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Questions Answered by Paul E. Tennison
1 Answer | Asked in Child Support for Tennessee on
Q: My fiancé’s child support case was in California. Now he and his ex both live in Tennessee. How can he get modification

The child support case is in California, but we are getting married and he is adopting my daughter. He wants to get his child support modified especially since his ex kidnapped his son to Tennessee 3 years ago and has since turned his son against him and his son doesn’t want to see him.

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

This is possible. Tennessee law has a Uniform Interstate Family Support Act in Title 36, Chapter 5, Tennessee Code Annotated. This law indicates that Tennessee may modify an order for child support issued by another state. You will need to register the support order from California to Tennessee.... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I had resolved prior lease violations can my landlord send me a non lease renewal notice due to resolved violations?

I already had an eviction notice for violations and I had taken care of them and my landlord signed off that they were resolved but now is sending me a non lease renewal notice for these violations that were already taken care of and signed off

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

Most likely your landlord can do this. The eviction notice is about forcing you to leave during a current lease. It seems that your previous actions resolved those issues so the eviction was not completed. Once a lease is complete, there is no legal obligation for the lease to continue unless the... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it illegal for a landlord to arrange a walk-thru for 1 tenant’s bedroom, and not notify the other tenants in house?

Is it illegal for a landlord to arrange a walk-thru for 1 tenant’s bedroom, and not notify the other tenants in house?

At the house there are 3 bedrooms for rent, 3 non-related tenants and their own lease agreements. The landlord made arrangements with 1 tenant that was preparing to move... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I do not see a way that this would be illegal under TN law. Your facts say the landlord only inspected the one room that she made arrangements to inspect and did not enter the other two. In general there is no expectation of privacy in the shared areas in a house where multiple renters live. She... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Tennessee on
Q: Son & Gf has lived with me for 3yrs baby was born 19mths ago mother is with her 10hrs wk and wants to take her away

And live an hour away I can’t get the mother to get up with the baby and feed her unless it’s 20 mins before she goes to work at 1 in the afternoon Father is on disability .grandbaby is with me 90% of the time what can I or my son do they were never married . Baby response to me as her mother .

Paul E. Tennison
Paul E. Tennison answered on Oct 20, 2020

You and your son may want to consider consulting with an attorney. The default rule in TN is that a child born out of wedlock belongs to the Mother until the Father or other relative petitions the Court for Paternity/custody. TN courts have a fifteen factor best interest of the child analysis that... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Civil Rights and Communications Law for Tennessee on
Q: Can anything be done to a person who has constantly sent me threatening messages through different apps?

I've been sent threatening messages from the same person through different accounts and they have made fake accounts just to be able to send these messages to me. Does it still count towards harassment even though it's fake accounts and names?

Paul E. Tennison
Paul E. Tennison answered on Oct 20, 2020

Yes, you may want to consider seeking an Order of Protection against this person. You could also consider calling the non-emergency police line and reporting the harassment. Sometimes a cease and desist letter from an attorney is successful in getting someone to stop messaging. If these options... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: Can a neighborhood home association fine you for not having specific font on a mailbox? It hasn't been an issue for 3yrs
Paul E. Tennison
Paul E. Tennison answered on Oct 14, 2020

Most likely, yes. HOAs are based on contract law and most HOA governing documents give the HOA wide discretion to fine homeowners for "violations" which can include such minor things as font on a mailbox. To know the answer for sure, I would need to review the HOA governing documents to... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: My boyfriend took the blame for a car accident when I was driving.

My boyfriend took the blame for an accident when I was the one driving. Will he get in trouble if he tells the truth since he went to jail over it and got a dui?

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Seems he is already in significant trouble if he has been jailed and convicted for a DUI. If he now tells the police that you were actually the one driving then you will likely be charged and convicted for a DUI. It isn't clear to me if his DUI conviction will stand or they will instead charge... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal for police in Memphis tn to pick up someone in Arkansas for questioning if you agreed to come in

The police called me and asked if would come in to answer questions I agreed they then came from tn to Arkansas to pick me up for said questioning with a film crew I’m wondering how legal it was

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

If you agreed, it is legal. By giving consent, you allowed it to occur. If you had said no, they would have had to proceed with securing a warrant in order to detain you for questioning. Hopefully you didn't admit to any criminal acts when speaking with the police. I recommend you consult with... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Falsely accused of domestic assult

Your ex whom wont get the help to get sober (alcoholic) you tell your boyfriend your gonna leave him if he doesnt quit drinking. Been together for 10 years He starts arguing with you and threatin to slice your throat, and ends up head butting and shoving you down over your coffee table, and you... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

I recommend you immediately consult with an experienced criminal defense attorney. The facts as you are describing them seem to show that you acted in self defense. That could be a meritorious defense in your case if you are able to convince a jury that he was the primary aggressor in the incident.... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: how long does one have to be married to get there retirement?
Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Tennessee law does not have a specific statutory length of marriage requirement for things such as retirement benefits. The general legal rule is that retirement assets acquired before the marriage are separate property. Retirement assets earned during the marriage, and the appreciation of... Read more »

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1 Answer | Asked in Child Custody for Tennessee on
Q: If the judge gives you and your ex husband 50/50 custody until mediation, but refuses to let me see my kid what do I do

He’s trying to get sole custody , and will not let me see our daughter even though the judge gave us both 50/50 . What can I do legally to be able to see my kid?

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

I recommend you consult with an attorney. If a litigant is failing to follow a Court Order, then usually the best course of action is to file a Motion for Contempt and ask the Judge to hold your Husband accountable for his willful failure to follow a lawful Order. I would want to review the... Read more »

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I have a savings account with unmingled assets from an inheritance. Can my wife and I make a postnuptial on amount?

I inherited my mother's estate upon her death and I put the money from the sale of one of her houses into a savings account with only my name on it. The money has never been co-mingled. My wife and I have agreed on a postnuptial for this sum should we ever divorce. Is this possible in TN and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are...
Read more »

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Three years ago my 90 yr. old mother was pressured by a contractor into agreeing to remodeling work .

She paid $4000 up front and then changed her mind. She called within 24 hours and sent a certified letter (no signed return receipt received). My brother found out later the address given for the company was an empty lot. She did receive a letter from contractors attorney saying the contractor had... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

From the facts, it sounds to me like you may be describing a breach of contract claim that your Mother would have against the contractor here. This link provides information on common Tennessee statutes of limitations... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Im the NCP and i was told in 2012 by the mother that she dropped child support.

dropped child support.

I haven't received anything from child support or heard anything about it since 2012. Until a few days ago i was served papers saying i was in contempt and owe $29000.00 in arrears. Is there anything i can do to clear this up. I was told it was dropped or i would... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

Consult with a local family law attorney. I will say that for anything regarding child support, you should always ask to see it in writing. I am not confident that the custodial parent can voluntarily relinquish child support under Tennessee law. The child support payment is for the care of the... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Tennessee on
Q: There is someone that hates because she can’t control me. She accused of being a pedafile. There has never been anything

Anything happen. The only I have ever done is give the child some gift or something for her birthday. Everything done in eye view. Never anything alone. She has spread rumors and accusations.

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

I recommend you immediately consult with an experienced criminal defense attorney. You may also want to consider consulting with an experienced defamation attorney, if there is no basis in fact for any of the allegations against you. Sexual crimes involving children have strict punishments and can... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: I am in the process of spitting up from my husband and we want 50/50 custody where we both make decisions.
Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

A split custody arrangement is possible under Tennessee law. I do not see what your exact question is. I recommend if you have questions about a potential divorce case, that you reach out to an experienced family law attorney for a consultation. Many attorneys offer free consultations for potential... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A buyer signed a contract to buy our property in TN and camper without first looking at it. They stipulated:

“Buyer has 10 days to complete inspections, this offer is contingent upon satisfactory inspection of camper”. After we accepted the offer, the buyer did look at the camper and says she doesn’t “like” it and cancelled the professional inspection. She has asked us to sign a release. We... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 11, 2020

There may be more facts that would be relevant to this if this were litigated. My take is that the buyer breached the agreement by cancelling the professional inspection. The contingency language implies that the buyer will do an inspection. By her cancelling it, the contingent provision could not... Read more »

2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

This is the type of question that you should consult with a business attorney to discuss. An experienced attorney would be able to answer this question and likely improve the draft of your current contract in other ways to make it more favorable to you then whatever you are currently using. Good... Read more »

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1 Answer | Asked in Entertainment / Sports for Tennessee on
Q: is there a form that i need to fill out so i can get a fishing lic in tenn if i am disabled for less money
Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

I recommend you review the TN Wildlife Resources Agency information regarding fishing licenses at this website https://www.tn.gov/twra/license-sales/fishing-licenses.html or give them a call at 615-781-5270. Good luck!

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