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Karla Cauthen Miller
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Karla Miller’s Answers

24 total

  • SSDI benefits count towards child support amount in TN

    Child Receives SSDI benefits from father. Estimated child support is a two-three hundred more than that amount. Will the benefits the child receives from the father (SSDI/SSA benefits) go towards the child support amount? Example: Child Support Du...

    Karla’s Answer

    I agree with Mr. White. If the child is receiving SS benefits on account of dad/payor's disability or retirement, then that amount will be deducted from dad's child support obligation. The amount of the benefit must be put in the correct "box" in the child support worksheet, and the benefit will automatically be backed out of the child support obligation. The dad/payor should NOT deduct the amount himself, as a court order is necessary to change the obligation. Typically he will get credit for amounts paid on his behalf to child, but he should go to the nearest child support enforcement office to ask for this modification to best protect himself from allegations of non-payment of support or even contempt of court. The child support enforcement office provides legal assistance in this situation so dad may not need to hire and pay a lawyer.

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  • Going though a divorce. Saying his broke so he doesn't have to give alimony.

    So what can be done if he spent all his money on another woman. What can be done about this?

    Karla’s Answer

    The answer to your question depends on a number of factors. Also, a number of other facts of your particular situation are needed in order to adequately inform you. It sounds like you may have a case of "dissipation" (spending unnecessarily) of assets against your spouse, meaning that while he pleads that he is "poor", he seems to have enough money to spend on a girlfriend. And, all monies that he OR you earn during the marriage are considered marital funds, so that is why the Court might find that he has dissipated (spent) marital assets. If you are going through a divorce and you have an attorney, then make sure they understand any proof you have of your husband spending money on another woman. You need more than just your own speculation about this, such as debit/credit card records, bank statements, etc. If you have an attorney, these are items that he/she can receive through routine discovery channels in a divorce. If you don't have an attorney, GET ONE! Good luck!

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  • How long after divorce papers are signed do you have to contest something in the papers?

    divorce papers filed feb 14 signed on feb 22. Would like to contest the child custody situation.

    Karla’s Answer

    Typically, you have 30 days after divorce decree was signed in order to appeal the Court's ruling, which has possibly passed in your case...if you actually signed the papers yourself, you will have a heavy burden of getting them overturned. It is unclear whether you are asking about contesting a final decree or a temporary custody order. There really is a lot more information that is needed in order to give you helpful information. You should consult with an attorney in your area so that they can further learn the specifics of your case, and good luck to you!

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  • Do I have to have an attorney to get a divorce in TN, with a child 18?

    I have been separated for 6 years and just now have money to get a divorce with the courts, I only have the money for the filing fees and court cost, not enough money for attorney. My son will be 18 in a few months, he still lives at home with me...

    Karla’s Answer

    I practice in Davidson County, so I am not familiar with how they do this in Shelby County, but here we have forms available in the Circuit Court Clerk's office (might be Chancery Clerk and Master over there) which help people file divorces themselves. It is a little more complicated when there is a child under 18, but you shouldn't worry about a parenting plan being a problem...Your husband would need to come and assert a right to see your son, and even if he does that, if he has been virtually "absentee" for 6 years, it is unlikely that the Court is going to give him much of anything with a child your son's age. The Court will take your son's preference about this into strong consideration due to his age, as well. You might also check with the Shelby County Bar Association. Our local Bar Association has a "modest means" program where you can hire an attorney based upon your income. There are many very good lawyers who participate in programs like this. If there was ever physical abuse during the marriage, you might qualify for a legal aid attorney, as well. Good luck!!

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  • My husband and I have a 34 year old son. He has married and they are living in our home for free. They only pay for their

    gasoline and car insurance. They stay up all hours of the night, never clean up or help us in any way, and are now fighting in the middle of the night. We can not tollerate it and want them out. How do we get them evicted?

    Karla’s Answer

    If your son and his wife do not have an ownership interest in your home (i.e., their name is not on the deed), then you have the right to evict them...however, they are family and how you handle this issue can make or break your relationship with your son for a very long time. What if they have kids and you have burned that bridge? Have you considered getting a friend or church member, even pastor, to come help you with an "intervention"? That might give you the opportunity to air your grievances and come to some type of agreement for them to stay there and pay their fair share. I would encourage you to put it in writing and have you, them and your husband sign off on it. If you are at the end of your rope and just want them out period, then you can go to General Sessions Court in your county and fill out a "Detainer Warrant", pay a filing fee and then they will be served with the papers (you need to list both of them as defendants). A court date will be set and you can go to court and plead your case. I don't see a judge allowing them to stay under the circumstances, assuming they do not have an ownership interest and you don't have a lease agreement with them. It is likely that you will win the case, but in Tennessee they have 10 business days after the court signs the Order of eviction in which they can appeal...it is highly unlikely they will do that since they have to pay a bond to do that. Whatever you do, DON'T set out their stuff until you have a court order of eviction or until they agree to leave (in which event you wouldn't have to set their stuff out anyway). Good luck!!

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  • How can I fix this and what kind of attorney I need

    I'm a man and I already paid an attorney to give me joint custody for my child I thought I was getting 50/50 instead its every other weekend and 4 weeks in the summer and on top of that my child support went up I never missed a payment and my chil...

    Karla’s Answer

    You need a good family law attorney in your area to consult with you and determine if you have an appropriate case in which filing a Petition to Modify the Parenting Plan as well as child support would be beneficial. If you don't feel like your previous attorney represented you well, then you should hire another one. However, your previous attorney knows the most about your situation and won't have to spend time (i.e. your money) reinventing the wheel and getting to know your case. If you still have a good relationship with him/her, call them to discuss this.

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  • My wife filed uncontested. I did nothing and let it go through without hiring an attorney. It is final. Can I contest now?

    I didn't want the divorce and held out, thinking she would change her mind. It didn't happen. I do not like some of the terms in the final decree. Can I do anything to change them?

    Karla’s Answer

    If this is a Tennessee divorce, then you have 30 days after the Judge signed the final decree of divorce in which to appeal. However, if you did nothing, meaning you didn't ever acknowledge that the divorce was in process and you never filed an Answer to the divorce complaint, you will have a hard time convincing the Court of Appeals that the trial court abused its discretion. It is a hard case to complain about the results when you did nothing to protect your rights. At least consult with an attorney in your area IMMEDIATELY so that they can discuss this further and learn more of the facts that are needed in order to adequately advise you. Good luck!!

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  • My husband and I have been married 6 years this year for the the last 6 months I have been staying with my mom because she is

    85 and not in the best of health everything I own is still in the housee and he wants me to come and get it I dont want a divorce cause I still love him i know he is seeing someone else though i dont think he brings her to the house what are my al...

    Karla’s Answer

    If you don't want a divorce, you can wait for him to file it. You could also suggest marriage counseling, but that may not work if he has already "moved on" to another woman. You don't have to move your things out of the house if you don't want to, but you also don't want him to take drastic action such as moving it out for you. Your best alternative is probably to sit down with your husband and see what you can agree to if the divorce is inevitable. Before you do that, you may also want to consult with an attorney in the county and state where you live so that you can get a handle on what your rights are in your situation.

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  • What rights does my 17 year old daughter have regarding her residence and who she prefers to live with?

    She's been living with her paternal great grandmother for the past 8 years and the grandmother filed for and won permanent guardianship behind my back. I have no idea how because I was never contacted by the courts. They live in MA and I live in K...

    Karla’s Answer

    If grandmother has a court order awarding her guardianship, then it will take legal action to "undo" it. However, your daughter will be 18 years of age soon, and in most states, that is the age of emancipation and she is free to live wherever she wants. If your daughter doesn't want to be "dragged through the mud in court", then there may not be much you can do for her, regardless of her rights. You should check with an attorney in your area concerning the specific facts of your case. Good luck in this difficult situation!

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  • I have asked this question a few times. I apologize because I just can't wrap my head around this.

    My son is 34 years old. He has always lived with me. He has NEVER supported me. He is mentally challenged (he can't read or write) but holds a valid driver's licence. During the dissolution and my Motion for temporary support, after a marriage of...

    Karla’s Answer

    Typically, in a marriage of short duration such as yours, it is highly unlikely that the Court will order your ex to support you. Whether or not the Court will order support during the pendency of the divorce depends on a number of factors. During or after divorce, It is not uncommon for the Court to consider that working adult children should contribute to household expenses if they are living with you, it just doesn't feel right to you in your situation because he is disabled. I don't think the Court or your husband's attorney are really saying that they expect him to "support" you...it is legal semantics for the other angle...why should your husband pay to support your adult disabled child that you choose to allow to live with you? I know you are probably not asking him to do that, but that is the practical effect if the Court orders your husband to pay support to you (because it is conceivable that you are using at least a portion of that support to assist with living expenses caused by your adult son living with you). You should consult an attorney in your area since each state has different divorce laws.

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