Negotiating travel expenses (costs of transporting the children for visitation) seems to be one of those items parents wait until the last minute to think about. But it can be very important and can be a large percentage of your monthly child support obligation.The court has wide discretion in this issue and it is usually in your best interest if you can come to an independent agreement with your ex.

Judges will consider which parent moved and why. The parent who moved may be asked to pay more of the visitation transportation costs than the other parent. Then judges consider cost. Is the high cost of travel for visitation going to prevent the traveling parent from seeing the child as often? If so, then what again was the reason for the move? Finally, most judges want to know the relative ability of the parties to pay.After having all of the facts, judges will usually rule in a way that makes practical sense because the Guidelines provide little limitation on judicial discretion.


Tennessee Child Support Guidelines state, “If parenting time-related travel expenses are substantial due to the distance between the parents, the tribunal may order the allocation of such costs by deviation from the presumptive child support obligation, taking into consideration the circumstances of the respective parents as well as which parent moved and the reason that the move was made.”

These provisions merely require the judge to “consider” whether a reduction in child support should occur as a result of visitation transportation costs. There is no mandatory reduction in child support for travel related to visitation. There is also no formula to tell a judge how to calculate an adjustment to a parent’s child support obligation from among choices of methodology, such as allocating costs between the parents or cost-offset ratio against a strict computation of the child support obligation.

Because the travel expenses reduction is fraught with judicial discretion, the long-distance parent should be ready to argue for a specific, quantified reduction in child support, and to demonstrate the reduction relative to the actual costs of engaging in long-distance visitation. The relocating parent might also want to demonstrate a solid history of taking part in all local visitation opportunities to help bolster the claim that visitation, even if expensive, will regularly continue into the future.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

Tennessee courts have consistently held that parents have a fundamental right to practice their religion, and an important interest in their child’s religious upbringing. Out of respect for these interests, courts strive to maintain strict neutrality in cases involving religious disputes between divorced parents.

However, the welfare and best interest of the child are always the court’s paramount concerns, and a court may interfere when there is a clear and affirmative showing that one parent’s religious beliefs and practices threaten the health and well-being of the child.

In Ashland City, Mother and Father are the divorced parents of Child. In their divorce, they received equal parenting time with joint decision-making authority. Mother was designated the primary residential parent.

Mother is a Christian. After the parties’ separation, Father converted to Messianic Judaism, a religion that blends elements of Christianity with elements of Judaism.

Mother petitioned to modify the parenting plan to give her sole decision-making authority and additional parenting time on holidays. She alleged that Father was alienating her from Child by making disparaging remarks about her and her religion.

The proof showed their religious disputes were hindering the decision-making process. For example, they have opposing views regarding Child’s healthcare. Mother is a registered nurse. Father does not believe in man-made pharmaceuticals and testified that he is against vaccinating Child. Mother, however, vaccinated Child because she believes vaccinations are important to Child’s overall health, and Child’s school requires that Child receive vaccinations. Father testified that he has told Child that vaccinations are “not good” for her and that they “make her stupid.” Child’s medical records indicate that “patient states in her own words that dad tells her vaccines make [her] sick and make me not smart.” Mother testified she does not want Child to fear medical treatment.

For one more example, Father believes Christian and secular holidays are sinful “stumbling blocks,” while Mother celebrates both. Specifically, Father testified that he believes participating in Halloween, Christmas, Easter, birthdays, Mother’s Day, Father’s Day, and Thanksgiving is sinful. He testified that he prays over Child when she returns from participating in activities he views as stumbling blocks. Mother expressed concern that Father’s behavior is leading Child to believe that participating in Mother’s religious and secular holidays is sinful.

Mother claimed this causes Child to experience distress, confusion, and anxiety.

The trial court found there was a material change based on the increased conflict between the parties since their divorce. Mother was awarded sole decision-making authority over educational and non-emergency healthcare decisions and additional parenting time on holidays.

Father Appealed But the Court of Appeals Agreed with the Decision of the Trial Court.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

Division of a 401K plan and many pension plans require a Qualified Domestic Relations Order (QDRO).

If your divorce settlement agreement states that you will divide a pension and/or 401K plan, a court must order a Qualified Domestic Relations Order, commonly abbreviated as QDRO. (Note: A QDRO is not necessary to divide an IRA or a SEP. Also, military pensions, federal, state, county and city retirement plans have their own rules regarding division during divorce.) A QDRO will instruct the plan administrator on how to pay the non-employee spouse’s share of the plan benefits. A QDRO allows the funds in a retirement account to be separated and withdrawn without penalty and deposited into the non-employee spouse’s retirement account (typically an IRA).

Many people often make the mistake of assuming that their divorce settlement agreement will fully protect their rights to their portion of a spouse’s retirement account. This is usually not the case, and that’s why it’s critically important to use a properly prepared QDRO.

The QDRO should be completed and presented to the pension plan well before your divorce is finalized. Waiting to complete the QDRO until after the divorce is finalized is recipe for disaster. Consider this common example:

Let’s imagine a scenario in which the divorce has been finalized, and the QDRO requires the pension plan to pay an immediate lump sum amount to the non-employee spouse. And let’s further imagine that the non-employee spouse was relying on that lump sum payment to pay legal fees and other immediate expenses.

The reality is that many pension plans will not pay a lump sum amount and will only pay the non-employee spouse on a monthly basis for life starting at around retirement age, which could be many years in the future. Under these circumstances, the QDRO requesting the immediate lump sum payment would be rejected by the pension plan. If that’s the case, the spouse who was counting on receiving immediate cash to pay their legal fees and other bills is in for a major disappointment. Since the divorce has already been finalized, the non-employee spouse cannot go back to the court and request some other property (cash, stocks, etc.) that would have an equivalent value to that anticipated lump sum payment. The non-employee spouse is now out of luck and may have to wait decades to start collecting their share of the monthly pension payments.

On the other hand, if the QDRO was completed and presented to the pension plan well before the divorce was finalized, the non-employee spouse could have negotiated a different settlement with more cash, for example, once they found out that an immediate lump sum payment from the pension would not be possible.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

There's a mistaken belief among a lot of newly divorced parents that child support is only supposed to cover the basics that a child needs -- which means those parents could be in for a seriously unpleasant surprise when their ex-spouse asks the court to order a temporary increase in support to pay for summer camp (or something similar) this year.

They may be even more unpleasantly surprised when the judge grants the order.

However, if the court determines that you can afford the increase, and the extracurricular activity that your ex-spouse wants your child to have is something that the court thinks is justified, that's exactly what's likely to happen. For example, if your child travels playing a competitive sport like baseball, softball, or soccer, there is a chance to include the costs, fees, uniforms, gear, gas, and seemingly endless hotel rooms as special expenses.

UnderTennessee’s child support guidelines, the court may order a deviation from the standard support order so that the child can receive certain extraordinary or special expenses:

• Special Education, Including Room and Board, Tuition and Other Fees
• Summer Camp
• Music or Art Lessons
• Band Camp
• Athletic Camps

In determining whether or not the deviation from the normal child support payment is warranted, the expense has to exceed 7% of the basic child support order. The court also looks to see if the activity or educational opportunity would have been appropriate to the child's lifestyle if the parents were still together.

If you truly can't afford the expense, the court won't deprive you of the money you need to cover your rent, utilities and other living costs -- but it may not leave you with much left over. For that reason alone, it might be worthwhile trying to work with your ex-spouse on an amount you can contribute more easily, without getting the court involved.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

The obligation to pay child support continues until a child reaches age 18 or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs second. The only exceptions are:

1. Emancipation by a court order.

2. If parental rights are terminated by an action of the State of Tennessee.

3. There is an adoption, usually by a step-parent.

Emancipation is the relinquishment of parental authority over the child and the termination of the parent’s legal duty to support the child. Essentially, an emancipation means that a minor is given the rights of an 18-year-old adult by a Tennessee Chancery Court and will be recognized as an adult for all legal purposes. These rights include entering into contractual agreements, seeking employment, and filing civil suits against others.

Emancipation can be sought by the parents, a legal guardian, or the minor himself or herself. Emancipation is granted by the chancery court, which has the power to remove the disabilities of minority. A Tennessee Chancellor has discretion to grant the minor seeking emancipation full rights of majority or limited rights for a narrow, specified purpose.

There is no set age limit for emancipation. The question of whether a minor is mature enough to be emancipated from parental control is a question left up to the courts. Emancipation is fact-dependent. However, emancipation may be inferred from the fact that the child is earning his own way and spending his own money as he pleases. Whether a minor has been emancipated is usually a question that depends upon each unique situation.

Child support is not owed to an emancipated child because emancipation relinquishes the parent’s legal duty to support the child. A parent may have a duty to continue paying child support if the child has turned 18, but is still finishing high school. In such a case, the parent’s support obligation continues until the 18-year-old child either graduates high school or the class of which the child is a member graduates, whichever occurs first.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

The Tennessee Court of Appeals recently reminded us of the importance of encouraging a good relationship between your children and their other parent. In this case, Father lived in Tennessee with the children and was the primary residential parent. Mother lived in Texas. She received 85 days of parenting time.

In 2015, Mother filed an emergency motion to modify the parenting plan to obtain primary custody. Mother attached copies of text messages sent between Father and the oldest child during Mother’s parenting time. Among other things, Father told the children Mother “Doesn’t mind to cause pain for others”, is “Mentally ill”, “Nobody likes her” and that the children “Have a right to be ugly to her".

The trial court appointed a forensic psychologist to examine the parties and the children. The psychologist ultimately concluded that the children were alienated from Mother, and that the alienation was supported by the actions and statements of Father. The psychologist explained: “The parent who is supporting the alienation, whether this is their intent or not, is effectively supporting the child in cruel, unempathetic behavior towards another human being; they are supporting the child in attitudes and behaviors towards interpersonal conflict that emphasize rejection, separation, and polarization, rather than resolution.”

• The trial court found this to be a “Case Of Severe Parental Alienation” in which Father had actively supported the children’s alienation from Mother without reasonable cause.

• The trial court ruled it was in the children’s best interest that custody be changed, and the trial court designated Mother as the primary residential parent with sole decision-making authority.

• The trial court also ordered Father to pay for Mother and children to attend a program designed to provide a therapeutic remedy for parental alienation.

• Father was also prohibited from having any contact with the children for at least 90 days so they could complete the therapeutic program.

The Father appealed and the Tennessee Court of Appeals agreed with the original judgment.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

In some instances during your family law case in Montgomery County, Tennessee, you may have to attend a deposition. A deposition is a formal proceeding, transcribed by a court reporter. It usually takes place in a lawyer’s office. It is the process by which you give testimony under oath. Your lawyer should be present with you, and your spouse’s lawyer should be present with him or her. The spouses and any witnesses who are testifying can be asked questions by all lawyers present about any fact or issue that is legally relevant to the case.

• It is very important that you make a good impression as a witness in a deposition because HOW you tell your story may be more important than what you say. Your goal is to convince your spouse’s lawyer that you will be a sympathetic, likable and credible witness in court. You may get a much better settlement offer if your spouse’s lawyer believes you will make a good impression at trial.

• It is crucial to be prepared for a deposition. One of the goals of deposition preparation is to make sure you and your lawyer are not surprised by any questions asked. Carefully review all Complaints, Answers, correspondence, Orders, Interrogatories, Requests for Production of Documents, Requests for Admissions and expert witness statements with your attorney. Pay particular attention to all documents personally signed under oath by you or your spouse.

• Always answer all questions truthfully. Every word you say during a deposition may be used against you at trial. You may feel that your story is difficult, embarrassing or humiliating, but you must always tell the truth under oath. If the judge thinks you are lying or hiding information, you will likely lose your case and damage your reputation. Lying is never acceptable in the eyes of the court. If you realize you made a mistake or one of your answers is inaccurate, correct your answer immediately.

• Never volunteer information you have not been asked. — even if you think it will help your case. Resist the temptation to educate your spouse and his/her lawyer about how strong you think your case is. Do not be tempted to educate your spouse’s lawyer about what you think they should know. Instead, make the lawyer ask for the information he or she wants. Listen carefully to each question, and do not try to answer until you fully understand the question. Think about the question before you begin to answer. Feel free to ask the attorney to repeat the question. If you do not understand what is being asked, say so. Never just blurt out an answer.

• Answer the exact question asked, keep your answers short and to the point. Never guess. Never speculate. Guessing is rarely accurate or truthful and can make you look deceptive. It is fine to say you do not know the answer to a question if that is the truth.

• If you have finished your answer, resist the temptation to continue talking if your spouse’s lawyer remains silent. Simply remain silent yourself. Do not get distracted by trying to figure out why your spouse’s lawyer asked a specific question or what the next question will be.

• Do not let your spouse’s lawyer anger you. Do not argue with your spouse’s attorney. Your lawyer will protect you from improper questioning. The opposing attorney may be fishing to see what sort of questions cause you to lash out in anger in order to use that information against you to manipulate your behavior in court.

• Never say anything or do anything during the deposition that would embarrass you if the judge read your testimony in court. Be on your best behavior. Do not answer in a sarcastic or derogatory manner. Never be rude or arrogant, curse or use inappropriate language, or yell or scream. Should you begin to lose control of your emotions, tell your lawyer you need to take a break. Angry and volatile witnesses make mistakes. A written transcript will be prepared of your deposition testimony. Always keep in mind how your deposition testimony will sound to the lawyers and the judge.

If you would like further information on preparing for a deposition our office is here to help.


If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com • 1 (​931) 919-4376

In every divorce, Tennessee’s Automatic Mandatory Injunction serves to prohibit bad behavior by both parties. Even if a copy of the “Automatic Injunction” is not attached to the complaint, it is smart to consider that it is in effect. The mandatory injunction statute provides a laundry list of things the spouses can and cannot do, both inside and outside their Tennessee divorce proceedings.

In summary, the automatic injunction affects many activities. It limits what parties can do with their marital property, while allowing expenditures of income to continue operating a business in the ordinary course and to maintain their current standard of living. The spouses cannot modify or cancel insurance policies covering themselves or their children, or change beneficiaries. They are enjoined from tampering with, hiding, or destroying electronically stored evidence, including evidence in computer memory. And, absent exigent circumstances, a parent cannot relocate a child outside Tennessee without prior court permission.

Additionally, The Parties Are Prohibited From The Following:

1. Harassment: Harassing the other spouse violates the Automatic Injunction. A few examples of harassment include calling the other party and allowing the phone to ring incessantly;sending emails or texts that contain lies, lewd, or indecent messages; and refusing to identify oneself when the phone is answered.

2. Threats: The parties are prohibited from lobbing threats at each other. For instance, threatening to remove the children from Tennessee if the other parent doesn’t give in to demands. A threat can be communicated verbally, non-verbally, or in writing.

3. Assault: An assault may be actionable as a criminal matter under Tennessee law, but it is also specifically prohibited during a divorce.

4. Abuse: This covers any form of domestic violence against the other party.

5. Disparaging Remarks: There are two ways that criticizing the other spouse can violate the Automatic Injunction. One, bad-mouthing the other spouse in the children’s presence. Two, bad-mouthing the other spouse in front of his or her employer.

Violating the Automatic Mandatory Injunction can lead to a contempt of court proceeding wherein the judge enforces its orders.

Our office can give you further information about filing a Petition for Contempt against the other spouse.
(or how to defend against such a petition)

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

Peaceful, consistent, and purposeful communication with your ex is essential to the success of co-parenting—even though it may seem absolutely impossible.You cannot control the words or emotions of your ex; you can only control your reactions to them. It all begins with your own mindset. Think about communication with your ex as having the highest possible purpose: your child’s well-being.Before every contact with your ex, ask yourself how your talk will affect your child, remind yourself that only you control your emotions and resolve to conduct yourself with dignity. Make your child the focal point of every discussion you have with your ex-partner.

Remember that it isn’t always necessary to meet your ex in person. Speaking over the phone or exchanging texts or emails is fine for the majority of conversations. The goal is to establish conflict-free communication, so see which type of contact works best for you. Sometimes written communication may be better because you can pause and rethink before you hit send (we encourage you to do so!).

IN OUR EXPERIENCE, THE FOLLOWING TIPS MAY BE HELPFUL:
1. Set a business-like tone.Approach the relationship with your ex as a business partnership where your “business” is your children’s well-being. Speak or write to your ex as you would a colleague—with cordiality, respect, and neutrality. Relax and speak slowly and pleasantly. Smile, even if you don’t feel like it. It can be heard in your voice over the phone.

2. Make requests.Instead of making statements that can be misinterpreted as demands, try framing as much as you can as requests. Requests can begin, "Would you be willing to…?" or “Can we try…?” Remember you can always take serious disagreements to court if necessary but many times a friendly request will resolve your issues quickly.

3. Listen.Communicating with maturity starts with listening. Even if you end up disagreeing with the other parent, you should at least be able to convey to your ex that you’ve understood their point of view. Listening does not signify approval, so you won’t lose anything by allowing your ex to voice his or her opinions.

4. Show restraint.Keep in mind that communicating with one another is going to be necessary for the length of your children's entire childhood—if not longer. You can train yourself to not overreact to your ex, and over time you WILL become numb to the buttons they try to push.

5. Commit to meeting or talking consistently.Though it may be extremely difficult in the early stages, frequent communication with your ex will convey the message to your children that you and your co-parent are a united front.

6. Keep conversations kid-focused.Never let a discussion with your ex-partner digress into a conversation about your needs or their needs; it should always be about your child's needs only.

It is almost certain that you will feel angry and exasperated at times, particularly during and shortly after your divorce or separation. Exercise, take time for yourself, vent to your friends and family, vent to your attorney. Remember to keep negativity off of social media and away from your children. Time will make communicating with your ex much easier and these tips should pave the way.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376

Religious dispute cases are few and far between. Courts are understandably reluctant to delve into matters of religion. After all, the First Amendment generally gives parents the freedom to expose their children to whatever religious beliefs they choose. It also prohibits the government from favoring one religion over another. Nonetheless, courts have an obligation to act when children are being harmed by parental conflict.

Consider the case of Lewis v. Parmerter in Sparta, Tennessee. When the parents divorced, the agreed parenting plan designated Mother as the primary residential parent and gave both parents joint decision-making authority regarding the children’s religious upbringing. Since the divorce, the parties have filed numerous petitions for contempt, orders of protection, and motions to modify the parenting plan arising out of, among other disagreements, the control of their children and their religious beliefs. Much of this conflict centers around Father’s refusal or interference with his children participating in extracurricular activities, such as Scouts, football, and other sports which he claims violates his religious beliefs.

Tennessee law provides that where parents are unable to agree on matters of great importance regarding the welfare of the children, primary decision-making authority should be placed in one parent or the other. In the original parenting plan, the parties had joint decision-making authority. After reviewing the record, the appeals court noted the extent of disagreement between the parties concerning the spiritual upbringing of the children, the effect of the parties’ conflict on the emotional health of the kids, and the anxiety the children experienced when they were required to attend the father’s church. The court concluded that these observations and recommendations from the children’s therapist provided a sufficient evidentiary basis to grant to the mother sole decision-making authority with respect to the children’s religious upbringing.

The children’s therapist stated that one child “has become paranoid that ‘Jehovah’ is watching everything that he does and that he will be punished when his father takes him back to ‘Jehovah’s House.'” The children complained to the therapist about all the time they spent at Father’s church. The therapist said the children have increased anxiety, a distrust of Father, the feeling they are being forced to believe something they do not, and that he is not considerate of their own thoughts and beliefs.

The court granted Mother soledecision-making authority regarding the children’s religious upbringing. If you are concerned about a parenting decision that has affected the well-being of your child, our office can advise you of your options.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376