The Tennessee Court of Appeals at Jackson, in Holdsworth v. Holdsworth, 2015 Tenn. App. LEXIS 424 recently considered whether the trial court’s award of alimony in futuro of $4000 a month until her death or remarriage was appropriate. The parties were married about 17 years before the Husband filed for divorce. They had one child.
With all of the court drama on TV, including Judge Judy and our own Judge Joe Brown, you might be wondering what to expect if you are not able to work out a settlement in your divorce case. To begin with, the trial will be before the Judge, not a jury. The general practice is.
In Shelby County, Tennessee, after a divorce Complaint is filed, a party may seek temporary child support or alimony to be paid until the case is concluded and a Final Decree of Divorce is entered. If there are children, then a parent can move for temporary child support and the Judge will refer the matter.
Marital property can also include a personal injury, workers compensation, social security disability action and other settlements for wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property. Under the law, when deciding whether another spouse has substantially contributed to the increase in value.
The Tennessee Department of Human Services (“DHS”) has set up a child support worksheet form that assists with the calculation of child support. In order to complete the worksheet, the number of days each parent has with the minor child or children must be entered. A noncustodial parent may be entitled to a credit on.
When the mother and father are divorcing, or if they were never married, and a custody decision is sought in the courts, under Tennessee Code Annotated 36-6-106(a), the courts will apply a best interest of the child analysis in order to determine which parent should have primary custody or if the parents should have joint.