You are entitled to alimony if you are in need of support and your spouse has the ability to pay that support. A Court can order alimony for several reasons. Alimony may be required to help a spouse earn more or get a job or could also be awarded to help a spouse return to school so that they have a higher earning capacity. In Tennessee, a Court may order temporary, short-term, or long-term alimony. Temporary alimony is granted during the divorce proceeding and before the final decree. Short-term alimony may be granted after the divorce to allow the receiving party time to gain necessary skills in order to have a higher earning capacity. Long-term, or permanent alimony may be granted to a spouse who has significant needs and is usually reserved for long-term marriages.
Angel Kane Attorney
Along with a new year, comes new changes in the law. Many new laws take effect in 2019, including the following:
- Law Enforcement will now be required to provide a formal notice within five (5) days of property seizures of a forfeiture-warrant hearing to the property owner, even if the property owner was not present at the time the property was taken. Any property that is wrongfully seized must be returned within five (5) days.
- In 2018, retail stores were able to begin selling alcoholic beverages on Sunday, but this did not include grocery stores. As of January 6, 2019, grocery stores will be able to sell wine on Sundays from 10:00 a.m. until 11:00 p.m.
- There are new laws that will take effect concerning opioids and pharmacies. Initial opioid prescriptions will now be limited to a three-day supply for new patients. Although, there will be exceptions for surgeries, cancer, hospice, sick cell and treatment in licensed facilities. A new state law will also establish an opioid hotline and requires any
business that handles, distributes, or carries opioids to hang a sign up with the hotline’s number so that any potential opioid abuse can be reported anonymously.
- In cases where an ultrasound is performed as part of the examination that takes places before an abortion, the person who performs the ultrasound must now offer the woman getting the abortion the opportunity to learn the results of that ultrasound. If the ultrasound is performed, the report of the abortion must indicate whether or not a heartbeat was detected during the ultrasound. This data will then be reported to the Department of Health each year.
- Public schools and public charters schools that are being used for polling places for the November election must be closed for instruction on election day; however, for elections outside of the November election, it will be up to law enforcement agencies to decide whether or not the schools should be close.
To learn more about how these new laws and others may affect you, contact us at www.kane-law.com or by phone at (615) 784-4800.
On Monday, May 14, 2018, the United States Supreme Court issued its opinion in Murphy v. National Collegiate Athletic Association. In this opinion, the Court ruled 7-2 in favor of striking down a Federal law which prohibited betting on sports, other than in narrowly defined exceptions. The ruling is a victory for States’ rights, and may have greater implications for the States in the Union, in the future.
In 1992, Congress passed the “Professional and Amateur Sports Protection Act” (PASPA). Effectively, PASPA prohibited the states from promoting, allowing or authorizing gambling on sports activities, except for “sports lotteries” in Oregon, Delaware and Montana, and certain gambling activities in Nevada. PASPA also contained an exception that gave states which previously had allowed casino gaming in the past ten years a one-year grace period to pass laws legalizing sports betting. PASPA did not apply to gambling or betting on certain activities, such as jai alai and horse and dog racing.
In 2011, voters in the State of New Jersey approved a referendum to allow sports betting within the state. In 2012, the New Jersey legislature passed a law allowing sports wagering at casinos and racetracks. Various professional sports leagues, including the National Hockey League, National Basketball Association, Major League Baseball and the National Football League filed suit against the state, claiming that the 2012 law violated PASPA. The State of New Jersey was unsuccessful in trying to enforce the 2012 law allowing sports betting until the case was accepted by the United States Supreme Court in 2016.
The Supreme Court’s opinion, authored by Justice Samuel Alito, held in substance, that the Tenth Amendment to the United States Constitution, which holds that powers not expressly delegated to the Federal government are reserved for the states, prohibits the States from being required to enforce a Federal statutory scheme. The distinction is that while the Federal government is free to pass and enforce laws related to subjects of Federal importance, it cannot and may not require the States to pass and enforce laws substantially of Federal origin.
Post-Murphy, the States are now free to authorize sports gambling within their borders, as the majority of PASPA has been struck down as unconstitutional in light of the Tenth Amendment. This does not mean that sports gambling will be legal in all states, including Tennessee; it simply means that the States are no longer prevented from crafting laws approving sports gambling. The next step following this case would be for the respective State legislatures to pass laws allowing sports gambling.
Looking ahead, Murphy is an important opinion in the field of States’ rights and the Tenth Amendment. The Murphy opinion gives some support to the notion that the States may be allowed to pass laws of purely state concern, without interference from the Federal government.
To learn more about this opinion, as well as other Supreme Court opinions, visit scotusblog.com
If you have questions about legal representation, contact Angel Kane at (615) 444-8081.
On April 3, 2018, the TN legislature officially passed House Bill 2033, which allows victims of domestic abuse to request a court grant access to the victim’s cell phone plan, even if they are not the account holder.
The bill, introduced by Rep. Jim Coley, allows a victim of domestic violence to ask that the issuing court direct that the victim’s phone company transfer billing responsibility and account rights to the victim when that victim is not the account holder. The victim may ask for such an order when initially seeking an Order of Protection or when making a separate request of the court.
If granted, the Court will order the victim’s phone service provider to transfer account responsibility to the victim of the victim’s phone number and the phone numbers of any minor children in the victim’s care. Once transferred, the victim gains all rights of the account holder, but is responsible for the payment of the account.
Presumably the legislature’s intent in enacting this law was to enable victims of domestic violence to gain control over their cell phone accounts, when the alleged abuser is the primary account holder. The law should also help domestic violence victims by making it easier for such victim to cancel an existing phone number and get a new phone number to prevent unwanted contact from the abuser.
The bill passed unanimously in the House of Representatives this week. The bill had previously passed unanimously in the Senate in February.
According to 2016 Tennessee Bureau of Investigation statistics, 78,100 domestic violence incidents were reported to Tennessee law enforcement agencies during the preceding year. If you are the victim of domestic violence, you have options. Contact the National Domestic Violence Hotline at 1 (800) 799-7233 or your local law enforcement agency.
If you seek legal representation regarding divorce or child custody in conjunction with a domestic violence matter, contact the attorneys of Kane & Crowell Family Law Center at (615) 784-4800.
In December 2017, the Tennessee Supreme Court issued the opinion on Spires v. Simpson, concerning a wrongful death lawsuit out of Monroe County, Tennessee.
In Spires, Mr. and Mrs. Spires were parents of a minor child, born in the spring of 2009. One month after the child’s birth, Mr. Spires abandoned the family, though the parties did not divorce. Mr. Spires did not provide any child support or financial support to Mrs. Spires. In October 2010, Mrs. Spires was tragically killed in a car accident. Following her death, custody of the Spires’ child was given to Mrs. Spires’ mother.
One month after Mrs. Spires’ death, Mr. Spires brought a wrongful death action against the driver of the vehicle in the accident that killed Mrs. Spires. Both Mrs. Spires’ mother and brother sought intervention in the wrongful death accident, claiming that they, as custodians of the Spires’ child, were entitled to any wrongful death settlement, not Mr. Spires due to Mr. Spires having failed to pay any child support to Mrs. Spires for benefit of his child.
The trial court agreed with Mrs. Spires’ mother and brother, and held that Mr. Spires could not recover any amounts from the wrongful death lawsuit due to him owing back child support to Mrs. Spires and for benefit of four other unrelated children. The Tennessee Court of Appeals reversed in part, holding that while Mr. Spires was entitled to prosecute the wrongful death lawsuit; however, any recovery he received would be applied to his back child support arrearages on the children other than his child with Mrs. Spires.
The Tennessee Supreme Court disagreed with both the trial court and the Court of Appeals. The Supreme Court held that the child support arrearage provisions at Tenn. Code Ann. § 20-5-107 and Tenn. Code Ann. § 31-2-105 did not apply in the Spires’ case, as Mr. Spires was prosecuting the wrongful death action as the surviving spouse of Mrs. Spires. The Child Support Arrearage forfeiture provisions under Tennessee law only preclude a parent who is behind on child support from prosecuting a wrongful death action on behalf of a deceased child, when that parent owes child support for benefit of the deceased child. The Supreme Court found that the purpose of the two forfeiture provisions was to prevent a parent behind on child support from financially benefitting from the wrongful death of a child the parent failed to support.
The Spires opinion clarifies the interpretation of who can bring a wrongful death action, and the Child Support Arrearage forfeiture provisions. For more information, or to read the full opinion, visit http://tncourts.gov/courts/supreme-court/opinions/2017/12/27/kenneth-m-spires-et-al-v-haley-reece-simpson-et-al .
Signed into law on December 22, 2017 the “Tax Cuts and Jobs Act of 2017” makes changes to the existing tax code. One of the important implications for our clients is the changes to alimony.
Under the previous law, alimony was deductible by the spouse paying alimony (the obligor). Alimony received was considered taxable income on the tax return of the spouse receiving the spousal support (the obligee). Accordingly, such alimony was taxed as the oblige spouse’s income.
The 2017 Tax act now changes this law going forward. For divorces after December 31, 2018, alimony paid cannot be deducted by the obligor spouse. At the same time, the obligee spouse does not have to pay taxes on alimony received.
This is a marked change in the existing tax laws regarding alimony, which has been the norm for seventy-five years. It is important to note that the new law only affects divorces entered after December 31, 2018.
If you have any questions about divorce or alimony, contact Angel Kane at (615) 444-8081.
Not only does January 1, 2018 bring in the new year, but also new laws as passed by the Tennessee Legislature.
Barbers may now perform their services in a residence. Prior to 2018, barbers could only render their services in a residence for a person who was ill. However, to work in or out of a residence, barbers must possess a residential barber certificate.
A few changes take effect regarding school bus drivers. Beginning in 2018, school bus drivers must be at least twenty-five years old, and all new school bus drivers must complete a training program prior to transporting any children. The changes also create a transportation supervisor program, for the monitoring and supervision of local and charter school transportation.
Homeowners may cancel alarm contracts for periods longer than two (2) years, upon giving thirty (30) days’ notice to an alarm company, if the homeowner has to sell their home for medical reasons. However, the cancellation must come after the initial two (2) year period, and the cancellation must include a letter from the homeowner’s treating physician explaining that the house must be sold and alarm system canceled due to medical reasons.
Individuals seeking handgun carry permits may be exempted from the firing range qualification component if they have proof they passed small arms qualification or combat pistol training in any branch of the United States armed forces.
For motor vehicles, headlights must be either white or amber. It seems most stanard passenger vehicles will comply with this law. However, driver’s may not modify their vehicle headlights to colors other than white or amber.
Most importantly, 2018 brings new penalties for cell phone usage in school zones. Drivers using or talking on a handheld cell phone in a marked school zone when flashers are operating can be prosecuted for a Class C misdemeanor, punishable by a $50 fine.
For more information about the new laws taking effect January 1, 2018, visit http://www.local8now.com/content/news/16-new-Tennessee-laws-come-with-the-new-year-466717603.html
If you have a legal issue, contact the attorneys at Kane & Crowell Family Law Center at (615) 784-4800.
My legal assistant and I were recently discussing what questions clients and prospective clients ask her about meeting with myself and other attorneys here. As a result of our conversation, we came up with following tips for clients when meeting with their attorneys.
Write down questions and concerns beforehand
What do you actually want to accomplish through your attorney? You should have a basic idea of what outcome you are hoping for. This helps me, as an attorney, to know what objectives I’m working towards and tailor my representation to achieve your goals. As an attorney, I’m here to help you BUT you, as the client, are my customer and I seek to achieve your objectives on your behalf.
Try to relax
Easier said than done, right? I understand whatever situation you may be in can be very stressful and upsetting. However, being able to speak clearly and calmly greatly helps us to understand the facts of your case. Family law and criminal defense are possibly the two most emotional areas of the law, and I completely understand the stress and emotions one may experience. In my 20+ years practicing law, I’ve seen clients cry in my office and get upset, and it’s perfectly fine.
Make sure you tell me EVERTHING relevant to your case even if it makes you look bad
As an attorney, I have to know EVERYTHING in order to represent a client the best I can. A crucial part of the attorney-client relationship is candor between the parties. If you leave information out when discussing your case, especially if it’s on purpose, then this information could come out in the courtroom in front of the judge or jury. You do not want this to happen. This can make both the attorney and the Client look bad and lose credibility. When you tell me information, even bad information, there are various ways I can attempt to exclude or minimize this information.
Bring a notebook
The legal process has many steps. It’s easy to get confused when talking about your case and the specific steps that must be taken. Taking notes helps you keep track of those steps, as well as writing down any additional information that I may need from you, for you to provide later.
Bring any prior paperwork you may have
You should bring in all pertinent paperwork about your case if it’s ongoing. The legal system operates on deadlines and dates. I, as an attorney, need to see what has been filed with the court so I know what may have already occurred and what needs to be done going forward.
I know the legal process can be scary and overwhelming. However, hiring an attorney to help guide you through the process can make it that much easier. It’s always comforting to have someone on your side and fighting for YOU. By following these suggestions above, you can have a more productive meeting with your attorney.
Contact Angel at (615) 784-4800 to set up a consultation regarding your case.
Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be very complicated, knowing the basic information can help put a client at ease during a stressful time.
Divorce can be a difficult situation for every party involved. It is the legal undoing of two people's assets, liabilities, and everything in between that make up the fabric of their lives. Knowing what to expect and being prepared for the inevitable changes are important when you are going through a divorce.
The first decision to be made is whether the divorce will be contested or uncontested. If you can come to a full agreement, the divorce is uncontested and the process is more simple. If you cannot come to a full agreement, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.
In an uncontested divorce, the parties, or their attorneys, complete the necessary paperwork and file with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.
In a contested divorce, one party will begin the process by filing a complaint for divorce. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement is able to be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be a lengthy process.
In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means that the divorce cannot be finalized until the time period runs.
If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at (615) 784-4800 for more information about the divorce process in Tennessee.
If you have a criminal case, sometimes either a retirement or a dismissal may be obtained. The laws surrounding both can be confusing, so hiring an experienced criminal lawyer to navigate the system is often an advantage. Below is a brief summary of the two.
A dismissal is exactly what it sounds like; your case is dismissed in its entirety. It is rare to walk away with an outright dismissal. However, an outright dismissal does happen on occasion, and having a local lawyer fighting on your behalf is a good step in that direction.
A retirement, on the other hand, is a continuance with a dismissal at the end. Once the criminal case has been continued for some time, it is dismissed, as if it never occurred. A retirement may be conditioned upon certain factors being met. Further, at the end of a retirement, when the case is dismissed, a person is eligible to have their criminal record expunged.
The difference between a retirement and a dismissal is that a dismissal completes your case right away, while a retirement dismisses your case after a set period of time. It is important to note that a retirement may also be conditioned upon certain requirements, including community service, probation, payment of fines, or other tasks, which must be completed before your case is dismissed.
It is possible to have a criminal case andget a retirement, or even a dismissal. However, these results depend upon the facts of each case. Consulting an experienced local lawyer, who knows their way around the court system is a good start in that direction. Call us for a consultation at (615) 784-4800.
Everyone going through a divorce in Tennessee has to take a court-approved parenting class if you have minor children at the time of your divorce. According to www.tn.gov, “This class or series of classes gives parents the information necessary to deal with their children and with each other during and after the divorce process. These seminars are meant to help the divorcing family through the traumas of divorce without putting more stress on the parties and their children.” The class includes topics related to children and family such as counseling; an overview of the Court, mediation, child support, and parenting plan process; suggested ways to help children of various ages cope with divorce; and grief and loss stages that everyone involved may experience through the process. This class must be completed within sixty (60) days of your divorce being finalized, BUT the sooner you can take the class, the better off everyone will be (and maybe even save you money in the long run.)
The class can be taken in-person or online and typically lasts 4 hours. The cost is approximately $50, depending on the course you choose. As part of our legal services in a divorce case, we help our clients figure out the best way for the to complete this crucial step. Contact us today at (615) 784-4800 to see how we can assist you.
This topic has been trending lately due to the disturbing video of a Utah nurse being arrested for not drawing the blood of an unconcsious patient for an officer without a warrant that has gone viral. Many people are not sure what their rights are when it comes to constitutional searches and seizures.
Have you ever had an officer ask if you "consent" to allowing them to do a search? Are you aware that without having probable cause to believe an offense was committed, officers are not allowed to conduct a search without a search warrant? As usual, there is an exception to this law. It is called the good faith exception. In Tennessee, officers are allowed to collect evidence that may otherwise be found to be inadmissible in court if they believed in good faith that all of the circumstances gave them probable cause to do so.
There are two types of consent: actual and implied. Actual consent is when you expressly give consent, either orally or by writing. Implied consent is when it appears from all of the circumstances that consent has been given. Tennessee has a statute (55-10-406) that allows an officer of the law to order a test to check the alcohol or drug levels in a driver's blood if they have reasonable grounds to believe the person was driving while under the influence. The officer must explain to the driver the consequences for refusing to allow such a test. The minimum penalty of refusing is loss of license for one year. If the driver still refuses to give actual consent to the test, the driver can be charged under this statute and the test can still be administered.
Kane and Crowell attorney Ashley L. Jackson had the privilege of hearing oral arguments on this issue in front of the Tennessee Supreme Court in the case of State of TN v. Corrin Reynolds. Essentially, the issue in this case was whether the good faith exception trumps someone's constitutional rights to be free of illegal search and seizure. Does a blood test for drugs or alcohol count as a search? And, if so, is a warrant required to conduct that type of search? The Supreme Court decided that a warrantless blood draw violates a defendant's constitutional rights. However, the Court adopted the good faith exception that the evidence from a warrantless blood draw can still be used if the officer was acting in objectively good faith.
If you are a defendant and have faced an unlawful search or seizure, let us advise you as to your rights and the next steps. Call us at (615) 784-4800.
For many people with a criminal record, their convictions affect future employment and business opportunities. For people charged with felonies, their criminal record prevents them from owning a firearm or traveling outside the country. Having a clean criminal record is also important due to many apartment and housing complexes requiring a background check before allowing a person to live there.
In order to avoid all of the above obstacles, you should attempt to have your record expunged as soon as possible, depending on your case. Expungements in Tennessee are governed under the statute T.C.A. 40-32-101. This statute states that in order to be eligible for expungment, defendant must have:
- No other convictions in any jurisdiction,
- Have completed all terms of probation, parole or imprisonment must be completed and 5 years must have lapsed since the completion of the sentence,
- Have met all conditions of release,
- Have a copy of the record of the conviction to be expunged,
- Have paid all fines, restitution and court costs,
- Conviction must be for a Class E felony included on the inclusion list or a misdemeanor not included on the exclusion list, and
- A government issued ID.
It's a situation that we see too often: Parents cannot agree on a visitation schedule for a child and the father cannot see the child because he has no legal rights. A mother may move away with the child and the father disagrees but has no grounds to contest the move because he has no legal rights.
In Tennessee, a mother's husband at the time of the birth of child is the legal father of that child, whether or not he is the biological father. If the mother and father are not married at the time of the child's birth, the parents may sign a voluntary acknowledgment of paternity and have the father's name placed on the birth certificate. A voluntary acknowledgment of paternity and birth certificate, however, are not sufficient legal proof that a man is a child's father.
If the parents were not married at the time of the child's birth and the father wants visitation and legal rights to the child, he must ask for an order of the court. A mother and father can agree to paternity and ask the court to establish the father's rights to the child. Alternatively, if they disagree, the father is entitled to a paternity test to prove he is the father of the child. Once the parties agree or a successful DNA test is complete, the court will produce an order of paternity and establish visitation and other legal rights.
Establishing paternity is a very important step in being able to parent your child. Many fathers wait until there is an issue with visitation or support before they ask the court to establish them as the father's child. Due to the length of time this can take, a father may miss out on a significant portion of a child's life. If you were not married to your child's mother at the time of the child's birth and have never been legally declared the child's father, do not procrastinate in establishing paternity. We have successfully helped establish paternity for fathers in multiple counties and we would be happy to help you. Contact us with questions today at (615) 784-4800.
In Tennessee, certain charges and convictions are eligible to be expunged, or erased, from your record…for a price. The previous fee to have your record expunged was $450.00. Many people could not afford to pay the expungement fee after having also paid court costs, fines and probation fees. Unfortunately for these individuals, charges and convictions would remain on their record simply because they did not have the funds required.
Fortunately, that recently changed when Governor Haslam and the Tennessee Legislature reduced the expungement fee from $450.00 to $270.00. Hopefully this will make it easier for those with simple misdemeanors to start fresh with a clean record. Read more about the change here: http://www.newschannel5.com/news/haslam-signs-bill-reducing-costs-of-wiping-criminal-records
If you have questions about having your record expunged, call us at (615) 784-4801.
As of July 1, 2017, several new laws went into effect in Tennessee. Do any of the new laws affect you?
- Penalties for being a convicted felon in possession of a gun can be increased, depending on the previous felony.
- If you file for retroactive child support, you can only be awarded the prior 5 years’ child support unless the court finds good cause that another award is proper.
- The offense of the unruly act of illegal use of a telecommunication device has been created. Watch what you do on your cell phone!
- Don’t publicly release the residential address of a police officer. It’s a Class B Misdemeanor if negligent and a Class A Misdemeanor if intentional.
- Property owners can put purple paint on their trees to serve as a no trespassing sign.
Read more here on all of the laws:
If I had to pick one legal document, after a Last Will and Testament, that was of the utmost importance, I would have to pick a Living Will.
A Last Will and Testament is the document we all know about wherein you decide how your assets will be devised upon your passing. A Living Will, on the other hand, is the document that determines how you will live at the end of your life.