Questions Answered by Kimberly K. Schreiber

Q: Once spousal support is given and bills are paid, is rest on the money divided between wife and grown children?

1 Answer | Asked in Family Law for Tennessee on Mar 21, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Is this a probate question or a divorce question. In family law (divorce), the grown children do not get any of the marital assets. Those are divided "fairly" by the judge, who also decides alimony based upon a factor test.

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Q: My ex lives in another state can she force our son to visit her?we have a parenting plan that says she has visitation

1 Answer | Asked in Family Law for Tennessee on Mar 22, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Is the Parenting Plan current? In other words, does it allow visits out of state? If not, send a certified letter that states you wish to mediate and amend the Parenting Plan. Almost all PPLANS have a provision that requires mediation before any sort of court action. If the Plan allows visits out of state you risk contempt charges by not providing the child. It would still be best to amend.

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Q: Is dad legally obligated to inform mother of vChanges in insurance coverage of minor child

1 Answer | Asked in Family Law for Arkansas on Apr 29, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Yes, you are supposed to have the current insurance card at all times. This enables the child to get treatment when they are with either parent. There is also usually a provision in the Parenting Plan that requires the information to be updated and sent to each other each year.

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Q: I would like to divorce my wife and have her leave the house

1 Answer | Asked in Family Law for Tennessee on Mar 24, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
You can file an Order of Protection against her and she will be unable to come around you if it is granted. You don't need to file for divorce to do that. Also, you could file a Complaint for Divorce (the Clerk has the forms) and then file a Motion for Exclusive Possession of the rental house.

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Q: What's the odds of a change in custody for visitation interference,and denial of parental rights?

1 Answer | Asked in Child Custody for Tennessee on Apr 18, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
It is hard for any lawyer to give you odds for a case. So much depends on the Judge. Always hire a local attorney that is familiar with the judge and practices regularly in front of them. It sounds like you are doing everything right. Keep exercising your phone call rights and paying child support. Have you asked for at least supervised visits to re-establish the relationship?

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Q: I am in TN and am beneficiary of life insurance, do I have to give adult children any of that money

1 Answer | Asked in Insurance Defense for Tennessee on Apr 22, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
No, beneficiaries for life insurance and the proceeds do not go through probate. They are the sole monies of the beneficiary.

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Q: Can I settle a debt collection after I have been served with civil papers?

1 Answer | Asked in Collections for Tennessee on Apr 29, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Yes, you can settle the matter any time before the hearing. Many are settled the day of the hearing with the attorney or representative from the creditor. They will usually allow you to make payments on the balance.

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Q: Mother has full custody of 9 yr old. Father remarried and mom is not letting dad see the daughter. How do I appeal?

1 Answer | Asked in Appeals / Appellate Law for Tennessee on Apr 23, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Do you have a Permanent Parenting Plan? If so, you can file a Petition for Contempt if she is not letting you see the child. Please remember to keep paying your child support even when you are not seeing the child as that is a separate matter.

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Q: I live in tn my daughters dad lives in ny, can I file for child support from a different state

1 Answer | Asked in Child Support for Tennessee on Apr 28, 2014

Answered on Apr 30, 2014

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Kimberly K. Schreiber's answer
Where does the child live? If she lives with you in Tennessee the majority of the time and your file is in New York, you can have it "domesticated" or moved to Tennessee in most cases. Once it is here, local child support services can help you or you can hire an attorney to get child support.

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Q: What can i do to get custody back of my children from my ex if they have been living with me the whole time in tennesse

1 Answer | Asked in Family Law for Tennessee on Jul 22, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
If you have lived in Tennessee for at least 6 months you can file a petition for custody here. The grandmother with temporary custody will have to be notified and she has the right to show up and contest your petition. She also has to be properly served.

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Q: In TN, if a wife cheats on her husband during marriage and gets pregnant by another man is the husband legally responsib

1 Answer | Asked in Family Law for Tennessee on Jul 26, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
Generally yes. A child born during the marriage makes your husband the Father. He can fight you in court to get out of the responsibility, but initially he is responsible.

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Q: What can i do in TN to keep son safe from ex(neglect and re-enacting sexual acts, while I have a TRO & still no trial?

1 Answer | Asked in Family Law for Tennessee on Aug 4, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
If you have a TRO, the ex cannot contact you. If he does, report him to the police as he is in violation of the TRO. You will then have the ability to go in front of the judge.

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Q: I'm a mediator in an intense order of protection suit, but now I'm being harassed. Do I have options to stop this?

1 Answer | Asked in Family Law for Tennessee on Jul 28, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
You should probably withdraw as the mediator from the case. If they are harassing you, it is unlikely that you can remain neutral. After you withdraw they should stop contacting you because you are no longer involved in the case. Rule 31 is a great resource for Listed mediators in Tennessee.

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Q: What can I do if my wife will not sign uncontested divorce papers and continues to keep my daughter from me?

1 Answer | Asked in Divorce for Tennessee on Feb 27, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
Motion to set your divorce for a hearing and file a proposed parenting plan. If the trial dates are too far away, you can have the judge set temporary parenting time and child support. That will be a court order and you should be able to see your child pending the outcome of the divorce.

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Q: My wife won't sign how can I make her ? Does she have a time limit ?

1 Answer | Asked in Divorce for Tennessee on Mar 13, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
If your wife will not your divorce papers, you need to motion to set the case for a hearing and the judge will determine what is fair and equitable. It could be different than what the papers you have drafted state. There are time limits depending on when you filed the initial complaint for divorce. If the time has run, you will have to file again and wait 60 days (in no minor children) before you can go in front of the judge.

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Q: My x-husband has primary custody of our two children and I pay out about 1000.00 a month, or he will have me put in jail

1 Answer | Asked in Divorce for Tennessee on Mar 26, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
Speak to a local attorney about filing a Petition for Custody. This can be done is several ways. If he is violating your current Parenting PLan or a court order, you may be able to file for contempt and show a change in circumstances that will allow you to have the custody switched. Your 16 year old is old enough to talk to the judge and tell him what is going on. Good luck!

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Q: Can my ex husband with hold his monthly payments to me (ordered by the court at our divorce) for any reason..

1 Answer | Asked in Divorce for Tennessee on Mar 17, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
Generally, no. He is under a court order to make payments. You should consult a lawyer about filing for contempt. You may want to make sure that you are not in contempt by carefully reading the Marital Dissolution Agreement to determine who is responsible for that utility bill.

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Q: How long must spouse be resident of state before able to file for divorce with children involved?

1 Answer | Asked in Divorce for Tennessee on Apr 9, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
In Tennessee, you must reside here 6 months to file. I am not licensed in Mississippi, so I don't know their rules. You may want to post your question on the forum for that state. However, you may be able to file here or contest jurisdiction in Mississippi.

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Q: I'm seeking a divorce that is quick and affordable. my spouse resides in another state.

1 Answer | Asked in Divorce for Tennessee on Mar 27, 2013

Answered on Aug 8, 2013

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Kimberly K. Schreiber's answer
If your spouse is agreeable to allow you to file in Tennessee, you can get usually get an attorney to do a flat fee divorce because it is just paperwork. There is a 60 day waiting period. In many counties, the parties do not even have to appear in court to get divorced, it can all be done through paperwork.

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Q: If me and my husband return to the county we were married can we obtain a divorce without waiting?

1 Answer | Asked in Divorce for Tennessee on Apr 21, 2013

Answered on Aug 7, 2013

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Kimberly K. Schreiber's answer
No, Tennessee law requires you to wait 60 days if you have no minor children and 90 days if you have minor children.

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