Posts by Jason Hines
My Ex Won’t Let Me See My Kids – Handling Custodial or Visitation Interference in Tennessee
As a part of the divorce judgment, the court will issue a written order that delineates which parent has primary residential parent status (which parent the child lives with most of the time) and which parent will have alternate co-parenting. This final parenting order has the force of law, so whether or not you agree…
Read MoreWhat You Should Know About Your Immigration Status and Taxes
If you are living in the U.S. and you earn income over a certain amount, you are required to file state and federal income tax returns that detail the income you earned that year and pay any taxes that are due. The Internal Revenue Service (IRS) is the federal agency in charge of collecting federal…
Read MoreHow the Uniformed Services Former Spouses’ Protection Act Affects a Divorce
One of the more complex areas of divorce concerns asset division. If you and your spouse have a retirement account, the money in that account will be divided between you. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is what allows a court to treat the retirement funds of a service member the same way…
Read MoreWhat You Should Know about Parental Relocation in Tennessee
When a couple with children divorces, the state of Tennessee makes a decision about “co-parenting” rights that used to be called “custody” based on the best interests of the child. If one parent has primary parental rights or primary physical custody of the child, the other parent can seek (and may be granted) alternative residential…
Read MoreThe Effects of the Servicemembers’ Civil Relief Act
Servicemen and women, especially those on act duty, face a number of different legal challenges than civilians. In 1940, the Soldier and Sailors Civil Relief Act (SSCRA) was enacted to help protect military personnel who were unable to attend to litigation matters because they were fighting in war or stationed around the world. That act…
Read MoreWhy the “Deportation Bill” Does Not Reflect America’s Feelings
Legislation made its way through the House of Representatives that seeks to undo President Obama’s immigration policies. The Senate is unlikely to pass the legislation – and the President has already said he would veto it if it crossed his desk – but the implications from the Republican Party seem clear: do not allow undocumented…
Read MoreTennessee Bar Association Seeks Legislation to Protect Victims Filing for Divorce
We have seen a lot of attention given to the issue of domestic violence this year. The Tennessee Bar Association is doing what it can to help victims of domestic violence who are seeking a divorce by “pursuing legislation that would require respondents be served notice of the filing of a petition for divorce or…
Read MoreWho Keeps the 401(k) When a Couple Divorces?
When a couple divorces in Tennessee, the assets and debts of a marriage are split equitably. This means that your property is not necessarily divided 50/50, but in a way that the courts deem fair to both parties. For some couples, this affects their retirement accounts, including pensions and 401(k) plans. Generally speaking, a retirement…
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