April 2010
Miles Mason Family Law Group
e-newsletter
The Miles Mason Family Law Group E-Newsletter is a service 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.
MemphisDivorce.com / / Meet the Team / / Areas we Serve 
New Firm Name, Same Great Team!
On April 1, 2010, the Crone & Mason, PLC Family Law Practice Group becomes the Miles Mason Family Law Group, PLC with the same great team and addresses. After 15 years together, Alan Crone leaves us to join Bruce Kramer and form Kramer+Crone, PLC. We are excited for Alan and wish him well.
Thank you to Kristen, Amy, and Ben at CS2, our advertising firm, who assisted us with our new logo.
Thank you to John Snyder who is helping us with our real estate needs. Thanks to his efforts, we are able to stay in Clark Tower for another 5 years and we are negotiating for exciting new space in Brentwood.
Thank you to Patrick Mason, my brother and attorney.
Special thank you’s to Jill and Sharon. During the transition, it has not been without its obstacles. Both have been consistently supportive and helpful.
Discovery Process can be Taxing
 by Justin K. Thomas
For many small business owners and others, preparing and filing tax returns is both a burden and a source of stress.
The discovery process in a divorce case can also be a burden for litigants. That process usually first consists of each spouse issuing “discovery” to the other party in the form of Interrogatories and Request for Production of Documents, i.e. questions. Those questions commonly request financial information and documentation going back several years, including but not limited to, loan applications, bank statements and credit card statements. The answers to Interrogatories must be answered under oath and both the answers to Interrogatories and responses to Request for Production of Documents must be completed within thirty days.
The good news for our clients is that although the discovery phase of a case may be a burden to some clients, attorneys and/or other firms, we have a specific system set up to help our clients timely and efficiently complete their discovery responses. Our team of paralegals and attorneys are very skilled in assisting clients in the completion of discovery and in turn, relieving the burden that is often placed on clients during that time period.
Here’s to hoping you have a team of professionals to assist you in preparing your 2009 taxes!
Family Law in the News
Split the Baby Bill Defeated. A controversial custody bill was defeated in the Senate Judiciary Committee. The bill, appropriately deemed the “split the baby” bill, after King Solomon’s solution to two mothers arguing over who was a child’s mother, would have given parents equal parenting time in a divorce. If the bill had passed, judges would be required to award parents equal parenting time unless one parent proved the other was unfit. The Tennessee Bar Association Family Law Section opposed the “split the baby” bill.
Judge Sued Over Role in International Custody Dispute. A Williamson County Circuit Court judge is being sued in both federal and state court by a father who claims the judge’s actions allowed his ex-wife to abduct his children. The judge, who served as mediator during the parties’ divorce, later released the children’s Japanese and U.S. passport’s to their mother over their father’s objection. To read the full story, see this article at The Tennessean.
Family Law Case Histories of Note
Marn Suzanne Larsen-Ball v. William Gordon Ball - E2007-02220-SC-R11-CV View Knox County - This case required the Tennessee Supreme Court to construe Tennessee Code Annotated section 36-4-121(b)(1)(A) to determine whether a $17 million attorney fee acquired by Husband after Wife filed a complaint for divorce but before the final divorce hearing is “marital property” and therefore subject to equitable division. The trial court classified the attorney fee as marital property and awarded approximately sixty percent of the marital estate to Husband and forty percent to Wife. The Court of Appeals affirmed the trial court’s classification of the attorney fee and its division of the marital estate. The Tennessee Supreme Court held that the attorney fee was marital property and that the evidence did not preponderate against the trial court’s division of the marital estate. The Supreme Court of Tennessee therefore affirmed the judgment of the Court of Appeals.
Alanna Christy Daniels Howe vs. John Ashley Howe - E2008-02580-COA-R3-CV View Hamilton County - In this divorce action, after a long and contentious trial, the Trial Court awarded the mother the divorce and awarded custody of the parties' minor child to the father. The sole issue on appeal by the mother was the award of custody to the father. The Court of Appeals affirmed the Judgment of the Trial Court.
Andy Jackson Truman vs. Sandra Marie Truman - E2009-00237-COA-R3-CV View Hawkins County - Andy Jackson Truman (“Husband”) filed a complaint for divorce against Sandra Marie Truman (“Wife”). Following a bench trial, the court (1) granted Wife an absolute divorce on the ground of inappropriate marital conduct, (2) divided the marital assets, (3) allocated the marital debt, and (4) awarded Wife rehabilitative alimony and alimony in solido. Husband challenged each of these determinations. The Appellate Court affirmed.
Ryan Huntzinger v. April Parham - M2009-00045-COA-R3-CV View Maury County - This is a child custody case. Appellant Mother appealed the trial court’s grant of primary residential custody to Appellee Father. The parties were never married and custody of the minor child was initially with the mother pursuant to Tenn. Code Ann. § 36-2-303. Father later petitioned the court to establish paternity and to enter a permanent parenting plan, designating Father as the primary residential parent. Because there was no prior custody determination, the trial court correctly applied the comparative fitness and best interest analysis in reaching its decision. Tenn. Code Ann. §§ 36-6-101(a)(1), 36-6-101(a)(2), 36-6-106. Mother appealed. Finding that the evidence does not preponderate against the trial court’s decision, the Court of Appeals affirmed.
Kimberly Yvette Amos v. Kevin Jeray Amos - M2009-00777-COA-R3-CV View Rutherford County - In this marriage of short duration, the husband contends that the trial court erred by not dividing the property in a way that, as nearly as possible, placed the parties in the same position they would have been in had the marriage never taken place. Specifically, Husband contends that the trial court failed to take into consideration his substantial contribution to the acquisition of the marital residence. Wife also appeals the trial court’s division of property asserting that the trial court should have awarded her a portion of Husband’s retirement account and stocks acquired before the marriage that had grown in value during the marriage even though no contributions had been made during the marriage. The Court of Appeals determined that the trial court expressly noted the short duration of the marriage but failed to properly apply the relevant factors as stated in Batson v. Batson, 769 S.W.2d 849, 859 (Tenn. Ct. App. 1988) to divide the property in a way that, as nearly as possible, placed the parties in the same position they would have been had they never married. Therefore, the Court of Appeals modified the division of the marital property and affirmed the trial court in all other respects.
Rosanne Bucaro v. Jeffrey Robert Bucaro - M2009-00432-COA-R3-CV View Williamson County - Husband sought to modify his alimony payments because of a significant change in income. The trial court dismissed Husband’s petition, awarded Wife a judgment for unpaid alimony, and ordered Husband to pay the judgment within ninety days. The court also denied Husband’s request for the elimination of his obligation to pay his daughter’s college tuition. Husband appeals the trial court’s failure to reduce his alimony, its order that he pay the alimony judgment within ninety days, its failure to relieve him of his obligation to pay his daughter’s tuition, and its award of attorney fees to Wife. The Court of Appeals affirmed.
Nancy Chandler Small v. Daniel Wallace Small, Jr. - M2009-00248-COA-R3-CV View Davidson County - In this divorce action, Husband appeals numerous holdings of the trial court, including: the ground upon which the divorce was granted; the nature and amount of spousal support; the determination of the amount of marital property and the division of marital assets and liabilities; certain aspects of the parenting plan ordered by the court; and the entry of the final decree of divorce retroactive to the date the court entered its findings and conclusions. Finding that the trial court erred in the amount of earning capacity imputed to each party, the awards of spousal and child support are reversed and remanded for re-determination. Finding that the trial court erred in the determination of the marital assets, the division of marital property is reversed and remanded for reconsideration. Finding that the trial court erred in imposing a restriction on Husband’s visitation and in setting the parenting schedule, those matters are reversed. Finding that the court did not err in ordering Husband to maintain life insurance for the benefit of the child, entering the final decree nunc pro tunc, and in its credibility determination regarding Husband, those judgments are affirmed. Husband’s appeal of the trial court’s grounds for divorce is determined to be moot. The court’s determination to award counsel fees to Wife is affirmed and the issue remanded for re-determination of the amount to be awarded; Wife’s request for attorney’s fees incurred on appeal is granted and the matter remanded to the trial court for a determination of the amount to be awarded.
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.
Miles Mason Speaking Engagements 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.
American Bar Association Family Law Section Conference – Spring 2010
As part of our firm’s continuing commitment to training, all four lawyers of the Miles Mason Family Law Group attended the ABA Family Law Section’s Spring Conference in New Orleans. Miles said of the conference, “The CLE provided by the ABA Family Law Section is the best anywhere. I was very pleased all of our lawyers were able to attend. We enjoyed learning in a great city with great weather. The classes we attended were exceptional, as usual.” After classes, the team was able to leisurely enjoy the French Quarter, walking around and seeing the sites. Miles added: “It was also great to see friends again. My favorite part of our commitment to the ABA FLS is the relationships we enjoy with lawyers all around the county. It is rejuvenating to catch up.”
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.
 | | Justin Thomas
|  | Christina Terrell
|  | Julia Williams
|  | Jill Lee
|  | Sharon Mason
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Miles Mason Family Law Group PLC
Memphis Office
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901.683.1850
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(615) 679-4700
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