. R. App. P. 27 and Rule 6 of the Court of Appeals, and because Appellant/Father failed to comply with this Court's order to supplement the appellate record with necessary documents, the Court of Appeals dismissed the appeal. Mother/Appellee requested attorney's fees accrued in defense of this appeal. Pursuant to Tenn. Code Ann. § 27-1-122, the Appellate Court exercised its discretion and awarded Ms. Chiozza her fees, and remanded for the determination of the amount of those fees.
Sandra Peterson v. Robert L. Peterson - M2008-00631-COA-R3-CV View - Montgomery County - This is a post-divorce petition for contempt. In the divorce decree, the mother was designated the primary residential parent of the three children; the father had standard alternate parenting time and was ordered to pay child support. After the divorce decree was entered, however, the parties and the children continued to cohabit for about five years. During this period of cohabitation, the father did not pay the mother the court-ordered child support, but instead provided necessities for the family. When the father moved out of the home, he began to pay some child support but did not pay the full amount due under the divorce decree. The mother filed a petition seeking to hold the father in contempt of court for failure to pay child support. The trial court referred the matter to a special master. In calculating the father's arrearage, the special master reduced the amount of child support owed by the father based on the dates on which each child reached majority. Over the mother's objections, the trial court adopted the special master's report in full. The mother appealed, arguing that the trial court erred in reducing the father's child support obligation based on the dates on which the children reached majority and in declining to grant her request for attorney's fees. The Court of Appeals affirmed the trial court's calculation of the father's child support arrearage, but reversed the denial of
attorney's fees to the mother, based on the provisions of the marital dissolution agreement.
Patricia Anne Gho Massey v. Gregory Joel Casala - W2008-01807-COA-R3-JV View - Shelby County - This is a child support case. The mother filed a petition to increase the father's child support obligation, alleging that he had misrepresented his gross income. After an evidentiary hearing, the juvenile court judge entered an order finding that the father's testimony was not credible and that he earned significantly more income than he previously represented. The order increased the father's monthly child support obligation, retroactive to the date of the filing of the mother's petition. It also required the father to pay for the child's private school tuition, and awarded the mother her attorney's fees. The father appealed, arguing inter alia that the trial court erred in not using evidence such as his tax returns to determine his income, in not finding the mother voluntarily underemployed because she worked part-time, and in requiring him to pay private school tuition. The Court of Appeals affirmed. Why Do We Pick These Particular Cases? Each month, many appellate decisions are available from which to choose. We include in the e-Newsletter all family law cases from the Supreme Court of Tennessee, most appellate cases originating from Shelby, Davidson, and Williamson County Circuit and Chancery Courts, and a handful of cases from across the state and occasionally from across the U.S. Our goal is to provide an array of cases most likely of interest to our readers.
Linked In? Yes!
LinkedIn is the world's largest professional network with over 50 million members and growing rapidly. LinkedIn connects you to your trusted contacts and helps you exchange knowledge, ideas, and opportunities with a broader network of professionals. Expand your store of professional contacts by networking with Miles Mason Family Law Group, PLC at LinkedIn!  | Miles Mason, Sr.
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Travels with Miles: The JAPANESE GARDENS IN HOUSTON, TEXAS
In January, Miles Mason attended a NACVA Forensic Accounting Academy planning meeting in Houston, Texas and had a few extra minutes to visit Houston's Japanese Gardens in Hermann Park. Here are two photos from that trip. "Japanese gardens challenge our western concept that nature should be enjoyed in its untouched state and that all human impact lessens its beauty. The study of Japanese gardens combines the artistry of the designer with Japanese history, philosophy and symbolism to create something more than a natural setting," said Miles.
Miles Mason Family Law Group PLC
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901.683.1850
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