Questions Answered by Leonard Robert Grefseng

Q: Do you have to file a motion to end child support or just stop paying when the child is 18 and graduated?

1 Answer | Asked in Child Support for Tennessee on
Answered on Apr 19, 2019
Leonard Robert Grefseng's answer
A court order is always best, especially if there are payroll deductions or wage assignments already in place. I would also suggest sending a "reminder" letter to the spouse receiving the support which advises the support obligation will end at the graduation ( since she is already over 18) and asking if they will sign an "agreed order" terminating the support.

An agreed order is still a court order; but every court order does not have to be the result of a contested hearing. If they...

Q: In TN, can a real estate agent 'cold call' homeowners and ask if they're interested in selling their home?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 18, 2019
Leonard Robert Grefseng's answer
In my opinion, yes. It seems to me that this is no different than the girl scouts going door to door to sell cookies- if the homeowner isn't interested in selling, all they have to do is say no, thanks, and shut the door or hang up the phone.

Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

2 Answers | Asked in Divorce and Elder Law for Tennessee on
Answered on Apr 11, 2019
Leonard Robert Grefseng's answer
Assuming the divorce was granted in Tennessee, in my opinion, it is unlikely you could change the decree at this point. All appeal times are long expired, as well as the time periods for modification under "Rule 60" ( a rule of procedure which addresses correction/changing a court order). . The divorce Court retains jurisdiction to modify certain issues ( alimony and child support) but the case law says a final property division is NOT subject to modification.

Q: My parents have custody of my sister's kids. Can the judge order the 150,000 in child support from their father to them?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 28, 2019
Leonard Robert Grefseng's answer
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.

Q: Someone is pretending to be me , what do I do?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Tennessee on
Answered on Mar 27, 2019
Leonard Robert Grefseng's answer
Call the local police/detectives office- get the documents together and explain the whole history to them. If the other person has committed identity theft, the police will instruct you on how to prosecute them.

Q: My son got a divorce over 4 years ago, she was awarded the house with the stipulation she had the mortgage in her name

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 26, 2019
Leonard Robert Grefseng's answer
This can't be answered accurately without a complete review of the final decree of divorce. However, in my experience it would be very rare to include the rights and remedies you describe. If the house was "awarded to her," it is hers. If she was required to refinance within a time period, your son had the right to take her back to court to enforce the decree. If the failure to refinance truly caused bad things for him, she might have been required to pay him, or the Judge could have done...

Q: My husband has outside kids will I have to pay child support for them if he can't in Tennessee we been separated for yrs

1 Answer | Asked in Divorce and Child Support for Tennessee on
Answered on Mar 25, 2019
Leonard Robert Grefseng's answer
You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.

Q: In which state should a motion for modification of custody be filed?

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Answered on Mar 21, 2019
Leonard Robert Grefseng's answer
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.

Q: My ex wife is leaving our four year old daughter alone with a convited felon is there anything I can do

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Answered on Mar 13, 2019
Leonard Robert Grefseng's answer
Perhaps? - your question does not provide enough information to answer accurately. You would need to be able to prove to the Judge that the child is being adversely/negatively affected by her exposure to this person. What were the convictions for? Leaving a sex offender alone with a 4 year old is a much different situation than leaving a child with a thief.

Prior dishonesty does not equal current danger. Consult an experienced family law attorney for specific advice on your situation.

Q: my son graduates in May but won't be 19 until November can the child support be stopped before he turns 19? He also work

1 Answer | Asked in Family Law and Child Support for Tennessee on
Answered on Mar 13, 2019
Leonard Robert Grefseng's answer
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.

Q: Can I make an offer on a home if I’m still under contract on a home I no longer like or want? My agent says no.

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 13, 2019
Leonard Robert Grefseng's answer
Real estate contracts are BINDING legal documents- you can't just back out because you change your mind. The contact can, and often do, contain conditions which, if not fulfilled, allow the contract o lapse. Have the contract reviewed by an experienced real estate attorney for specific advice- otherwise, listen to your agent who is supposed to assist you through the transaction.

Q: I filed for divorce in 11/2017. I have tried to settle many times. Is there any way to compel my husband to settle?

1 Answer | Asked in Divorce for Tennessee on
Answered on Mar 12, 2019
Leonard Robert Grefseng's answer
No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is fair and equitable. if you are trying to represent yourself, DON"T. Consult an experienced family law attorney.

Q: How far back do arrearages go. The custodial parent and I were not going through child support services for payments.

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 11, 2019
Leonard Robert Grefseng's answer
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...

Q: Does the landlord have to pro rate my rent

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Mar 7, 2019
Leonard Robert Grefseng's answer
Unless you did something to cause the damage, you are entitled to a suspension of the rent for the period of time the premises are uninhabitable. Hopefully, you took some pictures of the damage so that if your landlord takes some action against you for the failure to pay the full rent, you will be able to prove to the Judge that you had to move out.

Consult an experienced lawyer if the landlord tries to evict you early.

Q: Hello, I currently bought land and the owner before stated the septic tank was on the property.

1 Answer | Asked in Gov & Administrative Law, Intellectual Property, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Mar 6, 2019
Leonard Robert Grefseng's answer
This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you might be entitled to damages. Consult an experienced litigation attorney soon.

Q: Can I get a lien on a landlord for not giving back the deposit

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Answered on Mar 6, 2019
Leonard Robert Grefseng's answer
If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.

Q: In Tennessee, how do you change the executor of a decedent's will?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Feb 26, 2019
Leonard Robert Grefseng's answer
Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer, but it will need to contain the original signature of the named executor. the will needs to be reviewed also since it might address this situation: naming an "alternate" in the event the first choice...

Q: I filed child support 30 years ago in Chicago Illinois I just located m daughter father in Nashville Tennessee do he

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 21, 2019
Leonard Robert Grefseng's answer
It's hard to answer accurately on the limited information given in your question. However, I suspect the answer is YES, BUT a recent amendment to Tennessee law limits an award of "retroactive child support" to 5 years, unless extraordinary circumstances exist. Consult an experienced family law attorney soon for specific advice on your situation.

Q: My husband and I had a child together. My husband signed the birth certificate and now my ex boyfriend had filed

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 20, 2019
Leonard Robert Grefseng's answer
DNA tests are now regularly, almost always, used to determine paternity.

If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting time plan with him and one of the parents will owe a child support obligation. consult an experienced family law attorney for specific advice on your situation.

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