March 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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Spring Into Child Support
 by Julia G. Williams
As you know, April 15th is tax day. As April 15th is around the corner, we would like to point out a few family law issues that pertain taxes and to this time of year.
If you have entered into a Permanent Parenting Plan, it most likely requires both parents to exchange tax information. It may be beneficial for you to comply. If circumstances have changed, you may be able to modify child support. Child support may be modified only if a significant variance exists. What constitutes a significant variance depends on whether your child support obligation was established under the flat percentage guidelines (before January 18, 2005) or the income shares guidelines.
For child support orders established under the "old" guidelines, a significant variance exists in several situations. One example is when the alternative residential parent's income changes by at least 15%. Under the "new" income shares model, a significant variance exists when there is also at least a 15% change between the amount of the current support order and the amount of the proposed presumptive support order. For more information, call us or see our child support page at MemphisDivorce.com.
If your child is a high school senior, your child support obligation for that child may terminate in May. In Tennessee, the obligation to pay child support ends when a child reaches 18 or graduates from high school, which ever is later. If your graduating senior is the only child you support, we recommend entering an order terminating your child support obligation. If your obligation to support one child ends, but you support other children, we strongly recommend modifying child support by court order. Remember, even if you and the other parent agree to modify child support, your agreement is not enforceable in court. The parent receiving child support could sue to enforce the original obligation at anytime, which could result in the other parent owing back child support.
Take for example, two hypothetical clients, Bill and Mary. They have been divorced for several years. Their two children, ages 18 and 12, live with Mary. Bill paid $1,600 a month in child support. When the oldest child graduated from high school, Bill used the child support calculator and determined the child support should be modified to $1,100. Mary agreed. For five years, Bill paid Mary $1,100 per month. One day Mary became angry with Bill for something completely unrelated to child support. While bashing Bill at a cocktail party, Mary mentioned to a divorce lawyer that Bill has paid less than the court ordered child support for five years. The divorce lawyer correctly told Mary that because the previous order was not modified in court, Bill has violated the court order and may owe back child support. Mary decided to "get even" and took Bill to court. In this situation the court will take into account that one child graduated. But if the court does not agree with Bill's modification, he could owe a significant amount in back child support.
Entering into a consent order with the other parent is a simple solution to avoid potential pitfalls with modifying child support. In the above example, if Bill and Mary had entered a consent order reducing child support, he would not be liable.
If you would like to discuss the possibility of modifying child support or the mechanics of entering into a consent order terminating child support, please give us a call.
 Justin Thomas Interviewed as Family Law Custody Expert
On March 19, Justin Thomas was interviewed by WREG Channel 3 about the Tennessee Legislature's proposed equal time parenting law. Since the interview, the equal parenting law had an amendment, but family lawyers across Tennessee are still watching its progress. For more about Justin Thomas, see his professional biography page here.
Family Law Case Histories of Note
Laura Audiffred (Bridgewater) v. Jeffrey S. Wertz - M2009-00415-COA-R3-CV View - Williamson County - Upon the parties' divorce, Husband was ordered to pay transitional alimony. Based on Wife's remarriage, and thus, cohabitation, Husband filed a petition to terminate his alimony obligation. The trial court found that Wife had rebutted the statutory presumption that either she was supporting the third person or that the third person was supporting her, such that she no longer needed the alimony awarded. The Court of Appeals affirmed the trial court's denial of Husband's petition to terminate alimony, as well as its denial of Wife's request for attorney fees at trial. However, the Appellate Court awarded Wife her attorney fees incurred on appeal.
Damon A. Tatum v. Mercedeas A. Tatum - W2009-00566-COA-R3-CV View -
Shelby County - Wife filed a divorce complaint in Judge Robilio's court, which she later voluntarily dismissed. Wife then filed a complaint in the Court of the Judiciary against Judge Robilio. Subsequently, Husband filed a complaint for divorce, and the matter was set in Judge Robilio's court. Wife filed a motion to dismiss for insufficient service of process of Husband's divorce complaint, which was denied after the process server identified Wife as the person he had served.
Wife failed to appear at the hearing on Husband's divorce complaint, and a guardian ad litem was appointed. Husband then filed a motion for default. Wife was notified that the default hearing would take place on October 24, but the hearing was actually held on October 23. When Wife failed to appear, a default judgment was entered against her. After entry of the final decree of divorce, Wife filed a motion for recusal, which was denied.
On appeal, Wife claims that service of process was falsified, that she did not receive notice of the October 23 hearing, and that Judge Robilio should have recused herself. The Court of Appeals affirmed the trial court's finding that service of process was properly made, and that a guardian ad litem was properly appointed. The Appellate Court also affirmed the trial court's denial of Wife's motion for recusal. However, because Wife was not afforded notice of the default hearing, the Court of Appeals vacated, as void, the default judgment entered against Wife. This case was remanded for a trial on the merits. All matters, including custody, remain in status quo pending further resolution in the trial court.
Demitra George Hunsinger v. Tony Michael Hunsinger - M2008-02434-COA-R3-CV View - Rutherford County - This is a divorce case. The husband and the wife were married for twenty-two years and had four children together, three of whom were minors at the time of trial. The husband worked in real estate, and the wife was as a homemaker, caring for the parties' children. After discovering that the husband was pursuing other relationships on the internet, the wife filed for divorce. After trial, the trial court entered a permanent parenting plan designating the husband as the primary residential parent for the oldest minor child and designating the wife as the primary residential parent for the two youngest children. The trial court also divided the marital estate, allocating the entirety of a substantial tax debt to the husband. Finally, the trial court awarded nominal alimony in futuro to the wife, finding that she needed it but the husband could not pay for it as of the time of trial. The husband appealed, challenging the parenting plan, the division of the marital estate, and the award of alimony. 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.
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:
- 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.
Mason Teaches Chicago Forensic Accounting Academy
In March, Miles Mason traveled to Chicago for NACVA and taught his usual Day 5 - Matter-Specific Applications. In day 5, the course covers the interface of law and forensic accounting. Below is a picture of the class and photos of views from downtown Chicago.
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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