FAQ
We try to anticipate questions you might and provide the answers here. If you need additional information, send an email to bstiles@bellsouth.net. Remember, no two cases are the same, and individual circumstances will vary.
Why do I have to pay child support if I don't get to see my child?
The obligation to support a child is not contingent upon visitation. If visitation has been ordered, and the custodial parent is not abiding by the order, then a Petition for Contempt can be brought before the court.
Where will my case be filed?
Tennessee Rules of Civil Procedure specify that a new divorce will be filed in the county where the parties last resided together, or in the county where the Defendant resides.
How much will I get in child support, or will I have to pay support?
The State of Tennessee Department of Human Services provides a worksheet that must be completed in every case. It is based upon a formula, and while there is some flexibilty, child support cannot be waived for the convenience of the parents. It is an obligation to the child.
Will I get/pay alimony?
Spousal support is based upon many variables. The three most important factors are: need of the recipient spouse, the obligor's ability to pay, and the length of the marriage.
Why should I mediate?
Mediation is a means of settling a dispute without the necessity of a contested court hearing. Not every case is amenable to mediation. Many are though. Mediation saves attorney's fees and court costs, as well as the emotional well-being of the parties in some cases.
What is mediation?
Mediation is a settlement process. The parties, in many cases the husband and wife, sit with their attorneys and an independent third party, who attempts to reach an amicable settlement, which will be reasonably equitable to all concerned. Some attorneys, and other professionals, are certified as Rule 31 Mediators, which means they have undergone lengthy training. In divorce mediation, the parties, each with his or her attorneys, sit in separate rooms, and the mediator travels between them. If an agreement is reached that day, the agreement can with drawn then, or within the next 48 hours, for signatures and filing with the Court.
