Couples going through divorces in the state of Tennessee will always end up with what's called a marital dissolution agreement. That is a contract between you and your former spouse that sets forth your rights and obligations regarding your assets, your debts, alimony, court cost, health insurance, and things like that. It's a contract that the two of you are bound to, and that you have to follow, but it really divides your assets and [...]
Mandy Hancock discusses how parenting plans and parenting classes work in this week’s post. Contact Banks & Jones if you have questions about child custody in Knoxville. What exactly is a parenting plan? People ask, "What is a parenting plan?" In the state of Tennessee, we are very fortunate that we have a uniform plan that's used in all cases. I tell clients when they come to me, whether or not you reach an agreement [...]
If you have had an insurance claim denied, you may have legal remedies available to you. Today, Mandy Hancock discusses when to call an attorney about a claim. What if my insurance company denies my property claim? What do you do if your insurance company denies your claim? At that point I always tell people that's very important, first off, to have a copy of your insurance policy on hand, because there's times when your [...]
Tennessee’s domestic relations laws are complex, and clients who are seeking a divorce often have a lot of questions about what they should be doing. Today, Mandy Hancock addresses some of the more common questions clients ask. Do I need an attorney if my spouse has hired an attorney? If your spouse has hired an attorney in a domestic relations case, it's important for you to get an attorney as well. The reason is because [...]
Child support can be tricky, especially when a family is experiencing big changes. Today, Mandy Hancock discusses two different scenarios that could affect your obligations. If one of my children turns 18, does my child support automatically cut in half? A lot of times people call me after one of their children, for which they're obligated to pay child support, turns 18 or graduates high school, and the obligation to support that child ends. The [...]
A serious injury can lead to financial burdens. Today, the attorneys of Banks & Jones answer some of your pressing questions about how to handle those burdens. Who pays for medical bills if I’m involved in an automobile accident? How do I get my medical bills paid if I'm involved in an automobile accident? Well first, they're going to be considerations of whether or not it was the other party's fault. When you've purchased your [...]
Kids don’t always show the best judgement. It’s why we have specific crimes and courts established to go a little lighter on younger members of our society who are still learning from their mistakes. The general idea is that they shouldn’t have to throw their lives away so early if they can turn things around and get back on the right track. Their minds are still developing and there are exceptions made for that fact. Some [...]
Being involved in a collision with a truck can leave you a little shocked and bewildered. This isn’t a typical fender bender when your automobile is hit by an oversized vehicle at least 30 times its weight. You have more damage, more physical injuries, and more stress because now you have to deal with commercial insurance carriers, investigative agencies, and complications you never could have imagined. The first pangs of anxiety settle in when you realize [...]
Many days I get people who call me and they've had a child with someone else, and they are not married. And that does change the structure and the layout of the case and how we move forward from there. Unfortunately, right now in the state of Tennessee, if you are the man and you have a child with someone and you are not married, at that point, you do not have any rights to [...]
Going to trial in criminal cases Do I always have the right to have my case tried before a jury? Fortunately, in the United States, we have a process that affords rights to the criminal defendant. Those rights have been secured by the United States Constitution and ere in East Tennessee, by the Tennessee Constitution, which is basically the governing body of law for the state of Tennessee. Those inalienable rights give you the right [...]
A lot of times, people call and they ask what percentage of their income they have to pay as child support. In the state of Tennessee, the law changed several years ago, and it's no longer a percentage of your income, but rather it's done on a Microsoft Excel spreadsheet, wherein certain factors are plugged in; and based on those numbers, there's a formula in that spreadsheet, and it tells you how much the child [...]
When we have clients that come to us with a personal injury case, one of the first things they want to know is, who is going to pay for their pain and suffering? I always tell those clients that is one of the main factors that we consider when we are negotiating their case with an insurance company. It is a hard thing to put a dollar figure on someone's pain and suffering. And there's [...]
Clients have questions about mediation, and the process and what happens. But one thing that you really need to know is what happens if you sign a mediated agreement. I always tell my clients once you reach and sign a mediated agreement, it is binding just as if it were a court order. It is very hard to undo a mediated agreement. There may be limited circumstances where you can do that, or something may [...]
When parties have divorced and they have minor children, those children are allowed to be claimed for tax purposes as exemptions. A big question that I get a lot of times is, “Who gets to claim the children?” That depends on a lot of things in some situations. However, the laws in the state of Tennessee are very clear and it says that the parent receiving child support is the parent entitled to deductions. But, [...]
Mediation is a process in the state of Tennessee for different types of cases, but when you're going through a divorce, mediation is required in the state of Tennessee unless you and your spouse can resolve your case prior to that process. Mediation is also required before you are allowed to try any issues in your divorce case in the state of Tennessee. Mediation is a process where you and your attorney, along with your [...]
