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Questions Answered by Marjorie A Bristol
1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: My ex wife makes makes 407k/yr while i make a mere 50k yet i've been ordered to pay child support. how is that possible?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

Child support in TN is determined using a formula that takes into account each parent's income, the number of children each supports, the number of days the child spends with each parent, and who pays the expenses like insurance and child care for the child. If you went through the process... View More

1 Answer | Asked in Criminal Law and Employment Law for Tennessee on
Q: Accused of stealing $250 (product/cash) from work, what are my charges going to be and what’s my next move?

My employer called his morning and said there was $250 worth of product missing from the store and he wanted me to bring it back. I didn’t know what he was talking about so I went up and he showed me some paperwork showing that I had rang up items, then voided them, and then they were missing... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

If you are charged, it will likely be with a misdemeanor. Still, this is not something you will want to face without an attorney. Most of the time, employers do not pursue charges in situations like this. They do, however, terminate the employee. My best advice is to not make any statements to... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I'm separated from my wife for over a year, I moved out from my house, where she lives with our kids, I pay the bills

since then I live in an apartment I rent, now I decided to move back to my house where she lives, and I want to know, is there anything I need to do before this move? Thank you

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

You need to consult an attorney. I believe this is a duplicate question. Best of luck.

1 Answer | Asked in Family Law for Tennessee on
Q: I'm separated, Live in other place & want to move back to my house where my wife lives, what I need to do before move?

We are not separated, she lives in my house with the kids, I pay the bills, just want to be sure that what I'm planing to do is legal.

Thank you

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

Your question contradicts itself. Are you separated or not? Has anyone filed for divorce? You should consult an attorney and explain all of the facts so that they can give you an answer about how to proceed.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: What could happen to a 14 year old if they get charged with curfew and unruly?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

They could face probation or even removal into DCS custody. Removal into DCS custody is usually only for situations where services have been provided and the youth is not improving his or her behaviors. However, once the juvenile court is involved, the entire family is under the microscope and... View More

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: My Grand Nephew was born in Miami Fl, my Niece was 16 when he was born. The family moved to TN ? Bio father not in life

The child is now 7 and mom is trying to go after child support after 7 years and father may or may not be whom she says it is. If in fact he is what rights would he have to child since he lives in fla and the child in Tennessee, should he be enforced to pay support? Which law? Governs this TN or... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

She should contact a child support attorney here in TN or child support enforcement if she cannot afford an attorney. They can help establish child support and work with other states to collect. You can find more information here:... View More

1 Answer | Asked in Family Law for Tennessee on
Q: Biological father has been located & paternity tested. How to release non-biological father from birth certificate?

Son is 11 yrs old. Has the last name of non-biological father. Biological father wants his name changed to reflect the truth.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

In order to have the biological father named as the father of the child, he will need to file a petition to establish parentage. The court may or may not change the child's last name given the age of the child. He should contact an attorney to discuss his legal options.

Best of luck!

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Q: Salary Exempt have to use PTO if leaving early? Is this legal?

Until recently if we worked a portion of the day, as salary exempt, we were paid for the full day. We were told if we had to leave a few hours early due to a doctor appointment, we wouldn't need to use PTO but if we left for 'personal' reasons we would need to use PTO. Today, I have... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

An employer can still require you to use sick leave or personal leave if they offer it. They are not required to allow you to flex the time off.

1 Answer | Asked in Child Support for Tennessee on
Q: Does the non-custodial parent still have to pay child support if the child is no longer enrolled in school.

Case sent to Nashville Tennessee for modification due to location of non-custodial parent living there

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

It depends on what the child support order says. Is the child 18? If the child is under 18, the child should be enrolled in school.

2 Answers | Asked in Family Law for Tennessee on
Q: Can ex-boyfriend request court to order DNA test on my child without my consent?

Six years ago, before we were married, my husband and I had a child. When we married two years ago, he signed a VAoP and is on her birth certificate and is her legal father. An ex-boyfriend has contacted me out of the blue stating that he believes she is his child and wants proof that she's... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

There may be other factors that will affect whether a court will grant your ex the right to DNA test the child. The court may not want to exclude your husband as the father. You should consult an attorney to help you fight this if that is what you wish. If your ex is established as the father,... View More

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2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: How do I get my daughter back from her daddy when no papers have been filed

I have text stating he would bring her back and bow he is not answering my phone calls or text

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

You should contact an attorney immediately to file and get an order for him to return her and set a visitation schedule that can be enforced. Without a court order, married parents are both equally entitled to possession of the child. The court will not look favorably on him for keeping the child... View More

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2 Answers | Asked in Child Support for Tennessee on
Q: not married & you put the fathers name on the birth certificate is he still legally obligated to child support

Is there just a way to have him listed as the father but not pay child support through the court if we aren't married? Kind of like being a sperm donor that's willing to help out with the kid.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

The only way to list him on the birth certificate if you are not married is with a voluntary acknowledgement of paternity. If he signs this and the child receives any government benefits (TennCare/foodstamps), then the state will go after him for child support whether the mother wants them to or... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I have my public defender charged with contempt of court for missing our meeting?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Unless the meeting was ordered by the court, then no.

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Can rental income be overlooked when calculating child support?

My ex filed for full custody of my 14 yr old daughter back in May when I told him that I was remarrying and moving 19 miles away. He used false information in his original motion to which we have responded. We mediated in July..agreed on a few changes, but not giving him full custody. He agreed to... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

It sounds like you need an attorney if you don't have one. If you do, these questions would best be answered by him. It sounds like you are ahead of the game since you know about these rental properties. Your ex will be able to deduct any expenses for the property from the rents. Best of luck!

1 Answer | Asked in Child Support for Tennessee on
Q: I am paying child support plus back child support on two children one is 19 the other is 16 will I still pay at 18
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You will pay until all of your arrears are paid and until your youngest child graduates from high school.

1 Answer | Asked in Family Law for Tennessee on
Q: I live in tn for 2 years but my baby was born in va the father wants visitation would I have 2 take the baby 2 him

The father has no part in baby life as of now and doesn't pay chiled suport does not have a job

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Unless there is a court order saying your have to take the child to VA, then no. In TN, if you were never married and there is no court establishing paternity and visitation/custody, the mother is the sole custodian and can determine where, whom , and when anyone can be around her child.

1 Answer | Asked in Child Support for Tennessee on
Q: How do I stop support when my child lives with me but Im the non custodial parent??

My child has been living with me for 7 months. He has been in school for 5 months where I live.

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You will need to go to court and change the order. You will also need an order giving you custody and setting support for the other parent.

1 Answer | Asked in Family Law for Tennessee on
Q: how do I get a paternity test if the mother does not agree?

She said it was mine when she got pregnant , we broke up , she got with another guy and decided it was his . When she had the baby she did not answer any calls or give any information I found out through a friend . I want a paternity test to see if it is mine and she has blocked all contact with me... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You will need to hire an attorney and petition the court for paternity. The court can order a paternity test.

1 Answer | Asked in Family Law for Tennessee on
Q: Hi, my ex has my son. He was abusive and manipulative and I left and long story short my parents died so I was homeless.

I went to prison and rehab and have completed parenting classes. I met a new man and have a 15 month old. I am in the rears 4,000 bc my felony kept me from employment and I haven’t seen my son. If I pay say $1000 will I go to jail? I want my time. I have a 3 bd house for him to come here. I just... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You need to consult an attorney to review all of the facts and see what your legal options are..

1 Answer | Asked in Estate Planning for Tennessee on
Q: If two people sign a power of attorney do both have to sign the revocation
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

It depends on what the power of attorney was for. If it was meant to convey authority of both people, then one person can revoke the power for the attorney to act on their behalf without the other revoking.

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