Modifying Your Child Support In Chattanooga

Child support is the most controversial topic that parents fight over after divorce. Tennessee has “Child Support Guidelines” that courts should utilize to determine how much child support the parent without custody needs to pay weekly.

You can find out the amount of child support you must get with the help of Child Support Guidelines Worksheet. To fill in this worksheet, however, you will need info from the other parent’s financial statement. Since the Child Support Guidelines Worksheet has a built-in calculator you could use it to estimate how much child support the court may order. In some extraordinary circumstances, it could be a different amount.

Usually, the minimal amount of child support paid by another parent and determined by the judge is $80.00/ month. On the other hand, if a non-custodial parent has insufficient means, s/he can be discharged by the court from paying child support at all. But it doesn’t mean that one can simply quit the job not to pay. In case when another parent is unemployed, the court could order him/her to do job searches and to report his task search initiatives to the court.

Child Support: What If The Parent Has Other Children?

If the parent of your child has other children, you might get less amount of child support. Under the Child Support Guidelines, the court has to take into consideration the amount of child support the parent pays under an additional child support order before making a decision the amount of support for your child.

To find out just how this will influence your child support, you should understand how much the parent pays in support for the other children. Subtract that amount from the parent’s income before taxes. Use that number for the parent’s earnings when you use the Child Support Guidelines Worksheet to find out how much support s/he has to spend for your child.

For example, the other parent earns $200/week before taxes, and pays $50/week in support for another child. Deduct $50 from $200, and you get $150. This will be the amount to fill in the line for the parent’s weekly income when you use the Child Support Guidelines Worksheet to figure out how much support s/he must pay for your child.

Can I change my child support order to get more?

You could be able to get more child support if your “financial circumstances” have actually altered a lot from the moment of the last order. Some examples of changes that make a difference are:

  • the other parent’s income goes up by at least 20%;
  • your oldest child turns thirteen;
  • you made at least $20,000 when you got the order and also now you make less; or
  • one of your children was not living with you but has actually now moved back.

The actions to find out if the changes are sufficient to get your child support order changed are:

  • Check the Child Support Guidelines Worksheet.
  • Fill out the new information.
  • Divide the answer you get on the Worksheet or online calculator by the amount of child support you get now.
  • If the answer is 1.2 or more, you might be able to obtain a new order.

You will certainly have to submit a Complaint for Modification to request for a new child support order.

Another important step is to pass a complaint on the other parent with the help of a sheriff or constable and include summons (a document that informs the other parent that the court is going to hold a hearing. At the hearing, the court could make a new order.). If your income is low, submit an Affidavit of Indigency form to ask the state to pay the constable’s fee.

As you can see, modifying the child support is a quite complicated process which requires collecting a lot of relevant information and documents. To avoid any mess with the paperwork or confusion, it is highly recommended to get in touch with a Chattanooga family law attorney. Whether you need a child custody attorney, a divorce lawyer, are trying to prove paternity and collect child support, or are unsure exactly what all might be involved with the impending dissolution of your marriage, your Chattanooga family law attorney at McKoon, Williams, Atchley & Stanley, PLLC will protect your rights, help you pursue what is just, and ensure that your best interests are always at the fore of all proceedings.

 

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Tips To Complete Divorce Faster

Ending marital relationships is generally traumatic for all parties involved in the process – both spouses, children and relatives. When marriage gets to a point where it is impossible to restore it, then divorce might be the only remedy. Besides the psychological pressure, a range of other practical matters– such as the division of property, child support and custody — affect the divorcing couple. For some people, especially in contested divorce, this period turns into a real nightmare. Getting divorced as quickly as possible– while ensuring a fair and also convenient for both spouses settlement– will certainly bring peace of mind as well as reduce stress you and your relatives face.

Tips To Complete Divorce Faster

Tip #1. Be Open To Communicate

Obviously, your marriage hasn’t worked out as you expected it to and now one or both of you has actually made a decision to go separate ways. Try not to let the breakdown of your marriage cause a failure of communication as well. If the divorce was one spouse’s decision, it is OK for the other to experience some shock, despair, or anger, so give him/her some time to recover from the first strike. Many couples stop talking at this moment, and as a result the decisions are made in a highly-emotional state and end up in court. Regardless of how excruciating it could seem, don’t make the blunder of not talking; be open to communicate and act quickly. Discuss exactly how you want to move ahead with the process of divorce and what each of you is hoping for. Getting to agreement on some significant points will certainly help to complete divorce faster, saving your money and time. As soon as you have come to some kind of agreement on the crucial points,  Chattanooga family law attorney about your rights and responsibilities in the present situation.

Tip #2. Think About Divorce Mediation

An option to divorce litigation, mediation entails a neutral third party that helps you to negotiate with your ex and can save you from a lingering dirty fight in court. A mediator is an experienced professional who could bring both sides to the table and help them to reach agreement on contentious problems like child custody and support. On the other hand, your mediator can not give you legal recommendations, so each of you should get an independent family lawyer to guarantee that you  understand the agreement and to protect your interests. If there are still a few problems you cannot solve together with your spouse, you could litigate only those superior concerns and keep the agreements you made in mediation– which will certainly assist in completing divorce faster.

Tip #3. Put Everything in Writing

Though the proceedings may seem not spiteful and you may be getting along fairly well with your spouse, always document all arrangements– ideally in the presence of an attorney. This is particularly true for such serious questions as property division or child support. A written contract makes it tough for anyone to take their words back, which is important to complete divorce faster.  Creating an inventory of and assigning a value to all your marriage assets as well as debts is a must to guarantee that property division is fair. You will additionally have to collect important documents like your marriage certificate, prenuptial or premarital agreement, your children’s birth certificates, house or car purchase and mortgage, joint bank accounts and profiles, etc. Having your documentation organized and recording all the relevant agreements will save time and money in reaching an agreement on the majority of the contested things.

Tip #4. Honesty is The Best Policy

The key to completing divorce faster lies in your ability to be transparent, open, and also straight in communication with your ex-spouse and your legal representative. Share all essential info with your partner and your attorney as withholding or trying to hide it can be harmful to your case. Complete financial disclosure of all marriage assets and debts along with both partners’ income and expenses will enable your family lawyer to develop the best strategy of protecting your interests and rights. If you have children, it is impossible to cut all ties with your ex-spouse. That’s why, lying or hiding some aspects of your married life will  harm your custody or visitation rights.

Tip #5. Remember About The Children

Children can experience actual psychological as well as mental damages from a high-conflict divorce– especially when put in the difficult situation of having to choose in between their parents. You might have noticed that kids have actually been discussed in every of these five tips, highlighting the significance of keeping their best interests and well-being on top of every discussion. While still sharing the same house, never say in front of your children or make them really feel guilty for loving their other parent. Any type of child-related arrangements you make ought to be for their best interests instead of your selfish reasons. An upsetting comment targeted at your spouse could leave an indelible impression on your children for the rest of their lives. Even if the other parent gets primary physical custody, that does not mean the end of your relationship with your children — unless you have a history of addiction, misconduct or neglect. Investing in a specialist for them will help them survive your divorce.
No one wants a divorce to drag on for years. To complete these unpleasant and exhausting process faster you will need a professional and experienced Chattanooga family lawyer you can rely on. Do not hesitate to contact McKoon, Williams, Atchley & Stulce, PLLC and we will do everything possible to complete your divorce faster.
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Who Gets The House In A Tennessee Divorce?

During a divorce, there is typically a fair bit of conflict over the marital property, since the family house is one of the most valuable possessions. In addition to the totally monetary aspects of the residence, leaving or offering the family home can be extremely emotional, particularly when kids are involved. That’s why both parties wonder who gets the house in a Tennessee divorce?

This may upset many divorcing couples, but the truth is that there is no standard or precise answer which would fit every situation. Neither is there such thing as a ‘standard division’ of assets in Chattanooga such as the family house. It always depends on the particular situation of the marriage or civil partnership, and only an experienced Chattanooga family law attorney can help you with that.

Obviously, it is much better to come to an agreement (such as a division agreement) between you and your spouse about the splitting of assets, but when it’s impossible this is where court intervention is supposed to make a fair decision.

What Aspects Court Considers

When a court makes a decision on who get the house in a Tennessee divorce, it typically takes into consideration the following aspects:

  • Whether you have children under 18 in the marriage, their needs and interests, as well as whom they live with
  • The age of each spouse
  • The duration of the marriage
  • The value of properties, both before, throughout and also after the marital relationship– this could also consist of pension plans
  • The potential income of each spouse and their obligations during the marital relationship (such as child-rearing) in the future
  • What each spouse contributed to the marital relationship in terms of financial resources and assets (and also may contribute in the future towards the household’s welfare)
  • The standard of living throughout the marital relationship
  • Disability if any party has it
  • The unfavorable conduct of a spouse (although this is rare)
  • The general needs of each party.

Pay attention, that the first aspect in this list is children. You need to understand that the court will always seek to meet the interests of your children first, and only then the requirements of both parties. If the split of the house is inevitable, you still may have some choices on what to do. Here are some of them.

  1. Buy out your partner’s half of the house

This is a good option as long as you have money in hand or are able to receive a new mortgage. The amount of money you pay doesn’t have to be exactly half the worth of your residence. You can give up other marital property worth about as much as the selling spouse’s share. This could be a share of marital investments or retirement accounts.

2. Sell the house and divide the money

You could release yourself from your ex-partner and also your home if you sell as well as split the money. You will not owe federal tax on your post-divorce residence sale profit if you comply with the following requirements:

– Your profit doesn’t exceed the amount of $250,000 (declaring alone).
– The house was your main place of residence for two of the past five years.
– You have not utilized the home-sale profit exclusion in the past two years.

3. Keep the house until your children move out

When kids are involved, often one parent will stay in the house together with them the other parent moves out during the divorce.

When the kids are grown up and moved out, the ex-spouses sell the home and split the profit. If you’re the one that haven’t lived in the family house in two of the previous five years, you could owe taxes on the profit from the house sale.

4. Keep the house and take turns living there

It’s very rare when a family chooses to keep several houses, but this may happen especially in a high net divorce. The children stay in the original house and also the parents take turns living with them and also staying in their own residences after the divorce. If you split the expenses, you ‘d each deduct the expenses you paid, such as mortgage interest and also property taxes.

Bear in mind that you can only deduct mortgage interest for a house you possess and from a mortgage you’re obligated to pay.

Tennessee family law may be complicated and the correctness of the decision varies from case to case. To make it clear to you who will get the house in your divorce you should get in touch with a Chattanooga divorce attorney. 

McKoon, Williams, Atchley & Stulce, PLLC offers a wide range of services to make sure your children are protected and you get what you deserve.

 

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Legal Issues You Should Take Into Account When Getting Married

Are you considering getting married? Probably you just celebrated a marriage. Now begins is an amazing time of life when a couple gets to celebrate their love with their family as well as closest friends. However, this is also the period when you should take more responsibility and sometimes even say goodbye to your past. The legal side of your life doesn’t stay untouched either. Here are some legal issues you should take into account when getting married.

Taxes

When filing income taxes, make certain that your name and also social security number exactly match  what gets on file at the Social Security Administration (SSA). If you changed your surname after getting married, you must report your name modification to the SSA. When dealing with a name adjustment for marriage, you also have to provide your employer with a new Form W-4.

Your filing status is a determinant when it concerns your tax liability, filing requirements, and also qualification for different tax deductions and credits. Remember that when you as well as your partner marry, your newly combined income could become another tax challenge for you.  When it involves Federal taxes, whenever you get married during the year, you are considered to be”married” for that entire tax year.

Bank Accounts

Very often couples wonder whether to merge their accounts or leave them separate. There’s no 100% right answer, so think about your and your spouse’s interests when making this important decision. What expenses will be paid by what accounts? It’s important to review this issue with your partner prior to getting married to make sure everyone understands their obligations, especially financial ones.

Discuss Debts and Assets

Money is typically at the core of lots of marriage disputes. Prior to you get married, take the time to sit down and discuss how you will manage debt. Handling your partner’s debt can both strengthen or weaken your relationships. With a combined income paying debt off could be easier and quicker. Nonetheless, taking on brand-new financial obligation could hurt your credit score and increase anxiety.

When talking about assets, it is essential to understand Tennessee legislation and have a consultation with Chattanooga family attorney. In our state, asset division is equitable, yet equitable is not the same as equal. Your monetary contribution does not determine the possessions to which you are qualified. If you and also your spouse ever divorce, numerous subjective elements come into play when dividing assets. If you own any property, valuable items or business, don’t delay an accurate valuation.

Prenuptial Agreement

It is typical to think of prenuptial agreement when one or both parents bring business or individual assets into a marital relationship. Prenuptial agreements protect the property and also financial liberties of each partner in case of a divorce. Authorizing a prenuptial agreement is a very personal decision as well as is something that you need to be open about with your future spouse prior to you celebrate a marriage.

Wedding may be the happiest and most important day of your life, but don’t forget that that you will be entering into a legal agreement with your spouse. If you get overwhelmed or confused about exactly what to do regarding these marriage-related problems, or wish to know even more about the laws in Tennessee, get in touch with a Chattanooga family law attorney. Our professionals from McKoon, Williams, Atchley & Stanley, PLLC are more than happy to provide you with legal information on common law marriage. There are many different important legal issues that you and your spouse to be must find answers for.

 

Do I Need A Prenuptial Agreement?

When mentioning a prenuptial agreement, many individuals think only about the financial side of this contract. However, this type of agreement affects not only your money.

The reality is that prenuptial arrangements (which are called “premarital arrangements” in some jurisdictions) could likewise deal with other important matters, such as distributing the tasks between two spouses during the marriage, taking care of children from a previous relationship and keeping family heirlooms in the family. Sometimes these point can be much more important than just defining  assets division or spousal support after a divorce. Knowing the possibilities of a prenuptial agreement is an essential factor in your choice of whether or not to get one.

Right here are 4 main aspects why may need a prenuptial agreement.

 

1. You Want to Ensure Financial Safety For Both Parties

Obviously, a prenuptial agreement certainly brings a feeling of financial protection– specifically in cases where one spouse has much higher earnings compared to the other. On the one hand, the wealthy partner wants to protect his/her property as well as limit the amount and also period of spousal support in case of separation. On the other hand, the partner that does not have so many assets wants a guarantee of economic safety or financial support if their marriage finishes. The end outcome ought to be a sensible arrangement that provides security to both parties according to their specific requirements.

2. Your Future Spouse Has Substantial Financial Debt

One spouse bringing a lot of debt into the marital relationship is a rather common situation nowadays. Sometimes, the other spouse doesn’t even know about the financial debt of the other until they have actually got married. Don’t be afraid to raise this topic before the marriage – everyone has the right to feel confident about their future, especially when it hugely depends on another person. Of course, if the marriage ends, the other partner does not want to inherit their ex-spouse’s debt. A prenuptial agreement could limit the non-debtor spouse’s responsibility and also prevent creditors from seeking marital property to pay off the debt.

3. You Want To Protect Your Assets

A prenuptial agreement can be used to get around the laws regulating asset division and spousal support in some states (ask Chattanooga family attorneys if this is the case in Tennessee). The contract could define exactly how specific marital and non-marital possessions will be allocated when it comes to divorce. An excellent prenup can likewise sustain your estate plan. From professional experience of McKoon, Williams, Atchley & Stanley, PLLC family lawyers,  asset distribution is much less challenging with a legitimate prenuptial agreement, so protect yourself and your assets from messed-up situations later on by signing one before marriage.

4.You Want to Protect Your Business

It’s a natural desire for business owners and entrepreneurs to protect their business they’ve contributed so much into. Divorce can threaten it – both financially and because of interference from ex-spouse (and ex-spouse’s lawyer).  Without a prenup, the marital share of the business can be rather significant, and the non-owner spouse could end up with a considerable portion or even claim to it. This implies that business owner would be forced to buy out their ex-spouse’s share (which could have an extreme impact on the business’ capital) or put up with a potentially vindictive ex interfering in their business’ decision-making process. Developing and signing the detailed prenuptial agreement is vital for business owners; otherwise your business (especially if it’s a small or middle one) can occur under the threat of closing because of conflict or misunderstanding between you and your ex.

These are simply four of the several factors for creating a prenuptial agreement (or a post-nuptial agreement if you’re currently married). When the agreement is finished, you can feel confident that you have actually done your best to protect not only yourself, but also your spouse   in case of future divorce.

At McKoon, Williams, Atchley & Stanley, PLLC, you will find a Chattanooga family law attorney who will guide you through all of your legal options and answer any questions you may have about how various decisions could impact your future and the future of your family.  Don’t hesitate to contact us to find the solution to your issue.

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