Monday, January 16, 2012

Do I have to pay child support?

Occasionally, a parent going through divorce will ask if he or she will have to pay child support.  It is important to understand that in a case where custody is to be divided between the parents, then there will be one parent who is likely to have to pay child support.  The reason why is not that the other parent necessarily is only after money, but that the State of Tennessee requires that the support of the minor child or children be included in any Permanent Parenting Plan.  The amount of child support to be paid is determined by the State's child support calculator.  The factors involved in child support include the amount of time with each parent, the cost of health insurance on the children, the total number of children, the gross monthly income of the parents and necessary work related child care expenses.  When these factors are examined, it is even possible that parents who have approximately equal income and time have a father or mother paying support. 

If you are going through divorce, then allow the attorneys of The Law Offices of Andrew E. Farmer assist you in fighting for your rights as a parent.  Our attorneys practice in Sevier, Knox, Jefferson, Blount and Cocke Counties. 

Friday, January 13, 2012

Divorce and Dating

Often people going through divorce will ask "When can I start dating again?"  While it is common for individuals to be dating or seeing other people while separated or going through divorce, until the divorce is granted by the Judge then legally that is adultery.  While there is no legal waiting period after a divorce to start dating again, I recommend that you do not start right away.  Even though often after or during a divorce people feel relieved to be done with the prior relationship, there still is a grieving process.  Marriage and the relationship that existed is a large part of any person's life and people need time to mentally and emotionally process the experience of being separated and divorced.  When you move from one relationship to another without the opportunity to be single for awhile then you bring a lot of emotional and mental baggage from the prior relationship into the next relationship.  A good rule of thumb is to not make any new major life changes or decisions within a year after the divorce, and that includes being involved in another serious relationship.  This will allow you time to become truly single and independent again so that your next relationship can start out fresh without being tainted by your prior relationship experience.

If you are looking for an experienced and compassionate attorney to help guide you through your divorce or custody matters, then allow the licensed attorneys of The Law Offices of Andrew E. Farmer fight for you.  Our attorneys practice in Sevier, Cocke, Jefferson, Blount & Knox Counties. 

Wednesday, January 11, 2012

Can I get a divorce if my spouse will not sign our paperwork?

This is a common question that comes up when dealing with divorce matters.  While it is usually cheaper and faster to get a divorce when both spouses are in agreement, it is not necessary.  If a wife for example were to file for a divorce from a husband that was abusive, then is the court going force that wife to stay married to her abusive husband?  Absolutely not.  If that same wife were to file for divorce and the husband was served with the papers, then if the husband fails to answer the divorce complaint the Judge can grant the divorce by default judgment.  While this is not the only way to get divorced to an individual who refuses to co-operate or sign, it is the more common way. 

If you are looking for experienced divorce and family law attorneys in Sevierville, Pigeon Forge, Gatlinburg or any of the surrounding counties of Blount, Knox, Jefferson, or Cocke, then let the attorneys of The Law Offices of Andrew E. Farmer fight for you and your children. 

Tuesday, January 10, 2012

Can I be arrested for not paying my bills?

There are certain financial obligations that failing to pay can land you in jail.  The first is child support.  Failing to pay child support can result in your incarceration.  You may also be incarcerated for failing to pay obligations related to criminal probation or parole if your probation or parole is revoked.  You could also be placed in jail for theft of services by running out on a meal from a restaurant for example. 

Tennessee does not have debtor's prison for regular civil debts.  That means you cannot be arrested or placed in jail for not paying your debts such as a credit card or even your mortgage.  However there can be severe personal consequences for failing to pay bills such as damaging your credit, repossession of your car, foreclosure on your home or even money being garnished from your pay check.   These consequences may often feel worse than simply being arrested as these debts often do not seem to have an end in sight. 

If you feel overwhelmed by your bills and you cannot pay your debts, then let the Law Offices of Andrew E. Farmer help you get the debt relief you desperately need.  Our experienced lawyers and staff can help you get relief in civil court and/ or bankruptcy.  We practice in East Tennessee in Sevier, Cocke, Blount, Jefferson & Knox Counties with our offices located in downtown Sevierville.

Monday, January 9, 2012

Legal Seperation

"If my spouse and I do not live together anymore are we legally separated?"  The simple answer is unless the court has declared you legally separated then you are not legally separated.  Legal separation is a formal legal finding where a couple is still legally married but the spouses are not liable to for the other's new debts or tax liability.  Additionally, legal separation provides parties with the ability to put an order for custody in place despite there not being a divorce between the parties.  Legal separation is common where there is a question between the spouses whether they are wanting to be divorced or if there are religious objections to getting a divorce.  

The divorce and custody attorneys of The Law of Andrew E. Farmer practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.  We may be contacted at (865) 428-6737.

Thursday, January 5, 2012

Can I ever get a mortgage loan after I have filed Bankruptcy?

Many people are concerned when filing Bankruptcy that they will never be able to successfully apply for a mortgage loan after they have done so.  This is just not the case.  Now it will depend on how aggressive you are at working towards rebuilding your damaged credit score, but there is light at the end of the debt tunnel.  If you have any valuable property that you may put forward as collateral, then even individuals with post-Bankruptcy credit can get loans.  Also, there are groups including credit cards who will offer credit at devilishly high interest rates to help you rebuild credit.  Be aware of such credit cards.  It is almost always a better idea to contact your local bank about the prospects of a secured credit card that is backed by cash.  It is a great, lower interest way of developing your credit following a Bankruptcy.

If you are looking for debt relief in Sevierville, Jefferson City, Dandridge, or anywhere throughout East Tennessee, then do not hesitate to contact the licensed attorneys of The Law Offices of Andrew E. Farmer at (865) 428-6737.


Tuesday, January 3, 2012

Can Bankrtupcy Actually Improve Your Credit Score?

While it is true that filing a Chapter 7 is the worst thing that an individual can do to their credit score, the damage may only be temporary.  On more than one occasion I have had clients that in 18 months of Chapter 7 to discover that their credit score was higher than before filing bankruptcy.  How is this possible?  If you are in a financial situation that has you over due on all your credit card bills and with a stack of civil judgments against you for not being able to pay your bills, then you may be able to improve your credit score long term by completing a Chapter 7.  The reason is that often in these situations, your debt-to-income ratio is almost all debt and no income.  This is a major factor in determining your credit.  Additionally, once you file there will be other credit offers being made to you that could help re-establish a positive payment history with credit.  However, I always strongly advise against taking on new credit cards and other debts after completing a bankruptcy.  If you would like to meet and discuss your options to get debt relief, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  Our licensed attorneys practice in Sevier, Knox, Blount, Jefferson and Cocke Counties.