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Camellia Saunders
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Camellia Saunders’s Answers

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  • I have equal custody of my children. my ex wife and I make she has a daughter from a previous relationship that she gets income

    credit for tipping the scales that are causing me to have to pay child support and half of the day care costs. Even though I don't use daycare when I have the kids she is at the daycare when she has the kids. how is this legal for fair in Tennesse...

    Camellia’s Answer

    The Tennessee child support worksheet takes many factors into consideration when calculating what, if any, child support will be ordered. Those factors include the gross income of both parties, the number of days a child spends with each parent, the child's portion of health insurance coverage, after school care costs and whether either parent has other minor children who live with them. The thinking behind the credit for other minor children in the home is that there will be less income available for the joint child of the parties. The child support worksheet allows BOTH parents to have the above listed expenses for the child and simply adjusts child support accordingly. While you may not feel that it is fair, it is the legal process of determining child support in Tennessee.

    Taking a job in another state could severely affect your co-parenting time with your child as well as your child support obligation. You would be required to provide the other parent with at least 60 days written notice of your intent to relocate to another state. The other parent would then have the opportunity to file a motion with the court either objecting to the move or requesting that the custody and child support be modified. The effect of relocating to another state would likely prevent your current 50/50 custody arrangement from continuing. One parent would likely get significantly more days with the child than the other parent, especially if the child is of school age. It is likely (but not automatic) that the relocating parent would end up with the lesser amount of days (this would depend on the specific facts of each case). Sometimes the relocating parent is the better suited parent to have primary custody of a child. if it turned out that you were not the primary residential parent then your child support obligation would likely increase,

    I would suggest that you speak with a family law attorney prior to making any decision to relocate to another state so that the specific facts of your case could be reviewed and assessed.

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  • Contempt of visitation

    Nearly two years ago a order was in place to accommodate the fathers work schedule. He worked at a resturant. His scheduled days to get child were set at sat through tues. Over this year he got a different job. Working 7:30 - 5:30 pm mon through f...

    Camellia’s Answer

    The only thing that can modify a court order is another court order. You "the parties" cannot verbally agree to modify a court order. Therefore, the last court order is still in effect. If circumstances have changed that warrant a change in the last court order, a petition will have to be filed to modify it. Since the father is the one who needs the order changed, he should be the one required to file the petition to modify.

    You can only be in contempt if you are not following the court order. You cannot be in contempt of the verbal agreement as it has not been made an order of the court.

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  • My ex girlfriend is 9 weeks pregnant with my child. She is threatening to move to Wisconsin to keep me out of our child's life.

    She has threatened abortion if I don't meet her financial and stability requirements. She has continually tried to get me to sign a waiver if rights for adoption or she will get an abortion. Her fear is that when the child is close to being born a...

    Camellia’s Answer

    The child will have to be born before your parental rights can be established. You can do a voluntary acknowledgement of paternity or take a DNA test. Either way, in the State of Tennessee there will have to be a court order signed by a judge legally declaring you to be the father of the child. The mother of the child may list you as the father of the child on the birth certificate although that in itself does not give you legally enforceable rights since the two of you are not married. However, once you are declared the legal father you will be able to ask the court for such relief as visitation, joint custody, and/or primary custody.

    Unfortunately, until that is done she gets to make all the decisions such as whether or not to move to Wisconsin with your unborn child. I would recommend that you file to legitimate the child as soon as it is born by filing a petition to establish paternity. An attorney will be able to help you do this. If you are the father then you will have the right to fight to be a part of your child's life.

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  • Supervised visitation in TN

    my fathers son hasnt seen him in 8 mnths we went to court and we have come to the agreement of every other weekend but i do not feel comfortable since he hasnt seen him in a long time, can i get supervised visitatation? also i do not trust his wif...

    Camellia’s Answer

    Supervised visitation is a remedy used to protect children if there is EVIDENCE that the child will be in some sort of danger while in the physical custody of the the other partent. Is the child being physically abused? Is the child's medical needs being neglected? Does the father or his wife abuse drugs or alcohol when the child is with them? These are some of the kinds of situatons in which a court will consider ordering supervised visitaton between a child and a parent, although this is not a complete nor exhaustive list. A parent's right to see and communiicate with their child will not be impeded unless the court has good reason(s) to do so. The fact that the adults may not like each other or get along is not enough. The focus is going to be on what is in the best interest of the child. If you have already entered into a Permanent Parenting Plan, the only way you will be able to change it is if there is a significant and material change in circumstances since the time you entered into the most recent plan. If no such changes have taken place then it is not likely that the parenting plan will be changed. The only other way to change the plan is if there are dependency and neglect issues that need to be brought before the Juvenile Court in your area. if that is the case, your child will be appointed their own attorney to investigate and represent your child's best interest. However, you need to keep in mind that the child's attorney might determine that what is in your child's best interest is not what you are wanting.

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  • What happens when an answer to divorce is filed late?

    I filed for divorce in July with the assistance of a legal office who I have paid to do my paperwork for me. My husband was not served the papers until August 26 because he would not sign for certified mail so I had to hire a process server. I l...

    Camellia’s Answer

    Granting a Petition for Default usually rests in the sole discretion of the Judge. If an attorney has now made an appearance, even though late, the Judge may not allow the default to go through as a matter of professional courtesy. However, since I do not know the Judge in question, I cannot guess as to what he would do in your case. I would check with the Court directly to see if you can stll get a hearing date on your Petition for Default. If the Court refuses, then you have your answer. However, if you can get a hearing date scheduled, I would wait to see what the Judge Rules. If the Judge does grant your petition, it is possible that your husban's attorney will appeal and I would definitely suggest you hire an attorney at that point. If your petition is not granted, I would suggest you contact an attorney in your care for a free consultation to go over your options.

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  • How to reply to a motion to suspend child support?

    My sons father was ordered to pay child support over 3 years ago, in that time I've received maybe 3 payments. He was recently incarcerated and has filed a motion to suspend child support during this time. I have to send the court my reply motion ...

    Camellia’s Answer

    The first thing that I suggest you do is contact the Child Support Enforcement Office in your area. They may be able to help you get a judgment for back child support if you act now. That would mean that when your son's father gets out of prison, he would still have to pay you the back child support that was originally ordered prior to his incarceration. However, you have to be the one to take the first step to enforce the fact that he has not been paying you support as ordered. If he is in fact currently incarcerated, there is a good chance his child support obligation could be suspended or reduced. But Chid Support Services is likely your best bet. That way you may not have to hire an attorney to represent you. An attorney for the state would oversee the matter. I hope that helps.

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  • My husband and I have been married for 4 months now. We have no kids and live together. Do we qualify for an annulment?

    We've moved too quickly, this isn't right for us and our situation. What should I do? Are there free consultations available? I just want this done smoothly and quickly, is that even possible?

    Camellia’s Answer

    Each state has different laws about what would allow you to obtain an annulment. However, certain things are usually common grounds for obtaining an annulment. For example, were either of you defrauded into marrying the other person? Has your marriage been physically consummated? I would recommend finding an attorney in your area that is familiar with divorce law who gives free consultations. They should be able to give you some advice on whether you qualify for an annulment or a divorce. An annulment would state that your "marriage" never existed. However, a divorce would not have that effect.

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  • Im seperated from my husband and he refuses to allow me to see my kids. I cant afford a lawyer. What should I do?

    Im seperated from my husband and he refuses to allow me to see my kids. I cant afford a lawyer. What should I do?

    Camellia’s Answer

    I would contact the local legal aid office in your area to see if they handle your type of case. If they do, you will also need to meet certain income guidelines to qualify for their services. There are legal aid offices in every state and in every county. However, if your local legal aid office is unable to assist you in this matter, they may be able to help point you in the right direction.

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