Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leonard Robert Grefseng
3 Answers | Asked in Child Support for Tennessee on
Q: Does Tennessee not consider how much you have to pay out to live before taking child support out? Rent, phone bill etc.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Mar 3, 2020

The short answer is "no"- as the previsous answer indicates, living expenses are considered, and that is part of the computer formula, BUT the support is a priority expense. The computer determines the amount you pay, and it is up to you to figure out how to live on what is left.

View More Answers

1 Answer | Asked in Child Support for Tennessee on
Q: Is a parent considered "current on child support" if there are arrears?

My ex husband fell behind on his child support for a few years and is now paying the regular support plus a few dollars in arrears each month. The support order says he can use the child as a deduction only if he is current on child support. Is he considered current, if he still owes $6000 in... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Feb 6, 2020

No, his is not current. If he was current the arrears would be "zero."

2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: If my ex and my son still live with me after the divorce is final. When do I have to start paying child support?

Even if the ex wife and son are still both in my home?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 30, 2020

The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My aunt passed in Tennessee My mother is the only sibling. How can she obtain her house and sell it. It’s paid for and

My mother has no money

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 28, 2020

Consult an experienced real estate lawyer with the proposal that the attorney fees can be paid from the sale proceeds. If the house has any real value, an experienced lawyer will know that he will eventually get paid in full and thus he/she won't require payment in advance. If your aunt... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: neighbor capped culvert put in 4" drainage pipe floods my property what can i do ? i live in overton county tn.

property floods water backs up like a pond half of my 1.5 acre yard is flooded. i ve tried talking to them but they don't want to talk about it. natural flow is from my property through their property to retention pond.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 24, 2020

Your neighbor has created what the law calls a "nuisance"- you have the right to sue to have it removed. It sounds like the situation can be corrected, so the nuisance is "temporary." Consult an experienced real estate lawyer.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My (step) dad bought me a house from my early inheritance. His name and my name are the Only names on all paperwork.

He passed away in May without a will and now my mom thinks she is the owner. The tax office placed "etux" behind his name on the tax papers. Is that only for survivorship if I were to pass away or does she now legally own half? I want to sell and move but she is refusing me to have the... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 10, 2020

the tax records are irrelevant- you must look at the DEED. That is the document that determines ownership. If half passed to your mother upon your fathers death, then you can still force a sale of the property through a "partition lawsuit." Consult an experienced real estate lawyer to assist you.

1 Answer | Asked in Child Support for Tennessee on
Q: how to get a copy of a court order
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2020

You must go to the office of the court clerk- there will be a charge of the copy and an extra charge if you want the copy to be "certified" ( verified as accurate). You will need the exact names of the people/entities involve in the case or the case number to assist the clerk in finding... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away in Tenn and she was not married and I'm the only child and no will. Bank account money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2020

There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?

There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You...
Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My granddaughter will turn twelve in 2020 and is living with her mother who slaps her in the mouth when angry.

Food is not available for her on a regular basis and I have had her every weekend since she was three months old. She is wanting to live with me full time, is this a possibility for her?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 13, 2019

It is certainly possible, but VERY difficult to say probable. It is very difficult for a non-parent to prevail over a parent in a custody case. Tennessee courts follow a principle called the "superior rights" doctrine, which as the name implies, states that the parents' right to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

2 Answers | Asked in Estate Planning for Tennessee on
Q: My stepmother moved out the house where she had a life estate. If we now sell property, does she get any of the money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 4, 2019

Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to... Read more »

View More Answers

1 Answer | Asked in Child Custody and Civil Litigation for Tennessee on
Q: My wife had an incident regarding her child. The people, who never spoke to her, told the police and court she was drunk

She was not intoxicated. This could severely affect her and her son. Is this slander or defamation of character?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 2, 2019

No, statements made in court are generally not actionable as defamation.

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: How do i get my daughters Name changed in tn.the mother passed away and she was married.im the childs biological father.

Her husband has been out of the picture for 17 yrs.He said he will sign whatever i need signed.I have the Power of Attorney for care of a minor child form.But i am having a hard time with getting an audience with a judge.How do we go about being seen by a judge?So that he can officially sign off on... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 27, 2019

A request to change a surname is a court proceeding: you have to file a written petition ( also called a "complaint" under the rules of procedure) and give notice of that filing to any persons or entities that my be affected by your petition ( and in your case, there may not be anyone... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: If my ex (which is the primary parent) has additional children, would that affect my cuild support payments?

If my ex ( who is the custodial parent) has additional children in a new relationship, would that affect my child support obligation?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 26, 2019

Yes- under the guidelines, if either parent has additional children in their home ( or other children outside their home for which they are paying support) this is a factor in the calculation of support.

2 Answers | Asked in Business Law for Tennessee on
Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 19, 2019

Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.

View More Answers

1 Answer | Asked in Family Law for Tennessee on
Q: I live with my partner (not married) I have lived here for 3 yrs. He owns the house, I have no lease can he kick me out?

We own a business together

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 19, 2019

yes- but that does not affect your ownership or the management of the business.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Not by my choice, My 2 stepdaughters and i now own 1/3 each of the house that i have lived in for 30 thirty yrs...

I am wanting to downsize and sale. Are they legally bound to accept 1/3 of the agreed on selling price less their contribution expenses for the last 12 years since their father..my husband passed?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 18, 2019

Yes and No- your question is complicated. As to the sale of the property, yes, you can force them to sell and they will be entitled to one third of the net sale proceeds if your husband/their father died without a will. the more difficult part of the question is the part about deducting their... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My granddaughter is living in filth and is being made to share her room with my daughter’s boyfriend’s son

The boyfriend has been charged several times with abusing women including my daughter and doesn’t work. What can I do????

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 12, 2019

If you have evidence ( proof for court, not just suspicions) that a child is being abused, you can file a petition ( a written request explaining your reasons and your proof) in Juvenile Court and a hearing will be scheduled where you can present the proof to the Judge. If you convinced the Judge... Read more »

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I want to get an annulment

I got married 1 Nov 19 and now I want an annulment

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 11, 2019

Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.