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Chattanooga Criminal Defense and Family Law Blog

Why might a request for spousal support be denied?

When spouses in Tennessee divorce, they may choose to incorporate a spousal support agreement into their final divorce decree. They may come to terms on how much money one party should pay to the other and for how long those payments should continue. If the parties do not work out such matters on their own, one of the parties may ask their family law court to award them spousal support from their soon-to-be ex-partner.

Spousal support is generally awarded when one of the parties to a divorce will be financially disadvantaged by leaving their marriage. This may be because the requesting party gave up their paying job to become a stay-at-home parent or because the party that will pay spousal support earns significantly more money than the other. Before spousal support is awarded, though, a court will carefully analyze if such an action is warranted.

Understanding child support and spousal support

When support is offered from one person to another, it is generally the supporter is providing the other with something that they need. "Support" can be financial or emotional, physical or spiritual. It may fulfill an important necessity in the life of a Tennessee resident.

Individuals who have dealt with family law proceedings in the courts of the state may have heard the term "support" used in different contexts. Particularly, there are two distinct forms of support that courts may award in proceedings related to divorce and child custody. These two common forms of judicially mandated support are child support and spousal support.

Don't let DUI problems ruin your social life

As summer winds down in Tennessee, you might be one of many people trying to get in as much fun and relaxation as possible before school, work and other obligations are back in full swing this fall. It can be a lot of fun to meet up with friends for a few drinks, perhaps at your favorite hot wings pub where you can watch a game on TV while you socialize.

If you plan to imbibe alcohol while you are out on the town, it pays to think ahead and take steps to avoid drunk driving. You are likely well aware of the potential physical dangers associated with drinking and driving. In short, you might wreck and cause yourself, your passengers or other nearby motorists or pedestrians, serious or even fatal injuries.

How serious is underage drunk driving in Tennessee?

Any drunk driving arrest and conviction can have long-term consequences on the life of the affected individual. This can be especially true of the person in question is under the age of 21 when their alleged drunk driving arrest takes place. Tennessee has in place strict laws that can prevent young alleged drunk drivers from exercising their driving privileges and imposing upon them other penalties for their purported conduct.

For example, Tennessee has enacted a "use/lose" law. Laws of this type generally suspend the driving privileges of young drivers who are caught trying to buy or consume alcohol before they turn 21. To this end, the state finds underage drinking on its own punishable regardless of whether the alleged perpetrator was attempting to drive or not.

Striking the right balance in a physical custody arrangement

It can be very hard for people going through a divorce to divide up their lives after spending years together in a committed marriage. They may fight over which of them will keep their marital home, and they may disagree over how their shared property should be separated between them. One matter that can be particularly hard for Tennessee parents to agree on is how they should split their time with their children after a divorce.

Child custody can be one of the most contentious issues a couple works through pursuant to their divorce. While parents often want what is best for their kids they may feel that the time that has been allotted to them to be with their children is insufficient. Especially when one parent is granted sole physical custody and the other is granted visitation rights, the noncustodial parent may feel as though they do not have a large enough presence in the lives of their offspring.

What does 'drug manufacturing' mean?

Manufacturing is often a concept that applies to the building of goods like automobiles. When a Tennessee resident thinks of something that has been manufactured they may picture in their mind a large warehouse or industrial facility where machines push metal and other supplies along in order to create a finished product. However, manufacturing can have a criminal connotation when it comes to drug crimes.

Drug manufacturing is a serious criminal offense that can result in imprisonment upon conviction. There are a number of elements that prosecutors must prove in order for a defendant to be convicted of such a crime, and readers are asked to seek professional guidance to better understand the particular of their drug charges. This post will generally discuss how drug manufacturing cases are built against individuals.

Allegations of domestic violence can impact child custody rights

Preserving one's access to their own children following a separation or divorce can be a significant priority to a Tennessee parent. In most cases a parent can, at the very least, preserve visitation time with their child if a court finds that such contact will serve the child's best interests. However, in some cases certain allegations can limit or even curtail a parent's desires to be with their children and can even cut off their parental rights.

Allegations of domestic violence are very serious. As previously discussed on this blog, a claim of domestic violence can lead to criminal prosecution, the limiting of a person's rights and impositions against them when it comes to where they may live and when they may have contact with their loved ones. It can also impact how a court rules in a case of child custody if one of the parents has been accused of committing violence against the other or of putting their child in harm's way.

Is it time to tell your children that you're getting divorced?

Most Tennessee parents would agree that numerous types of issues could arise in life that they don't share with their children. For instance, if you have money problems, you may tell your kids that you'll be cutting back on social events or spending, but you might not necessarily give them the finer details of your situation so as not to worry them or place undue burdens on them that they aren't mature enough to handle. 

If you're getting divorced, your children must know. It's understandable that you might worry about discussing the issue with them, especially if you think one or more of them will have a negative reaction. There are several things to keep in mind when talking to kids about divorce. This post is designed to help you determine how to approach the topic with various age groups. You have hopefully begun to build a strong support system as well, to help you and your kids adapt to a new lifestyle. 

Take the conflict out of your divorce with mediation

Despite what Tennessee residents may hear, not every divorce has to be a knockdown, drag-out battle between two people who once vowed to love and support each other for the rest of their lives. People change and when they do they may find that the relationships that they are in are not compatible with the futures that they see for themselves. Divorce facilities change, and in some cases that change can be accomplished without fighting.

Divorce mediation may be an option for couples who want to end their marriages but want to avoid the time, money and emotions of a courtroom divorce. Litigated divorces are generally what people may consider traditional divorces: two people appear before a judge who has the authority to decide what will happen to their property, assets and even children. In a mediated divorce, however, the parties to the proceedings work together out-of-court to make collaborative decisions about what will be best for them in their post-divorce lives.

Illegal traffic stop searches may result in drug charges

Although law enforcement investigations can focus on certain drug charges like possession and distribution, many alleged drug charges are actually the product of secondary investigations. For example, a Tennessee police officer may pull a driver over for speeding only to allege that they saw drugs or drug paraphernalia in the cab of the driver's vehicle. Depending on the reason for the stop, a law enforcement officer may engage in a much more invasive search.

The Fourth Amendment protects individuals from unreasonable searches and seizures. That means that there must be a justifiable reason for a law enforcement official to have the right to search one's car. A search may be justified if a person allows the officer to engage in the search, if the officer believes that their safety may be in jeopardy, if they have probable cause to believe there is contraband in the car or if they have placed the individual under arrest.

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