New Tennessee law looks at paternity issues

On the legislative news front, the Tennessee House of Representatives today postponed voting on a child support bill that has been much debated by sending it back to the judiciary committee.  The proposed bill would allow a person that is found to not be the father of a child to recover child support payments he had already paid out from the actual biological father. 

The bill is sponsored by Rep. Stacey Campfield (R-Knoxville), and is being debated over the potential psychological impact such actions may have on the children involved.  Democrat Rep. Sherry Jones argues that the bill is “terrible for children” in its ability to tear kids away from the men they’ve known as fathers.  You can follow the bill’s journey by clicking here. 

We can understand both sides of this contested bill – while it must be frustrating to have made child support payments only to discover you are not the biological father of a child, it can be equally emotionally difficult on the child’s behalf to come to the same realization and deal with the consequences of that, including a lengthy legal process that can make it seem to be all about the money to the child. 

The only recommendation we have for this kind of situation is to be sure of paternity before a divorce is final – this way all parties are clear from the get-go, support is being paid from the correct source, and the children are able to come to terms with any changes at an already changeful time in their lives.

Alimony in Memphis Divorce Cases

Many of our contested Memphis Divorce clients have questions concerning alimony. What is alimony? How do I get alimony? Will I have to pay my spouse alimony? And for how long? Before answering any of those questions it’s important for you to understand what exactly is alimony, and what types of alimony there are in Memphis divorce cases.

Alimony is defined as financial support of a former spouse. You generally can have two types of alimony in a Memphis Divorce case, either permanent alimony or rehabilitative alimony. At the Ferrell Law Firm, in Memphis, Tennessee, we represent men and women who are dealing with spousal support issues. We recognize and understand that alimony is a sensitive issue in many Memphis divorces. Because of this we are committed to giving you straight-forward advice on Memphis divorce alimony matters, even if you may not like what we have to say.

Basically, alimony or spousal maintenance is paid by one spouse to help maintain the standard of living their former spouse had during the marriage. However, there are several different forms of alimony:

• Alimony in futuro – This is the type of alimony most people in Memphis think of when they hear the word ”alimony.” This is permanent alimony paid to your former spouse until they die or remarry. While this type of support used to be more common it is not seen as often with couples who have been married a relatively short amount of time.
• Rehabilitative alimony – A dependent spouse may be awarded rehabilitative alimony until they are able to get back into the work force and become sufficient on their own. This type of alimony is often awarded to people who left careers to help raise families. Once the dependent spouse reenters the work force and become self-sufficient again this rehabilitative alimony usually goes away.
• Transitional alimony – This is a type of temporary alimony paid to one spouse for a certain specified period of time while they transition from being married to being single. This is generally a short term alimony.
• Alimony in solido – In some Memphis contested divorce cases, alimony payments may be ordered to adjust for an imbalance in the division of marital property. This form of alimony is more commonly referred to as lump sum alimony. In this type of alimony their is only a one time payment.

Alimony laws in Memphis, Tennessee take a number of factors into consideration when ordering alimony as part of a divorce settlement. However, Memphis divorce courts usually favor temporary and rehabilitative alimony over permanent alimony. We can work with you to understand your situation and help establish a spousal support arrangement that is in your current and long-term interests.

Contact our Memphis, Tennessee, Divorce Attorneys if you are considering divorce and have questions about alimony or spousal support. We can be reached by phone at (901) 754.1340 or on our Contact page.