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Questions Answered by Kimberly K. Schreiber
1 Answer | Asked in Family Law for Tennessee on
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?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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.

1 Answer | Asked in Family Law for Tennessee on
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?

I've contacted the other party only once over a 15 month period, and now being harassed by the other party's family. Do I have any rights that protect me? I only contact the other group if needed based on the mediator responsibilities.

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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.

1 Answer | Asked in Divorce for Tennessee on
Q: What can I do if my wife will not sign uncontested divorce papers and continues to keep my daughter from me?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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.

1 Answer | Asked in Divorce for Tennessee on
Q: My wife won't sign how can I make her ? Does she have a time limit ?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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... Read more »

1 Answer | Asked in Divorce for Tennessee on
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

He however refuses to follow our divorce decree. He won't pay the bills, he wrecked my car I was to get in our settlement, I have been divorced 61/2 years and still don't have a car. He makes me do all the driving. He refuses to meet me part way.i never got to get my belongings out of our house. He... Read more »

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Can my ex husband with hold his monthly payments to me (ordered by the court at our divorce) for any reason..

He claims I owe money on a utility bill ( in his name).. And threatens to with hold his payments to me until the bill is paid , is he able to do this ...

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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.

1 Answer | Asked in Divorce for Tennessee on
Q: How long must spouse be resident of state before able to file for divorce with children involved?

My son came home from work one day and his wife had taken their two girls and left for her daddy in Mississippi,8th time in 4 years.He finally got in touch with her and she promised to let the kids come back for the summer. She now says she has a legal aide lawyer in MS and if he doesn't sign the... Read more »

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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.

1 Answer | Asked in Divorce for Tennessee on
Q: I'm seeking a divorce that is quick and affordable. my spouse resides in another state.

We have one child whom is grown, child support has been settled and there is no other property to divide i need help.

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 8, 2013

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... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: If me and my husband return to the county we were married can we obtain a divorce without waiting?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

No, Tennessee law requires you to wait 60 days if you have no minor children and 90 days if you have minor children.

1 Answer | Asked in Divorce for Tennessee on
Q: I am divorced and my oldest child turned 18 (non-custodial parent). Am I still responsible for half of his medical bills
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

It depends on what the Parenting Plan states. Generally, child support, including medical bills, is owed until the child graduates from high school or turns 18. So, if they are a senior this year then you probably still owe it. Please consult your custody documents to confirm this.

1 Answer | Asked in Divorce for Tennessee on
Q: Woman required to pay child support to ex-husband remarries. Can the new husband be held accountable?

Ex-husband located in TN, new husband in Al

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

Generally child support is set on the income of each biological parent. The Step-Father does not have to pay. However, if the Mother stopped working, income can be assigned to her at the rate she could make if she was working. Also, if the mother and step-father file a joint tax return the state... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How do I answer a divorce complaint in knox county tn?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

You must go through each paragraph of the Complaint and either admit or deny it. Generally, the clerks are quite nice and can give you some guidance. It may be easier to hire an attorney as they are very familiar with your local court rules. Answers generally must be filed within 30 days.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does step children inherit property of their step father. no will involved and Wife deceased.

Property belongs to stepfather mother.

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

Because the step father died without a will, the property will go to his next of kin. Generally, step children are not the next of kin as they are not blood related to the step father. If the mother had a will or died with out a will and her estate never went through the probate process, the... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: Do I legally have to pay rent when have a leaking roof for over 10 mnths now that landlord is aware of and will not fix?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Aug 7, 2013

It depends on what your lease says. Most leases have a provision for how to notify a landlord when there is a problem. Most leases also state that you may not withhold rent. Read through the lease or bring it to a qualified attorney. Good luck!

1 Answer | Asked in Probate for Tennessee on
Q: How can I get my share of money from probate case when sister and brother cannot agree on some checks written?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

The executor will have to provide an accounting to the court before the estate can be closed. Any money that was taken for purposes not relating to the estate will have to be re-paid. Most courts will require the executor to be bonded to prevent such fraud or theft from the estate.

1 Answer | Asked in Probate for Tennessee on
Q: If my late husband had a vehicle stored at a friend's then passed away, can the friend claim it?

The vehicle was there for several years; after he died, I called and the friend said he'd gotten rid of it; he was recently seen driving it, and I need to know how to reclaim it. I am executrix of my husband's will, and sole beneficiary.

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

File a police report and see if they can locate the car. I assume you have the title and your letters testamentary will enable you to get it into your name only. He may try to make a claim against the estate for storage fees.

1 Answer | Asked in Divorce for Tennessee on
Q: My ex is not paying alimony on time and is not current.

I had to file bankruptcy and take out a loan to get current with my rent. I am disabled and am constantly having to pay late and overdraft fees. The judge told him to get 2 jobs which he has failed to do. I cannot afford a lawyer. What are my options?

Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

Contact your local legal aid society for help with a pro bono or reduced fee lawyer. It sounds like the judge is already familiar with your case, so you may be able to continue to represent yourself at the next contempt hearing. It's obvious that he is behind and the judge can order wage... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: How much is bond for dui first offense
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

It varies. For a first time offender with no criminal history it could be zero. It is likely to be lower for people with significant community ties and based on the seriousness of the DUI (rate of speed, involved in an accident, or high blood alcohol level). If it is set too high, you can go to... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Is an attorney necessary for voluntary termination of parental rights in Tennessee?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

If you are giving up all rights, the opposing attorney has likely drafted all the documents and you don't need an attorney. If someone is giving you the child you definitely need an attorney with experience in that area of the law. Mistakes on those documents could cause them to be void and... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: How can i take possession of a abandon vehicle?
Kimberly K. Schreiber
Kimberly K. Schreiber answered on Jan 29, 2013

Did you abandon the vehicle and now you want it back or are you trying to get a vehicle left on your property?

If you abandoned the vehicle you will have to pay the towing and storage fees to get it back. It might have been sold to recover those costs, in which case you are entitled to any...
Read more »

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