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Questions Answered by Paul E. Tennison
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!

1 Answer | Asked in Probate for Tennessee on
Q: Would a spouse using his deceased wife’s credit cards after her death be considered breach of trust?

Spouse used my mother’s credit card after her death for funeral and vacation. His name was not on the cards and he wasn’t an authorized user.

Paul E. Tennison
Paul E. Tennison answered on Jul 21, 2020

Most likely such action is fraudulent. I am fairly sure that only authorized users may legally use credit cards. Such action may violate state and or federal law. If you inherited money from your Mother's estate such action by her spouse may have improperly diminished the estate and affected... Read more »

1 Answer | Asked in Foreclosure for Tennessee on
Q: Can a hoa foreclose on my home for not paying monthly fees?
Paul E. Tennison
Paul E. Tennison answered on Jul 8, 2020

That depends on the specific language in the HOA bylaws and other legal documents. I cannot answer this question in your case because I haven't read all the HOA documents that apply. However, I can tell you that in my experience, HOA's can do all sorts of things to homeowners that do not... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Need to transfer a case from Puerto Rico to us (child support/father) never received any document to appear in court

Help on getting payments modify because I never agree upon payments and it's getting difficult to even eat

Paul E. Tennison
Paul E. Tennison answered on Jul 6, 2020

I recommend you consult with a local family law attorney to see what can be done to transfer the case. Good luck.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I own a business with noticeable decrease of sales from past loyal customers. Just learned that a mayor shared my name

From an anonymous complaint resulting in several customers and friendships affecting our business and name in our network. Is there a slander ethic complaint to file on this mayor that would hold up

Paul E. Tennison
Paul E. Tennison answered on Jul 2, 2020

I am unaware of any ethics complaint that may be beneficial for you here. However, you may have a civil cause of action against this mayor for defamation. I recommend you speak with an experienced defamation attorney to determine if you have a case. For more information on defamation law in... Read more »

1 Answer | Asked in Military Law for Georgia on
Q: My friend has been getting death threats demanding to $1500 to pay for a solider to fly from nigeria. Is this a scam?

My best friend has been talking to this guy who says he's in the military online. For two years he has never met her and vice versa. Just recently he's been telling her that she need to pay the military flight pilot $1500 and if she dont that the major general as he calls the commander... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

SCAM.

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: My ex boyfriend bought me a dog so when I left I took him with me . Now hes saying he’s goin to call the cops on me

What should I do ?

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

I have actually seen this come up a few times with clients and potential clients. If he calls the cops, they are most likely not going to arrest you here. They will probably tell him the custody of the dog is in dispute so he should hire an attorney as this is a civil matter. Based on the facts as... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: my fiancée & I are splitting. she used my credit to get windows & air put in, promising to make All payments & hasn’t.

She promised to make all payments & not ruin my credit but she isn’t making payments, do I need a lawyer to make her pay or what can I do?

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

You may want to consult with an attorney. You could also consider filing a small claims court action to get your money back. If your fiancée made a promise to you and failed to follow that, this could be a breach of oral contract. Good luck.

1 Answer | Asked in Child Support for Tennessee on
Q: Can the expenses be collected through child support? Or Do you need to request a deviation moving forward?

Modification to an order states that: The parties shall continue being responsible for the same uncovered expenses, but the Mother shall henceforth pay 82% of the uncovered expenses with Father paying 18% of those expenses.

Can the following expenses that have been paid by the father be... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

No, the child support office will not be interested in attempting to sort out the payment of expenses. I recommend you consult with an attorney. In general, the best way to proceed if one of the parents is failing to pay their portion of expenses is to proceed with a petition for contempt. Contempt... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: In Tennessee can health issues prevent the father from visitation out of the state?

She is 8mths old he is filing for paternity and visitation. I live in Tennesssee and he lives in Virginia! She has heart and urinary tract issues! She has regular heart doc appointments and had to go to er frequently since birth over her urinary issues and needs to be close to her doctors! Also... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 17, 2020

Tennessee Courts use the best interest of the child analysis to determine custody and visitation decisions. The health concerns of the child are important and should be taken into account under Tennessee law. You mention that the Father lives in VA. Thus, I am not sure if the Father filed this... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Can a mother (never married) move out of state with child? There is no court custody arrangement or parenting plan.

My step-daughter lives in Martin TN with her 11 month old daughter. The child's father also lives in the area, but they do not live together. Due to financial strain, she would like to move back home to Georgia. There is no court signed custody arrangement or parenting plan in place, so can... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 17, 2020

Most likely, yes. The parental relocation requirements under TN law to seek court approval to relocate only applies when there is a court ordered parenting plan in place. TN is known as a Mother's state because if the parents are unmarried, the father does not have rights to custody until... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Tennessee on
Q: I am needing to speak with someone about abandonment of a child and contemt of court and maybe even adoption
Paul E. Tennison
Paul E. Tennison answered on Jun 15, 2020

There are many ways to find an attorney. Justia has a find a lawyer feature at the top of each page. Additionally you could try Google or other online lawyer listings. Good luck.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do know how far I can move since non custodial parent doesn't live in state anymore and hasn't seen kids in 3 years?

Parenting plan in TN. Non custodial parent moved out of state 3 years ago, hasn't seen kids since. I want to relocate out of state. Don't have a current address for their father. Plan says I can't move more than 50 miles from his address, but he lives in another state. I got in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 15, 2020

I recommend you consult with an experienced family law attorney for an answer to these questions. I am sure there are ways to locate the non-custodial parent so you could send the notice to his current address. Good luck

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hibitual offender is no longer a charge. Wondering if range 2 can be changed to a 1.

Can this charge be expunged?

Paul E. Tennison
Paul E. Tennison answered on Jun 8, 2020

There are several requirements to complete an expungement under Tennessee law. Your post does not contain nearly enough information to determine this. The Tennessee Courts website has information on Expungement here: https://www.tncourts.gov/expungements I recommend you review all of that... Read more »

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