Thomas Hershal West’s Answers

Thomas Hershal West

Nashville Family Law Attorney.

Contributor Level 9
  1. Can I claim my son on this year's taxes?

    Answered about 2 years ago.

    1. Brian Alan Sommers
    2. Thomas Hershal West
    3. Donald Wilson Roberts
    4. Evan A Nielsen
    5. Christopher Michael Larson
    5 lawyer answers

    I gather from your question you are divorced. If so, the terms of your parenting plan would dictate who gets the dependency exemption and under what conditions. As for federal tax purposes, generally, the parent who had the child most of the year gets the exemption. You may need to consult a local divorce attorney to explore your options.

    7 lawyers agreed with this answer

  2. If get a divorce in the state of AR can I file for spouse support in California

    Answered about 2 years ago.

    1. Atousa Saei
    2. Thomas Hershal West
    3. Daniel Seth Williams
    3 lawyer answers

    No. Under a legal doctrine called Prior Suit Pending, the Arkansas court would have to award spousal support, if any is to be awarded. Once the Arkansas court has issued its judgment in the case, its judgment is final and precludes relitigating it anywhere in the country. Now if spousal support or child support are awarded, a California court may at some later time be able to modify that support, depending on the circumstances at that time. Good luck!

    5 lawyers agreed with this answer

  3. Can my son draw social security on a living parent who gave up parental rights? I know adoption allows this to adoptive parents

    Answered about 2 years ago.

    1. Thomas Hershal West
    2. David J. McCormick
    3. Edwin Arnold Anderson
    3 lawyer answers

    No. This reason is an adoptive parent is treated the same as your biological parent. A parent whose rights have been terminated is no longer a parent.

    3 lawyers agreed with this answer

  4. My husband pays over 10,000 dollars a year he only makes 23,000 a year

    Answered 2 months ago.

    1. Thomas Hershal West
    2. Nicole Prebeck
    3. Jonathan Clark Baird
    3 lawyer answers

    It depends on how long ago the child support orders were entered and whether there has been a significant change in his income since they were entered. If so, he should consider filing a petition to modify child support.

    2 lawyers agreed with this answer

  5. Divorced in TN but I now live in FL, how do I file contempt against my ex? (He still lives in TN)

    Answered 5 months ago.

    1. Thomas Hershal West
    2. Joseph Harvey White Jr.
    3. Patrick Breca Slaughter
    4. Johnny Quitman Rasberry Jr.
    4 lawyer answers

    You must file in Tennessee. You can file by mail but to press your case, you will have to appear in person. You probably would want to file for civil contempt. As for whether he could counter file against you, that is a possibility. Your best bet is to consult a competent TN attorney.

    2 lawyers agreed with this answer

  6. I sold a house to a renter that was a family member. When selling the house we gave a gift of equity of $28,000.

    Answered about 2 years ago.

    1. Thomas Hershal West
    2. Mary Katherine Brown
    2 lawyer answers

    Your questions does not contain enough facts to give a definite answer. If the house was your personal residence for the previous two years and you sold it for fair market value, then you probably would not face any gift or capital gains tax. Consulting a tax professional would be your best bet.

    2 lawyers agreed with this answer

  7. I was married in the State of Tennessee and reside in Indiana, where do I file for an Annulment or Divorce?

    Answered about 2 years ago.

    1. Thomas Hershal West
    2. Lynda Heather Leblanc
    2 lawyer answers

    I can advise you of Tennessee requirements, not Indiana. To file for divorce in Tennessee, you or your spouse must have been legally resident in Tennessee for the six months before filing the complaint. Otherwise, Tennessee is not an option for you. If you have been legally resident in Elkhart, Indiana, then your husband must currently be a Tennessee resident. Otherwise, you must explore filing for divorce in Elkhart County Superior or Circuit Court, depending on what your county's courts...

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  8. 15 yrs old son refuses to go back to custodial father after weeend visit with mom says dad is emotionaly abusive and mentaly

    Answered about 2 years ago.

    1. Thomas Hershal West
    1 lawyer answer

    That depends on the situation. Is there a parenting plan in place? If so, how long has it been in place? Generally, it cannot be changed unless there has been a material change of circumstances. On the other hand, courts have found that the situation you describe is a material change of circumstances. You may need to hire an experienced family law attorney or use your original attorney who got you the parenting plan to begin with. Good luck!

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. I just bought a land locked property from a tax auction in allegan county michigan. How do I establish if there are any existin

    Answered about 2 years ago.

    1. Thomas Hershal West
    1 lawyer answer

    You can find that information at the county Register of Deeds. If none are recorded, you will have to negotiate for an easement with your neighbors. If that doesn't work, you may have to bring a suit to establish an easement by necessity if you have no access to any road. Your best strategy, though, is to consult a local attorney who is knowledgeable about easement issues. Good luck!

    3 lawyers agreed with this answer

  10. Georgia State Revenue, said I didn't pay sales tax on a vehicle I purchased in 2003..how can I find out? Is that possible?

    Answered about 2 years ago.

    1. Thomas Hershal West
    1 lawyer answer

    It is possible. The key details probably would be where you lived at the time you purchased the vehicle, and in what state did you actually purchase the vehicle. You may be wise to consult a Georgia attorney for assistance.

    3 lawyers agreed with this answer

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