Alimony may be required to help a spouse earn more or get a job, possibly assisting a spouse to return to school to increase his or her earning capacity. This is called rehabilitative alimony. Finally, the court may allow one spouse to pay money over time to make up for an imbalance in property division. This is called alimony in solido , or lump sum alimony. There are no set formulas to determine whether, how much, or for how long a spouse will receive alimony. However, Tennessee law expresses a preference for alimony to be temporary and rehabilitative.
If alimony is not received at the time of the divorce, it cannot be obtained later. John and Mary have been married five years. Near the beginning, Mary quit school so John could become a dentist. After finishing dental school, John found a new love and filed for divorce.
Because the marriage was of short duration, a court must try to put the parties back in the position they were in before the marriage. Obviously, John has benefited from Mary's sacrifice. A court might award Mary rehabilitative alimony for a reasonable time, say three to five years, to help her complete her college education.
In fact, temporary rehabilitative alimony must be awarded if rehabilitating the disadvantaged spouse is feasible. Steve and Jenny have been married for twenty-five years and are getting divorced. Jenny started and owns an accounting firm earning well into the six figures.
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Steve teaches music at the local high school and was the primary caregiver for the children, now grown. It may not be feasible for Steve to start over by going back to school.
Tennessee Alimony Court Considerations Table
A court might award Steve alimony in futuro. Steve will receive a check for the rest of his life, unless he remarries or circumstances otherwise change. Here's an example: Brad and Susan are both stock brokers who make about the same income and have no children. Unfortunately, neither have enough cash to pay the other for his or her share of the equity. If Susan accepts this type of alimony, she cannot petition the court to increase the amount after the divorce.
These types of alimony aren't mutually exclusive; in some circumstances, it might be appropriate for a court to award more than one kind.
Moving over miles away can have a serious impact on a custody and visitation schedule. For example, this can result in changing schools. All of the move-away factors are taken into consideration when determining if the children are permitted to move. Filing a petition for modification does not have to be a difficult and lengthy process. Contact our firm today to schedule a consultation to review what options are available for you.
After a divorce is finalized in Tennessee, either party can file for a modification or termination of an alimony order. Several factors are taken into consideration when determining if a modification or termination request is justified. Generally, a modification request will require a change in circumstance that warrants the request. Tennessee law requires a showing of a substantial and material change in circumstance in order to grant a modification request.
This generally means that it could not have been a known change at the time of the divorce order. There is no way to determine how much an alimony order will change ahead of a hearing. Generally, factors like the earning capacity, obligation, needs, and resources of both parties are taken into consideration. These and other factors are generally used when determining the amount of alimony awarded during the divorce hearing. Child support modification requests can happen at any time after a divorce, so long as certain circumstances are present.
Parents often have questions about the child support modification process and the requirements for filing. Some of the most common questions are:. After a divorce decree is issued, either party can file for a request to modify the child support order in their case. In order to qualify for a modification in the amount ordered, either party must prove a significant variance in their earnings.
A change in income is generally the cause of most modification requests.
Frequently Asked Questions About Family Law in Tennessee
However, there are other circumstances that can warrant a modification request. If a child is now attending daycare or a private school, the custodial parent often requests a modification to order the parent paying child support to cover half of these expenses. Additionally, parents that do not comply with their custody schedule can be liable for an increased amount of child support.
When a child support order is determined, it takes into consideration the amount of time a child spends with each parent. If there is a change in the amount of time, it can result in one parent paying more to raise the child. Child support modifications are not retroactive. Typically, the order amount is set for the date in which the modification petition was filed. Thanks guys. Keep up the good work! We cannot say enough good things about the Turner Law Offices.
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Alimony Law in Tennessee Divorce | Answers to FAQs
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Tennessee Divorce Source: Tennessee Alimony
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Find out how alimony (spousal support) is awarded and calculated in Tennessee.
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