With Tennessee Divorce, a Lot of Things Happen Sometimes

To quote Shelby County, Tennessee, Circuit Court Judge Karen R. Williams, “a lot of things happen sometimes.” Yes, they certainly do.

The fact is, just about everything imaginable can and does happen in a divorce and not just in Tennessee. Like Murphy’s Law, only more dramatic. Here are a couple examples to prove the point.

With Tennessee divorce, a lot of things happen sometimes…

Upstairs Downstairs: Extraordinary Property Division

There’s the Barcelona, Spain, divorce wherein the spouses were ordered to divide their spacious apartment equally. He took the downstairs and she took the upstairs. The husband’s offices were already located below their apartment, presumably at the street level.

When the divorce petition was filed, these parents of two young daughters were living beyond their means and struggling in Spain’s depressed economy. This property division probably shared little resemblance to what the couple had in mind when they sought the greatest financial benefit from their residence. But apparently the judge thought this extraordinary division would neatly address two important divorce issues: the marital property division and the father’s right to access and visitation. The daughters will reside in very close proximity to their dad – that is, right upstairs where his former wife lives. Who was awarded the cost of converting the single home into two separate living units? That would be the former husband.

Paying Child Support in Cash Before the Divorce Is Finalized

While the divorce is ongoing, temporary child support orders are commonly requested. This is frequently done to maintain the status quo until child custody matters are sorted out and permanent orders are issued by the court.

To avoid problems and to maintain an unblemished payment history, most alternate residential parents will make child support payments on account to Tennessee’s central child support receipting unit using an identifying TCSES case number. (Violating child support orders is a very serious matter. You may want to take a moment to read about Child Support Enforcement & Collection in Tennessee Family Law FAQs.)

A competent, experienced child support lawyer would likely advise the ARP-client not to provide cash payments to the primary residential parent as a way to satisfy his child support obligation. Why? Because it is very difficult to prove a cash payment was made without a signed receipt. (Even with a signed receipt, the recipient may dispute that the money was intended to be child support.) If the circumstances are such that child support payments must be made directly to the PRP, doing so by check will at least ensure there is a bank record of the transaction.

Still, some ARPs will pay support in cash despite their family attorney’s advice and cautionary tales. After paying cash to the mother for several months, imagine the father’s surprise when he is ordered to appear before the judge to answer allegations that he violated the court’s child support order. If she acknowledges receipt of the cash at all, the mother may claim the money was a gift but not child support. Held in contempt of court, the ARP could find himself chilling his heels in jail for nonpayment of support as ordered.

Child Support Attorney in Memphis TN

For more information, see Tennessee Child Support Answers to FAQ’s. For legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation, call us today at (901) 683-1850.