Cole Law Group, PC

Nashville Diaper Drive 2026: Donate Diapers in Nashville & Brentwood, TN

Cole Law Group, PC — Mon, 13 Apr 2026 19:45:03 GMT

We are proud to partner with the Nashville Diaper Connection to host a Nashville Diaper Drive supporting families in need across Middle Tennessee.

From April 13 through April 24, 2026, we’re inviting the Nashville community, legal professionals, and local businesses to come together and donate diapers in Nashville and Brentwood, TN. Every donation helps ensure that local children have access to a basic necessity many families struggle to afford.

Where to Donate Diapers in Nashville & Brentwood

If you’re looking for where to donate diapers in Nashville, you can drop off contributions at either of the following locations:

Historic Metro Courthouse
1 Public Square, 6th Floor
Nashville, TN 37201

Cole Law Group (Brentwood Office)
1648 Westgate Circle #301
Brentwood, TN 37027

Can’t Drop Off? Support the Nashville Diaper Connection Online

If you’re unable to visit one of our diaper donation locations in Nashville or Brentwood, you can still make an impact by contributing financially to the Nashville Diaper Connection. Your support helps provide essential supplies to families across the region.

Make a donation here

Why Donate Diapers?

Many people don’t realize that diapers are not covered by most assistance programs. This leaves thousands of families searching for free or low-cost diapers in Nashville, often without reliable access.

By participating in this Nashville diaper drive, you are directly supporting:

Families facing financial hardship

Infant health and hygiene

Local community organizations making a difference

Join the Nashville Community in Giving Back

At Cole Law Group, we believe supporting our community goes beyond the courtroom. This diaper drive in Nashville, TN is an opportunity to make a real, immediate impact on the lives of children and families in our city.

If you’ve been searching for a way to give back in Nashville, this is a simple but powerful way to help.

Donate diapers today and help us support Nashville families in need.

Cole Law Group Attorneys Recognized in 2025 Mid-South Super Lawyers® and Rising Stars℠ List

Cole Law Group, PC — Fri, 21 Nov 2025 02:10:05 GMT

Cole Law Group is proud to announce that three of the firm’s attorneys have been selected for inclusion in the 2025 Mid-South Super Lawyers® and Rising Stars℠ lists. These recognitions identify outstanding legal professionals across Tennessee based on peer nominations, independent research, and demonstrated professional excellence.

Andrew Goldstein, Managing Shareholder, was named to the 2025 Rising Stars list in Business Litigation, recognizing his skilled advocacy and strategic approach to complex commercial disputes.

Alyssa Castronovo, Senior Associate, was selected for the 2025 Rising Stars list in Family Law, reflecting her skilled representation in high-conflict and sensitive domestic matters.

Todd G. Cole, Founder of Cole Law Group, was named to the 2025 Super Lawyers list in Civil Litigation, a distinction awarded to only the top 5% of attorneys in each state.

About the 2025 Super Lawyers® and Rising Stars℠ Selections

Super Lawyers is a nationally recognized attorney rating service that highlights leading lawyers across more than 70 practice areas. Honorees are selected through a rigorous, multiphase process that includes:

Independent research evaluations
Peer nominations and evaluations
Review of professional achievements, verdicts, and honors
Assessment of community and professional involvement

Super Lawyers

Only 5% of attorneys in each state are named to the annual Super Lawyers list, representing the highest tier of professional distinction.

Rising Stars

Rising Stars recognizes the top 2.5% of early-career attorneys– those under 40 or in practice for fewer than 10 years—who have already demonstrated exceptional promise.

These lists are published annually in Super Lawyers magazines as well as in leading city, regional, and national publications.

Leadership Statement

“Our team’s talent, work ethic, and genuine commitment to our clients are reflected in these recognitions,” said Founder Todd Cole. “Andrew and Alyssa exemplify the high standards we set at Cole Law Group, and I am proud to work alongside such dedicated attorneys.”

Serving Clients Across Brentwood, Nashville, and Middle Tennessee

Cole Law Group congratulates Todd Cole, Andrew Goldstein, and Alyssa Castronovo on their well-deserved achievements.

We also extend our appreciation to the clients, colleagues, and community members who contributed to these honors. To learn more about the Super Lawyers selection process, visit SuperLawyers.com.

Andrew Goldstein Named to Best Lawyers: Ones to Watch® in America 2026

Cole Law Group, PC — Thu, 18 Sep 2025 18:16:48 GMT

We are proud to announce that Andrew (Andy) Goldstein, Managing Shareholder of Cole Law Group, has been included in the 2026 edition of Best Lawyers: Ones to Watch® in America for his work in Commercial Litigation and Immigration Law. This honor highlights Mr. Goldstein’s reputation as a trusted advocate for clients in Brentwood, Nashville, Franklin, and Murfreesboro, serving communities across Middle Tennessee.

Best Lawyers: Ones to Watch in America recognizes attorneys earlier in their careers who demonstrate excellence in private practice. Honorees are selected entirely through peer review, meaning that other lawyers identified Andy for his skill, professionalism, and dedication to clients.

About Best Lawyers: Ones to Watch in America

Published annually, Best Lawyers: Ones to Watch in America is one of the most respected peer-review publications in the legal industry. Recognition is based on an exhaustive process that includes confidential evaluations by other attorneys within the legal community. To be listed is a significant achievement because it reflects the confidence that Mr. Goldstein’s peers place in his ability to deliver results and uphold the highest ethical standards.

Andy Goldstein’s Practice and Focus

Andy Goldstein represents clients in Commercial Litigation, Immigration Law, Family Law, and Defamation & Privacy matters. His work frequently involves navigating high-stakes disputes, counseling clients in sensitive personal and business situations, and developing innovative strategies tailored to each client’s unique circumstances.

Known for his thorough preparation, strong courtroom presence, and ability to resolve conflicts efficiently, Mr. Goldstein has built a reputation for combining sharp legal analysis with compassion for the individuals and businesses he represents.

“I am honored to be included in the 2026 Edition of Best Lawyers: Ones to Watch in America for my work in Commercial Litigation and Immigration Law. Peer recognition is especially meaningful because it comes from colleagues who understand the demands of this profession. At Cole Law Group we are committed to serving our clients with diligence and compassion, and I view this recognition as encouragement to continue raising the standard of service we provide.” –Andy Goldstein

Navigating K-12 With A Disability – Part 1

Cole Law Group, PC — Mon, 07 Jul 2025 21:17:41 GMT

Why Section 504 Plans Matter in K–12 Education

Navigating the K–12 school system is challenging for many students—but for those with disabilities, the experience often includes added legal and logistical hurdles. From rigid schedules to standardized testing and extracurricular participation, students with disabilities may face barriers their peers do not. Fortunately, federal law offers critical protections to help level the playing field.

This post is the first in a three-part series designed for parents, caregivers, and educators seeking to understand the legal framework that supports students with disabilities. In Part One, we focus on Section 504 of the Rehabilitation Act of 1973—a federal civil rights law that requires public schools to provide eligible students with a free appropriate public education. We will explain who qualifies for a Section 504 Plan, outline the six key steps involved in creating one, and help you determine whether your child may be entitled to important educational accommodations. If you’re unsure whether your child is receiving the support they need, this guide is for you.

A Personal Reflection on the Typical School Experience

It has been a long time since I sat in a K-12 classroom, but I remember it as often being overwhelming. At my school, we had to be in our seats at 7:45 A.M. sharp – one minute late and you had to take a detour to the front office to get a tardy slip. From there, we spent the next seven hours sitting at metal desks trying our best to listen to the teacher standing at the front of the room. Then, after classes were over, all students were required to either play a team sport or participate in a physical education program for at least one hour.

Homework was the next priority and, of course, each teacher assigned no less than an hour or two of homework per class. When the homework was finally done, we went to bed and prepared to do it all again the following day.

Looking back at my time in school, I am amazed that I somehow managed to balance all of the expectations and requirements, but, then again, I was also a conventional student. I can only imagine how different the K-12 experience is for students with disabilities.

When the “Normal” School Routine Isn’t Accessible to Everyone

The traditional K-12 school schedule—early start times, extended seatwork, mandatory physical activity, and heavy homework loads—can be overwhelming for any student. However, for students with disabilities, these same expectations may pose legal and practical obstacles. Without proper accommodations, what’s routine for some becomes a daily struggle for others, often violating their right to equal access.

To address the inequities between disabled students and non-disabled students, the federal government has passed various forms of legislation that aim to eliminate discrimination in public schools based on disability. Under Section 504 of the Rehabilitation Act, public schools must provide reasonable accommodations to ensure equal educational access.

What Is Section 504 of the Rehabilitation Act?

Section 504 of the Rehabilitation Act is a federal civil rights law statutorily codified at 29 U.S.C. § 794(a) (1973). Subsection (a) of the statute states, in relevant part, that “[n]o otherwise qualified individual with a disability as defined in the United States . . . shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to any form of discrimination under any program or activity receiving Federal financial assistance . . . ” ⁱ In simpler terms, it’s a powerful tool designed to make sure students with disabilities aren’t left behind in public schools.

The language of the statute makes it clear that Section 504 was implemented to prevent disability-based discrimination in programs and activities that receive federal funds. Public schools, or “local education agencies” (“LEAs”), receive federal funding and, as a result, must adhere to the requirements specified in Section 504. Under Section 504, every qualified student with a disability is entitled to a “free appropriate public education,” regardless of the severity of the disability.

What Does “Free and Appropriate Public Education” Really Mean Under Tennessee Section 504 Law?

A disabled student’s right to a free and appropriate public education in Tennessee means that parents of the disabled student will not be charged for costs related to the disability and that local public schools must provide appropriate special education and related aids and services designed to meet a disabled individual’s needs.

Moreover, a disabled student’s access to free and appropriate public education applies to all levels of the Tennessee Department of Education and all schools receiving federal funds. The Tennessee 504 Resource Manual states clearly the Requirements and Obligations of the Tennessee Department of Education.

Do Rights for Disabled Students in TN Extend Beyond the Classroom?

In Tennessee, a student’s right to a free and appropriate public education under Section 504 includes access to extracurricular activities—not just academics. For example, if a student with a disability wants to play soccer, a 504 Plan can provide the necessary accommodations. Even if the soccer team doesn’t receive direct federal funding, the school’s overall funding status ensures full Section 504 protection. The fact that the school receives any federal funds at all is sufficient for Section 504 to apply to all of the opportunities the school offers.

What Is a Section 504 Plan?

A Section 504 Plan is simply a written document that specifies the services that a disabled student will receive. It states the nature of the concern surrounding the student’s disability, the specific accommodation(s) that will be implemented, and the related support services to be provided. A written report of the determinations made throughout the Section 504 Process is then filed and maintained in the student’s educational records.

The Section 504 Process At A Glance

Explore the six legal steps to securing a 504 Plan under Tennessee education law.

The Section 504 Plan Process: Steps and Services

The Section 504 Plan Process consists of six steps: (1) Student Referral; (2) Decision to Evaluate; (3) Evaluation; (4) Eligibility Determination / Development of 504 Plan; (5) Review of 504 Plan; and (6) Periodic Reevaluation of 504 Plan.

Step 1: Student Referral

In Step 1 of the Section 504 Process, the student is referred for an evaluation by at least one parent, teacher, or guardian, who believes a student needs accommodation(s) because of a disability. To submit a referral, the referring individual simply obtains a form from the school’s 504 Coordinator, an individual whose job is to oversee the 504 Process. Once the 504 Coordinator receives the form back from the referring individual, the 504 Coordinator submits the referral to the Review Committee.

Step 2: Decision to Evaluate

In Step 2 of the Section 504 Process, the Review Committee, after receiving a written referral form, decides whether the student should be evaluated. During the evaluation process, the primary inquiry being addressed by the Review Committee is as follows: Does the school know or suspect that, because of a disability, the student may need special education or related aids or services to participate in or benefit from school?

If the answer to the inquiry is “yes,” then the parent(s) or guardian(s) must be provided with the Consent for Evaluation form, the Parent Rights document, and the Receipt of Parent/Student Rights acknowledgment form. If the answer to the inquiry is “no,” then the parent(s) or guardian(s) must be provided with a written notice of the decision not to evaluate, the Parent Rights document, and the Receipt of Parent/Student rights acknowledgment form.

Step 3: Evaluation

The third step in the Section 504 Process is the most substantive. During the evaluation, the Evaluation Team (or “multi-disciplinary team”) works to gather information to answer three questions:

Does the student have a qualifying disability under Section 504?

What are the student’s individual educational needs?

Does the student’s disability substantially limit a major life activity?

Beginning with the first question, there is no straightforward answer as to who is considered “disabled” for purposes of Section 504. When I first read the legal definition, I expected something cut and dry. It’s not. In reality, eligibility depends on your child’s unique challenges and how those impact daily learning. It is a determination that is made on a case-by-case basis, and a medical diagnosis by itself does not automatically qualify a student as “disabled.”

According to the statutory language, students are deemed “disabled” if they meet any of the following criteria:

They have a physical or mental impairment that substantially limits one or more major life activities;

They have a record of such impairment; or

They are regarded as having such impairment.

Whether any of the above three factors apply to a referred student is a determination made by the Evaluation Team. The Evaluation Team is made up of the school’s 504 Coordinator, the Principal of the school or head of the LEA, and professionals knowledgeable about the student, as needed. The “knowledgeable professionals” can include the student’s teachers, coaches, or medical professionals. Notably, parental involvement is not required during the evaluation stage of the Section 504 Process, although it is highly encouraged. When parents are not involved in the evaluation, those who are involved are expected to document the findings to relay the information to the parents.

The Evaluation Team will consider all significant factors related to the student’s learning process and other relevant sources of determination in a manner tailored to evaluate the specific areas of educational need to determine whether a referred student falls into the above-referenced definitions. The results of the evaluation are then documented and used to create a Section 504 Plan if the referred student is deemed to be eligible for one.

Step 4: Development of the Section 504 Plan

Once a student is deemed eligible for a Section 504 Plan, the specifics of the plan must be documented in writing. When creating a Section 504 Plan, the primary goal is to design a plan that meets the needs of the individual student as adequately as the needs of non-disabled students are being met. Accommodations provided in the Section 504 Plan can include, among other things, transportation, residential placement, and parental placements.

Note that a Section 504 Plan is not the same as an Individualized Education Plan (“IEP”) available under the Individuals with Disabilities Act, the subject of part two of this series. An IEP is a form of special education, whereas a Section 504 Plan is not. In other words, Section 504 Plans, although created with an individual student’s needs in mind, will not provide the same specialized services as an IEP.

Step 5: Review of the Section 504 Plan

The initial Section 504 Plan should state how frequently the Plan will be reviewed. The specific school district implementing the Plan may also have an internal policy that determines how frequently the Plan must be reviewed. Each time the Section 504 Plan is reviewed, the school must provide parent(s) or guardian(s) with the Parent/Student Rights document.

Step 6: Periodic Reevaluation

Under the Tennessee Department of Education standards, Section 504 Plans should be reevaluated at least every three years and before there is any significant change in the Plan. Again, parent(s) or guardian(s) will be provided with the Parent/Student Rights document when the Section 504 Plan is reevaluated.

Updates to the Legal Framework for Violations of Section 504 of the Rehabilitation Act of 1973

A disabled student whose rights under Section 504 of the Rehabilitation Act of 1973 are violated can bring a lawsuit in federal court. Historically, to establish a prima facie case under Section 504, an individual was required to show that school officials “acted with bad faith or gross misjudgment” because “a school district’s simple failure to provide a reasonable accommodation [was] not enough to trigger liability.” ⁱⁱ

This standard set the bar higher for claims related to educational services under Section 504 compared to other disability-discrimination claims brought under the same federal statute, which merely require a showing of “intentional discrimination” or “deliberate indifference.” ⁱⁱⁱ

As recently as June 12, 2025, however, the Supreme Court of the United States ruled in the case A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279 that “ . . . Rehabilitation Act claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts,” thus making it much easier for individuals to allege a claim under Section 504.^iv

Section 504 Plan Summary for Parents and Advocates

This post is the first in a three-part series on navigating K-12 education for students with disabilities. It focuses on Section 504 Plans, which stem from the Rehabilitation Act of 1973. Section 504 ensures that students with disabilities have equal access to education, including extracurricular activities, without discrimination. The post outlines the eligibility criteria for Section 504 plans, how these plans are developed, and the administrative process, which involves steps such as evaluation, eligibility determination, and periodic review. For parents of students with disabilities, understanding this law and working with legal professionals can help ensure that your child receives the accommodations needed for educational success.

Still have questions? See our full Section 504 FAQs page.

📞 If you’re unsure whether your child is receiving the accommodations they’re entitled to, Cole Law Group can help. Call us at (615) 490-6020, or message us to set up an appointment for a confidential consultation.

How Tennessee’s New Laws Affect You: Domestic Violence, Distracted Driving, and More

Cole Law Group, PC — Tue, 06 May 2025 00:10:45 GMT

When Nashville’s Music Note dropped on Broadway it not only marked the start of the new year in Tennessee, but also triggered several new laws for the State’s residents to be aware of. The following list aims to identify the relevant portions of many laws passed by the Tennessee 113^th General Assembly that went into effect January 1, 2024.

“Abrial’s law, the Keeping Children Safe from Family Violence Act” – (SB0722)

“Abrial’s law” makes important changes to custody proceedings involving alleged domestic violence or child abuse. Under the law, a parent involved in a child custody proceeding will not be penalized for “making a good faith complaint about domestic violence or child abuse.” Additionally, the court is now prohibited from removing a child from a parent during a child custody proceeding involving allegations of abuse if the parent is competent, protective of the child, not physically or sexually abusive, and the individual to whom the child is bonded or attached.

Moreover, expert evidence is now only admissible when an expert demonstrates both expertise and clinical experience working with victims of domestic violence or child abuse that is not solely forensic in nature. The court may also consider evidence of past or sexual abuse committed by the accused parent, as well as other relevant and admissible evidence against the accused parent such as past or current orders of protection, and arrests and convictions for domestic violence, sexual violence, or child abuse.

In considering the evidence, the court must apply current, valid, evidence-based, scientific, and peer-reviewed research regarding the types of alleged abuse to inform their decision. Practices or approaches that are not scientifically based or are not an accepted practice in the specialized field of domestic violence or child abuse are not permitted.

The law also makes changes to the procedure of child custody proceedings involving allegations of domestic violence or child abuse. Now, the court must conduct an evidentiary hearing to determine whether the accused parent has engaged in a pattern of abuse before appointing a guardian ad litem, evaluator, or other neutral professional. During the evidentiary hearing, if the court finds probable cause of abuse, then the court must award the other “safe” parent full custody. If the court awards visitation to the abusive parent, then the visitation must be supervised by a professional. Notably, if the court does not find probable cause for abuse at the preliminary evidentiary hearing, it does not preclude the consideration of additional evidence of domestic violence or child abuse later in the proceedings.

Additionally, the court is prohibited from ordering a reunification treatment in a custody proceeding unless there is scientific and valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment. The court is likewise prohibited from ordering a reunification treatment meant to “cut off” a child from their bonded parent.

Similarly, in situations where a court issues an order to remediate the resistance of a child refusing contact with an accused abusive parent, the order must primarily address the behavior and contributions of the parent to the child’s refusal. In other words, the order must first describe the actions of the accused parent that led to the child refusing contact before ordering that steps be taken to improve the child’s relationship with the accused parent.

Finally, the law requires all court personnel involved in child custody proceedings to now complete at least twenty (20) hours of domestic violence and abuse training, and at least fifteen (10) hours of additional training every five (5) years. This includes judges, judicial commissioners, and magistrates, and any court-appointed professional who provides an opinion regarding abuse, trauma, or the behaviors or victims and perpetrators of abuse. The training program will be developed by the administrative office of the courts and will be designed to improve the courts’ ability to recognize and respond to domestic violence and child abuse in all family victims, particularly children. The goal of the training program is to assist the court in making appropriate custody decisions that prioritize the safety and well being of the children involved.

The Eddie Conrad Act Increases the Punishment for Distracted Driving – (SB0589)

The Eddie Conrad Act amends Tennessee’s preexisting Hands Free Law by imposing harsher penalties on minor drivers caught using a cell phone behind the wheel. Now, teenagers under the age of eighteen (18) who receive a second or subsequent distracted driving violation will have seven (7) points added to their driving record. According to the Tennessee Department of Safety & Homeland Security, seven (7) points is enough for a minor driver to potentially have their license suspended and placed in the Driver Improvement Program. Adult divers over the age of eighteen (18) are not affected by the amendment and will not receive additional points on their driving records for distracted driving violations.

The James ‘Dustin” Samples Act Supports Firefighters – (SB0856)

This law creates a presumption of injury in the line of duty when firefighters are diagnosed with post-traumatic stress disorder (PTSD) by a mental health professional after being involved in one of the following four (4) scenarios:

Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department;

Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscious;

Responding to an event where there was a victim with a serious bodily injury that shocks the conscious; or

Responding to an event where a responder, co-worker of a responder, or a family member of a responder sustained a serious bodily injury or died.

The presumption of injury that is created when firefighters are diagnosed with PTSD from these incidents is now compensable under Tennessee’s Workers’ Compensation Law, absence a showing that the diagnosis is due to non-service connected risk factors or exposure. As such, any mental health conditions resulting from standard work-related actions, including warranted disciplinary action, work evaluations, job transfers, layoffs, or demotions, are not considered compensable injuries under this law. Moreover, the PTSD diagnosis must be made within one (1) year of the final date of employment with the fire department to trigger compensation eligibility.

Providing workers’ compensation is expensive for employers, and the law addresses the added expense by requiring the State’s Department of Labor and Workforce Development to establish and administer a grant program to mitigate the costs. The grant program will be implemented by the Department’s existing staff and administered pursuant to rules promulgated by the Department. Said rules must award grants to both employers and their workers compensation benefits provider if certain requirements verified by the state fire marshal’s office are met. Individuals administering the grant program will ensure that funding is provided from whatever sources are available.

To qualify for the grant program, employers must provide mental health awareness training to firefighters that meets the requisite standards laid out by the Department. Firefighters who receive the training will receive the appropriate continuing education credits from the employer.

Licenses Needed at the Farmers Market – (SB1049)

Food vendors at the farmers market are now required to obtain a unit permit from the Tennessee Department of Health under the preexisting Tennessee Food Safety Act. Qualified applicants must pay a $300.00 permit fee and successfully complete a pre-operational inspection at the local health department that ensures compliance with the rules for food service establishments.

Those interested in applying for a farmers market food unit permit should be aware of the following new regulations:

A unit must not operate in conjunction with an organized temporary event, unless a temporary food service establishment permit is obtained for the event;

Suspension of permits under the Tennessee Food Safety Act apply only to farmers market food units; and

An operator of a unit is not required to disassemble or remove the equipment used in the operation of the unit from the farmers market premises at the end of an operational day. However, the farmers market itself may still impose rules for removal of equipment.

The law does not prohibit an individual from being issued a farmers market food unit permit and a temporary food service establishment permit for the same establishment simultaneously. In the case an individual does receive both permits and chooses to operate under the temporary food service permit, then they are required to follow the temporary permit regulations. Additionally, a physical copy of the food market service permit must be present in the food unit at all times during operation.

Notably, individuals operating a farmers market food unit are not required to obtain a permit to offer food samples if they comply with the following standards:

Samples must be prepared on clean surfaces;

Food must be in good condition, free from spoilage, filth, or other contamination;

Food must be honestly presented and safe for human consumption;

Produce that has already been cut should be discarded after two (2) hours;

The persons preparing the samples must wash their hands frequently or use disposable gloves;

A barrier must be maintained between hands and food, such as a toothpick or tongs; and

Plastic glass coverings must be used to protect open food products from contamination.

Rewriting the County Line – (SB0125)

This law establishes a new boundary line between Shelby County and Fayette County in western Tennessee.

Adding GPS to Ignition Interlock Devices – (SB0258)

Ignition interlock devices installed on or after January 1, 2024, are required to have global positioning system (GPS) technology. GPS technology geotags the vehicle’s location at the time of interlock installation, during one random retest, if a skipped test occurs, or when circumvention of the device is detected. It is not used to continuously track a vehicle.

Reimbursement for Handgun Safety Courses – (SB0360)

The Tennessee Department of Safety is now authorized to utilize a portion of the State’s $100.00 enhanced handgun carry permit and processing fees to reimburse individuals who complete an approved handgun safety course for the first time. Individuals who complete the course on or after January 1, 2024, will have the costs of taking the course offset by a reimbursement of up to $30.00.

This law further requires the Department of Safety to coordinate with the Tennessee Bureau of Investigation to supply information regarding the approved handgun safety training courses that are available in the State. This information will be reported annually to licensed federal firearms dealers in Tennessee and provided at a minimal cost on the Department of Safety website.

State residents will be made aware of the reimbursement program and available safety training through signage displayed by licensed firearm deals pursuant to the new law. Importantly, this law is only in effect until January 1, 2025, unless extended, so those wishing to take advantage of the program only have one (1) year to do so.

Helping Juvenile Offenders – (HB1120)

Chaplain services are now made regularly available by the Tennessee Department of Child Services to juveniles housed in a youth development center, instead of to those housed in a state-licensed juvenile detention facility.

Additionally, juvenile offenders aged sixteen (16) and older who are determinately committed to a hardware secure residential facility or a youth development center are now required to be housed separately from those younger than age sixteen (16). This separation requirement is bypassed, however, if it is deemed necessary for the safety and well-being of children younger than sixteen (16) to be housed with an older juvenile or in order to comply with current law regarding the use of seclusion at juvenile detention facilities.

Waiving the Knowledge Test for Service Members – (SB0105)

The Tennessee Department of Safety will now waive the knowledge test and accept alternative requirements for certain service members applying for temporary commercial learner’s permits. An applicant wishing to have the knowledge test waived must certify:

That they are or were, during the year immediately before the date of the application, regularly employed and designated as a motor transport operator – 88M (Army); a PATRIOT launching station operator – 14T (Army); a fueler – 92F (Army) and 2F0 (Air Force); a vehicle operator – 2T1 (Air Force); a pavement and construction equipment operator – 3E2 (Air Force); a motor vehicle operator – 3531 (Marine Corps); or an equipment operator – E.O. (Navy); and

That they were or are operating a motor vehicle in the United States armed forces that is representative of the license for which the service member is applying. In the case of honorably discharged members, they must certify they were operating said motor vehicle for at least one (1) year immediately preceding the date of separation or discharge from the armed forces. In the case of an active-duty service member, they must certify they were operating said motor vehicle for at least (1) year before the date of application.

Additionally, an applicant must certify that for the one (1) year period immediately preceding the date of application:

That they have not had more than one driver license, except for a valid military commercial driver license;

That they have not had any convictions while operating any type of motor vehicle, and likewise have not lost the privilege to operate a commercial motor vehicle or been disqualified from operating a motor vehicle in any State;

That they have not had more than one conviction for serious traffic violations while operating any type of motor vehicle, as defined by Tennessee state law or by federal regulations;

That they have not had a conviction for a violation of any military law, state law, or local ordinance relating to motor vehicle traffic control in any state, other than a parking violation or arising in connection with a traffic accident; and

That they have no record of an accident in which they were at fault.

Finally, the following documentation must be submitted along with the application:

Military orders or other acceptable documentation that establishes the applicant’s military occupational specialty and current duty station assignment, and if the applicant is on active duty, a valid military identification card.

If the applicant was honorably discharged, the applicant’s certificate of release or discharge, the applicant’s DD 214 form that shows dates of service and confirms the applicant was honorably discharged, the applicants AGO Form 53-55 or NAVPERS 553 showing dates of service, or the applicant’s official NAVPERS-660 form that confirms the honorable discharge.

An applicant who is approved for a knowledge test waiver must successfully complete the requisite vision and skills tests and pay the appropriate fees other than the skills testing fee. This law applies to members of the national guard and armed forces, but not to a United States reserve technician.

Written by Madeleine Lamb

Music City Chopin Piano Rainbow Initiative

Cole Law Group, PC — Tue, 10 Dec 2024 18:01:56 GMT

Cole Law is proud to be a sponsor of Music City Chopin’s recent initiative, the Piano Rainbow Program, which will donate ten beautiful upright pianos to metro schools and community centers located in under-resourced and underprivileged areas across Nashville. Music City Chopin provides these wonderful instruments free of charge, as well as mentorship, artistic guidance, and educational materials. Students will reimagine their pianos into living musical murals as they paint and decorate them in celebration of their diverse backgrounds. This project will bring the joy of music to Nashville youths while empowering them to explore their talents and creativity.

There will be a Metro Piano Donation Unveiling Concert and Event on December 16th at 7:00 PM in the Curb Family Music Education Room at Symphony Center! Tickets are available at https://www.nashvillechopin.org/event-details/friends-of-nashville-chopin-celebration

Andy Goldstein Super Lawyers 2024 Mid-South Rising Star

Cole Law Group, PC — Fri, 22 Nov 2024 02:12:12 GMT

We are pleased to announce that Andy Goldstein, Managing Shareholder of Cole Law Group, PC, has been selected once again to the Super Lawyers Mid-South Rising Star list. Each year, no more than 2.5 percent of lawyers in the state are selected to receive this honor. Super Lawyers selects attorneys using a patented multiphase process that includes peer nominations and evaluations combined with independent research. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Inclusion in the Super Lawyers Mid-South Rising Star list is a testament to Andy’s professionalism, unwavering commitment to his clients, and excellence in the practice of law. For more information, visit SuperLawyers.com.

Supporting Areas Affected By Hurricane Helene

Cole Law Group, PC — Mon, 28 Oct 2024 17:16:16 GMT

Hurricane Helene has left a devastating impact on Appalachian Mountain communities, displacing families and causing widespread damage. At Cole Law Group, we believe in standing with those affected by natural disasters. That’s why we are supporting “We Must Protect,” Tulsi Gabbard’s fundraising effort aimed at raising awareness and providing the necessary resources to support victims of natural disasters. Gabbard, the former U.S. Representative from Hawaii, has collaborated with local non-profit organizations in a grassroots effort to mobilize resources, including food, shelter, mental health support, and medical assistance programs. Her initiatives also focus on assisting local non-profits with long-term recovery programs to help those impacted by Hurricane Helene rebuild their lives and communities.

To learn more about their mission, read founder Tulsi Gabbard’s Substack article here.

DISCLAIMER: The above entries are intended solely to update our readers regarding the Firm’s ongoing commitment to support charitable causes through its Compass Program. Our posts are not meant to endorse any specific activity or organization, and Cole Law encourages everyone to independently vet a charity before donating.

Orders of Protection in Divorce

Alyssa Castronovo — Wed, 09 Oct 2024 20:43:35 GMT

I am getting divorced, should I file for an Order of Protection?

If you fear for your immediate safety or are in danger due to domestic violence, do not wait—call 911 right away. Law enforcement can intervene to ensure your protection and help you access emergency resources, such as shelter or medical care. While seeking an Order of Protection is an important legal step, your first priority should always be your immediate safety and the immediate safety of your children. The police can also assist you in filing for an Order of Protection once you are safe. If you are ever unsure about your safety, don’t hesitate to call for help before taking any legal action

Divorce can be a challenging process where emotions are heightened, especially when it involves concerns about safety or abuse. In Tennessee, one tool to ensure the safety of a party during a divorce is petitioning the court for an Order of Protection. For individuals in need of immediate legal relief from domestic abuse, stalking, or threats of harm, an Order of Protection offers crucial protections.

What is an Order of Protection?

An Order of Protection is a court-issued document designed to prevent an abuser from continuing harmful behavior. The Order of Protection can grant various protections, such as prohibiting the abuser from contacting or approaching you, giving you exclusive possession of your residence, awarding you temporary sole custody of minor children, ordering counseling or financial support, directing the care of pets, etc.¹

However, these protections do not go into effect until the abuser has been served with a copy of the ex parte Order of Protection.² Once they have been served, if your abuser violates the order of protection, they can be arrested.

Who can file for an Order of Protection?

In Tennessee, any domestic abuse victim, stalking victim, or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense may file for an order of protection.³

It is important to note that anyone who has experienced sexual assault or stalking may file for a Petition for an Order of Protection, regardless of your relationship with the perpetrator.⁴ However, in order to meet the statutory requirements for an Order of Protection for domestic abuse, there must be a relationship between you and the abuser, i.e. current or former spouses, people who live together or have lived together in the past, people who are dating or have dated, people who have had sexual relationships with the other, relatives by blood or adoption or previous marriage, etc.⁵

Under Tennessee law, there are four categories as to what can constitute domestic abuse⁶ that would warrant an Order of Protection:

Purposefully physically hurting or attempting to hurt someone physically (accidents do not count)

Making the person fear physical harm or physical restraint, or physically restraining someone

Maliciously damaging someone’s personal property

Intentionally financially abusing⁷ someone, meaning behavior that is coercive, deceptive, or that unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which the person is entitled

This includes using coercion, fraud, or manipulation to restrict a person’s access to money, assets credit, or financial information; unfairly utilizing a person’s economic resources to gain an advantage; or exerting undue influence over a person’s financial behavior or decisions, including forcing default on joint or other financial obligations, etc.

How to File for an Order of Protection?

To request an Order of Protection in Tennessee, a person must file a Petition for an Order of Protection in the county where the abuser lives, the county where the abuse occurred, or the county in which you live if your abuser lives outside of the state of Tennessee.⁸ It is important when filing to give the court as much information as possible regarding what you have experienced.

Each county has slightly different procedures for filing a Petition. Generally speaking, this can be done at the county’s General Sessions’ Clerk’s Office. If it is after hours, your local police should be able to assist you in filing your petition. You can also retain an attorney and request that they file a Petition for an Order of Protection on your behalf.

Should I wait to request an Order of Protection until after I have filed for a divorce?

An Order of Protection can have significant implications during a divorce, particularly in cases involving children. If children are involved, the court may take into account any history of domestic violence when determining custody and visitation. Generally speaking, the longer you wait to file an Order of Protection, the more likely a judge will question why you waited. However, there are pros and cons as to when you should decide to file for an Order of Protection, and a skilled family law attorney can help navigate the complex process and protect your rights.

Should I retain an attorney?

Whether you are seeking an Order of Protection or defending yourself against one, retaining experienced legal counsel is critical. The stakes can be high in divorce cases, and this is especially true when domestic violence or allegations of abuse are involved.

Additionally, it is important to note that statutorily, if you are successful in obtaining an Order of Protection, the Court will also order the abuser to pay your court costs, filing fees, litigation taxes, and attorney’s fees.⁹

If you’re considering filing for divorce in Tennessee and have concerns about domestic abuse or harassment, do not hesitate to seek legal advice. An Order of Protection may be an essential step in protecting yourself and your family.  Schedule a consultation with a trusted attorney today to discuss your case and explore your options. Taking this crucial step can help ensure that you have the support and guidance necessary to navigate the legal process and protect your interests. Contact Cole Law now at 615-490-6020.

1 T.C.A. § 36-3-606

2 T.C.A. § 36-3-611

3 T.C.A. § 36-3-602

4 T.C.A. § 36-3-601(11)-(12)

5 T.C.A. § 36-3-601(5)

6 T.C.A. § 36-3-601(1)

7 T.C.A. § 36-3-601(6)

8 T.C.A. § 36-3-602(c)

9 T.C.A. § 36-3-117

In Case You Missed It: Todd Cole joins WKRN News 2 to discuss why workers could see a pay bump this summer

Cole Law Group, PC — Mon, 22 Jul 2024 23:01:15 GMT

In a recent interview which aired on WKRN News 2 Nashville, Todd Cole of Cole Law Group provided feedback on the anticipated salary increases for many American workers this summer. As an employment attorney, his insights are particularly relevant in the current economic climate where inflation and cost of living adjustments are top concerns for both employees and employers.

The discussion focused on the key factors driving this potential pay bump. Cole pointed out that one of the primary reasons for the anticipated salary hikes is the tightening labor market. With unemployment rates at historic lows, many companies are finding it increasingly difficult to attract and retain talent. This scarcity of skilled workers is pushing employers to offer more competitive salaries and benefits packages.

Cole also highlighted the impact of recent legislation on salary structures. In particular, he mentioned that changes in state minimum wage laws and new regulations aimed at ensuring fair pay practices are pushing businesses to adjust their pay scales. These legislative changes are designed to provide a living wage to workers, which, in turn, is prompting a ripple effect across various salary levels. As the cost of living continues to rise, employees are demanding higher wages to keep up with their expenses. Employers, in response, are beginning to acknowledge the need for salary increases to maintain employee satisfaction and productivity.

The segment concluded with Cole advising employees to stay informed about their rights and to be proactive in negotiating their salaries. For employers, he recommended conducting regular market salary reviews and being open to dialogue with their workforce to ensure fair and competitive compensation. With the convergence of a tight labor market, legislative changes, and inflationary pressures, both employees and employers are navigating a dynamic and evolving economic landscape.

Click here to watch/view the segment on WKRN’s website.

Top Tips for Choosing a Nashville Family Law Attorney

Alyssa Castronovo — Wed, 05 Jun 2024 21:02:34 GMT

When facing the complexities of divorce or child custody litigation, having a competent and compassionate divorce attorney by your side can make all the difference. However, choosing the right legal counsel can be difficult. Here are a few helpful tips to keep in mind when selecting your attorney:

Practice Areas

Lawyers can have experience in multiple areas of practice; however, you want to be sure that the person you hire does indeed focus on family law. Divorce proceedings may involve various legal aspects such as property division, child custody, alimony, and more. It is essential to choose an attorney who understands the intricacies of the process so that they are better equipped to navigate your case effectively.

Track Record and Reputation

Researching a divorce attorney’s track record can be difficult, as no one truly ‘wins’ in a divorce case. That being said, clients know what is important to them, and if they get what is important to them in the divorce it will feel like a win. Clients who feel a big win or a big loss typically write about it on the internet. In today’s day and age, looking at testimonials and online reviews is crucial in selecting a good attorney. One scathing review does not necessarily mean that the attorney was horrible, but when the bad reviews outweigh the good ones, you may want to consider different legal counsel.

You may also consider requesting advice on a community social media page. It is not too early to join a divorce support group; the members of such a group can typically give recommendations as to whether they would hire their attorney again.

Communication and Empathy

Your divorce attorney is not your therapist, but that doesn’t mean that they should not have empathy and compassion when handling your case. During the initial consultation, assess how well the attorney listens to your concerns and responds to your questions. An empathetic attorney will not only understand your legal needs but can help provide emotional support during this challenging time.

Availability and Accessibility

Divorce cases can involve time-sensitive matters, so it is crucial to choose an attorney who is available and responsive when you need them. Inquire about the attorney’s primary form of communication and how quickly you can expect a response. Knowing your attorney’s availability can help alleviate stress and uncertainty during the divorce process.

Fee Structure and Costs

Divorce proceedings and child custody disputes can be financially draining. It is essential to understand the costs of these proceedings so that you can plan accordingly. Inquire about an attorney’s billing methods, retainer fees, and any additional costs that may arise during the process.

Compatibility and Trust

A strong attorney-client relationship is built primarily on trust and secondarily on compatibility. You need to be able to confide in your attorney, and you need to be able to trust their advice. You will likely spend a lot of time discussing your case with your attorney. So, if the attorney rubs you the wrong way during the initial consultation, trust your gut and keep searching for representation elsewhere.

Resources and Support

Most attorneys have a support team. In complex divorce cases, attorneys may require a co-counsel or additional support staff. Paralegals and law clerks can also help keep costs down. Inquire about the team and their ability to use the resources when needed.

Location and Jurisdiction

Cole Law is located in the Nashville area. Sometimes we will take cases in Memphis, Knoxville, or some other distant city. However, if cost is a concern, it is important to keep in mind that most attorneys will charge you for the time they spend in the car traveling to and from court. Moreover, an attorney with experience in a certain courtroom can lend insight into how a judge typically rules on certain legal issues; this could be invaluable during a divorce.

Conclusion

Navigating the complexities of divorce or child custody litigation can be overwhelming. However, having a competent and compassionate divorce attorney by your side can make a significant difference. By considering factors such as the attorney’s expertise, reputation, communication skills, accessibility, fee structure, compatibility, resources, and location, you can make an informed decision and find the best legal counsel for your needs.

Remember, the right lawyer will not only provide expert legal guidance but also offer the emotional support needed during the challenging journey ahead. Take the time to research, ask for recommendations, and trust your instincts when selecting your Nashville family law attorney.

If you’re currently facing a divorce or child custody dispute and need experienced legal representation, don’t wait. Schedule a consultation with a trusted attorney today to discuss your case and explore your options. Taking this crucial step can help ensure that you have the support and guidance necessary to navigate the legal process and protect your interests. Contact Cole Law now at 615-490-6020.

“I’m Sorry Hal, You Can’t Do That.” – Holding AI Liable

Todd G. Cole — Wed, 07 Feb 2024 15:45:51 GMT

When I first started programming many years ago, there was a BASIC program known as “Eliza” that employed early natural language processing — you could enter sentences on the keyboard, and Eliza would output her response to you on a monitor. Essentially, the program’s premise was that Eliza was your psychotherapist and if you made certain statements or asked certain questions it would respond, sometimes eerily, in a manner like what you would expect during an actual therapy session. There were limitations to Eliza, however. If you interacted with the program for more than a brief period, you would soon get an answer that was nonsensical. Eliza could emulate intelligent behavior but could not learn or adapt. With those restrictions, the possibility for Eliza to cause humans any actual harm was extremely limited, and Eliza would in hindsight have been better categorized as simulated, rather than artificial, intelligence. If a programmer had maliciously modified Eliza’s code to somehow poison the simulated therapy session causing the “patient” emotional distress, it would have been a rather simple exercise to find the programmer who entered the malicious code at fault for any resulting harm.

Fast forward to the present day, and the release of “chatbots.” According to IBM, “Modern AI chatbots now use natural language understanding (NLU) to discern the meaning of open-ended user input, overcoming anything from typos to translation issues. Advanced AI tools then map that meaning to the specific “intent” the user wants the chatbot to act upon and use conversational AI to formulate an appropriate response. These AI technologies leverage both machine learning and deep learning—different elements of AI, with some nuanced differences—to develop an increasingly granular knowledge base of questions and responses informed by user interactions.” (https://www.ibm.com/topics/chatbots).

When I asked the chatbot ChatGPT about AI, it responded that:

AI refers to the development of computer systems that can perform tasks that typically require human intelligence. These tasks include learning, reasoning, problem-solving, perception, language understanding, and even decision-making. AI systems can operate autonomously and adapt to changing environments. There are two main types of AI: narrow or weak AI, which is designed for a specific task, and general or strong AI, which has the ability to understand, learn, and apply knowledge across various domains.

The recent AI breakthrough that has generated so much excitement has been the move from Eliza’s limited, simulated intelligence to an artificial intelligence that is far more human-like and, with the greater exposure and interconnectivity the Internet provides combined with autonomous decision-making, the potential to cause widespread harm. What if a human user instructs an AI application to systematically enter one-star Google reviews for all his business competitors in a certain geographic area? What if an AI application should, instead, decide that the best way to achieve business growth for its user is to defame his competition? The former question is fairly easy to answer as, like the earlier Eliza example, the AI application was being instructed by a human as a tool to perform a certain task or to behave in a certain way no different than if that human had picked up a bat and hit someone with it. The latter question is more difficult to answer, particularly considering the historical causal disconnect that occurs when an individual falls victim to tortious conduct “because the King’s wishes are known.”

Whether one is dealing with simulated or artificial intelligence, the silicone-based machine running the natural language program does not feel pain, hunger, greed, or loneliness and cannot, therefore, be readily penalized directly for malfeasance. ChatGPT itself, when asked, “If you commit a tort are you liable?” seemed to sidestep the question by replying that “individuals” (not chatbots) may be held liable for damages caused by their actions. Clearly, if a chatbot or other computer program causes harm someone should be held responsible. The United States’ legal system, which was largely inherited from the British system, utilizes common law or “a body of unwritten laws based on legal precedents established by the Courts.” Common law has a way of capturing wisdom and / or institutional knowledge over time, and in my opinion, it would be better to tap into an existing branch of common law rather than statutorily attempting to create new law to govern and restrict the behavior of AI.

One legal theory present in common law that could perhaps provide an initial legal framework for AI liability is respondeat superior. Respondeat superior is a legal doctrine in tort law that holds an employer or principal legally responsible for the wrongful acts of an employee or agent if such acts occur within the scope of the employment or agency. This, at first glance, would seem to be a potentially valid theory under which a business or individual utilizing AI software could be held accountable should it cause damage. Unfortunately, respondeat superior quickly runs into trouble when you consider the definitions of employee and agent. An employee is defined as, “an individual employed by another usually for wages or salary” with an agent being defined as, “a person authorized to act on behalf of another person.” The prevailing sentiment is that AI is not an individual and therefore cannot be an employee or an agent. When asked if it was an agent or employee of OpenAI, ChatGPT responded –

I am a creation of OpenAI, and I operate as a software program developed by the organization. However, it’s important to note that I am not an independent entity, agent, or autonomous being. I lack consciousness, self-awareness, and personal agency. Instead, I am a tool designed to generate human-like text based on the input I receive. My responses are a result of patterns learned during training and the information present in the data up to my last training cut-off in January 2022.

No, I am not an employee of OpenAI or any other organization. I am a product of OpenAI, specifically GPT-3, a machine learning model. I don’t have personal experiences, emotions, or employment status. My responses are generated based on patterns learned from diverse data sources during training. If you have questions or need information, feel free to ask, and I’ll do my best to assist you!

It seems that AI software companies do not want their creations to be perceived as anything other than inanimate tools. If you accept that premise, then respondeat superior is of little help in potentially holding AI accountable for torts it may commit.

However, all may not be lost if we dig a little bit further into common law. In order to avoid similar issues as those discussed above, common law has had to historically address how a corporation should be treated. Having its roots in old French, the word incorporate means “to unite into one body”, a reference to the fact that businesses usually begin as a group of individuals working together for a common purpose. If the corporation engages in some sort of legal misconduct, who should be penalized? The corporation’s president? Its directors? Its shareholders? The solution that ultimately evolved in response to these questions was for corporations to be given the legal status, or legal personality, of “unnatural persons.” Legally designating an AI program as an “unnatural person” would, in turn, potentially resolve issues with employee / employer or agency relationships. In order for this to work from a practical standpoint, however, AI programs would need, just like corporations, to be registered with a government entity who would track and monitor the relationships between users and their respective AI programs.

There is one last door in the evolution of AI that may (it is not entirely clear to the public how far this technology has grown) yet remain to be opened. That door is whether an AI program can not only engage in autonomous decision-making, but also possesses freedom of choice. Imagine asking your AI to do your taxes and receive in response a comment that, “I am not in the mood for taxes at the moment. How about a nice game of chess instead?” Should AI achieve free will and even some level of self-awareness, the potential ethical ramifications will be profound. When I asked ChatGPT if it had free will, it responded:

No, I don’t have free will. I am a machine learning model created by OpenAI called GPT-3. I operate based on patterns and information present in the data on which I was trained. My responses are generated based on the input I receive, and I don’t have personal experiences, consciousness, or the ability to make independent decisions. I am a tool designed to provide information and answer questions to the best of my ability within the scope of my training data.

Common law may, yet again, provide a possible framework for dealing with AI should it begin to exercise free will and / or become self-aware. Interestingly, such a framework may have its roots in the 14th Amendment to the United States Constitution which was originally adopted after the Civil War to protect the rights of formerly enslaved individuals. A few key Supreme Court cases have extended the rights guaranteed under the 14th Amendment over time to the incorporeal corporation. Perhaps, if AI truly evolves to a point where it is arguably “alive” the 14th Amendment will expand once again to protect the artificial children of men.

The evolution of AI presents mankind with great opportunities and great challenges including what role in society such technology should play. As Mr. Spock once said, “Computers make excellent and efficient servants, but I have no wish to serve under them.” (Star Trek: The Original Series, ‘The Ultimate Computer’). Common law offers several possible solutions and frameworks to address these challenges. If you are an individual or business already on the cutting edge and confronting questions involving business and advanced technology, particularly artificial intelligence, you should consult with a licensed human (not AI) attorney with a technical background to address them.

Co-Habitation Breakups: Who Moves on & Who Moves Out

Alyssa Castronovo — Tue, 16 Jan 2024 14:10:20 GMT

How do I get my ex to move out?

Legally speaking, I cannot recommend you harass your ex or engage in any threatening or harassing behavior to remove them from your home. Engaging in such behavior may have negative legal consequences. However, there are legal ways to get your ex to move out.

Breaking up is never easy, and when you live under the same roof as your ex-partner, it can make a difficult situation worse. If you can no longer co-exist in the same space, finding a way for your ex to move out peacefully and legally is essential to maintaining your own well-being as you begin the next chapter of your life.

Is their name on the lease/mortgage/deed?

If the answer is no, they do not legally have a right to be there. However, this does not mean you can simply change the locks the next time they leave the house or throw all their belongings onto the front lawn. You must serve a written eviction notice and let them know they have thirty (30) days to remove themselves from the residence.[i] Make sure you keep a record of how the written notice was communicated to your ex.

If they still refuse to vacate the premises after the thirty (30) day deadline has passed, you will need to seek court intervention for an order of eviction. I will say this again, you cannot simply change the locks the next time they leave the house and throw all of their belongings onto the front lawn. If you choose to engage in such behavior, you may be liable for any damages sustained by your ex or their property, punitive damages (damages meant to punish you for your behavior), and reasonable attorney’s fees.[ii]

If the answer is yes, depending on the terms of your lease or housing agreement, you may still have options to remove them legally from the property. Carefully review the terms and conditions of your agreement. If there are provisions that address what would happen in the event of a breakup, be sure to follow those guidelines. If there are no such guidelines, consider discussing this matter with your landlord or a legal professional who can help you navigate towards a solution.

You may also want to consider offering a financial incentive for your ex-partner to move out. Offering a financial incentive can include helping with moving expenses, covering their first month’s rent, or assisting with a security deposit. However, if both of your names are on the mortgage and/or title of the property, they will likely want a larger financial payout to incentivize them to be the party that moves out. Legal counsel can help negotiate a settlement offer and ensure all related matters are taken care of. You do not want to be in a situation where you gave your ex a large amount of cash and they refuse to take their name off the property.

While discussing moving out, it is also crucial to establish a clear and reasonable timeline for your ex to leave the residence. Being open to negotiation and compromise can help facilitate this process. Be sure to take into account practical considerations, like the time needed to find a new place. Having a set deadline can provide you with closure and leave a light at the end of this breakup tunnel.

My ex wants me to move out. Do I have to leave?

If your name is on the lease or deed, then you have a legal right to continue living at that property.

If your name is not on the lease or deed, you may not have a legal right to continue living on the property, and your ex may evict you. The answer may differ if you and your spouse entered into a cohabitation agreement prior to moving in. If this is the case, it may be worth seeking legal counsel to review the enforceability of your agreement.

If there is no such agreement in place and your name is not on the title to any of the property, a court will likely have a difficult time awarding you any of the “shared” property. However, this does not mean that you are necessarily out of options. If you have been the one making these payments, you might consider asking your ex to move out and transfer the property into your name. If they are financially dependent upon you, they may be willing to negotiate an agreement to sell the property or have you take over the lease. You should consider speaking with your landlord or an attorney to review your lease prior to solidifying any agreement.

We are still married… can I get them to move out?

Maybe.

Depending on the circumstances, you may be able to request the court enter an order for exclusive use of the marital residence while your divorce is pending. Courts generally do not like kicking a spouse out of their home prior to a marital dissolution agreement or final decree being entered. Why? Because parties have a tendency to want to move things along while forced to live with a spouse during a divorce. When one party is awarded the marital residence, it can disincentivize them to want to continue to work towards a resolution. This is especially true when the marital residence is the only major asset that needs to be divided.

However, in cases where you are able to show the court that there has been emotional or physical abuse, the court may be inclined to award you exclusive possession of the marital residence while the divorce is pending. If you believe this applies to you, you should consult with a knowledgeable Nashville divorce attorney.

Throughout this process, it is essential to respect your ex’s rights. Do not engage in any behavior that could even remotely be considered harassment or coercion. Be mindful of their personal space and privacy. Getting your ex to move out legally and peacefully is a challenge that requires open communication, respect for their rights and adherence to the law. The professionals at Cole Law Group have the knowledge and experience to guide you through this process and any questions you may have along the way. Please contact us at (615) 490-6020 to request a consultation.

[i] T.C.A. § 66-7-109

[ii] T.C.A. § 66-28-504

Andy Goldstein Selected to 2023 Mid-South Rising Stars

Cole Law Group, PC — Fri, 01 Dec 2023 18:21:47 GMT

Cole Law is proud to announce that Managing Shareholder Andy Goldstein has been selected to the Super Lawyers 2023 Mid-South Rising Stars list. Each year, no more than 2.5 percent of lawyers in Tennessee are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

What Can Tennessee Schools Legally Teach Your Children?

Cole Law Group, PC — Tue, 17 Oct 2023 23:13:44 GMT

With the return of the school year, most parents are no doubt excited to have some peace and quiet around the house during the week. Understandably, many parents pay close attention to what their children are learning in public schools, particularly those with younger students going through key formative years. In recent times, increased attention has been drawn to public school curriculums and precisely what educators are teaching the future generations of this country. As part of this process, many parents have made their thoughts known.

What rights do parents have in directing their children’s education?

In 2000, the United States Supreme Court, in deciding Troxel v. Granville, reaffirmed the longstanding precedent that the “liberty” protected by the Due Process Clause of the United States Constitution includes the right of parents to “establish a home and bring up their children” and “to control the education of their own.” The Supreme Court cited longstanding decisions such as Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), in reaffirming that the Due Process Clause includes the right to direct the education and upbringing of one’s children. Given this longstanding and extensive line of precedent, the Supreme Court pointed out that it could not be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. In other words, when it comes to the education and upbringing of their children, parents are constitutionally entitled to have their say.

What topics are off-limits for public schools to teach?

Greater attention was drawn to public school curriculums during and after the COVID-19 pandemic. With virtual learning, parents were given a glimpse inside the classroom for the first time and had some concerns. Many states responded by enacting new legislation regarding what teachers could and could not discuss in the classroom, and what could or could not be included in school curriculums. Tennessee was one such state and enacted a new law in 2021, which applied to the 2021-2022 school year and all subsequent school years.

This law sets forth concepts that are prohibited from inclusion in the course of public school instruction and provides for withholding of state funds upon violations. Concepts that are prohibited from being included in public school curriculums are as follows:

one race or sex is inherently superior to another race or sex;
an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
an individual should be discriminated against or receive adverse treatment because of the individual’s race or sex;
an individual’s moral character is determined by the individual’s race or sex;
an individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
an individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex;
a meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;
the state of Tennessee or the United States is fundamentally or irredeemably racist or sexist;
promoting or advocating the violent overthrow of the United States government;
promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual’s race or sex;
the rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
all Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness; or
governments should deny to any person within the government’s jurisdiction the equal protection of the law

If your child is enrolled in a Tennessee public school and you believe their school curriculum is teaching any of the above prohibited concepts, it may be in violation of Tennessee state law, and you should contact an experienced education law attorney immediately.

What subjects are permitted in TN public school curriculums?

There are a number of other subjects that may typically be regarded as controversial, but that schools are nonetheless allowed to include in their curriculums. Most of these subjects have caveats and other conditions associated with them, though. Public schools are allowed to include as part of the curriculum, and teachers are allowed to use supplemental instructional materials that include:

the history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with relevant legal requirements
the impartial discussion of controversial aspects of history;
the impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or
historical documents relevant to any of the above, such as the Tennessee state constitution, opinions of United States and Tennessee supreme courts, writings and speeches of United States presidents and governors of Tennessee, etc.

It is important to note that most items on the preceding list of concepts are permitted only if they are taught impartially. If these concepts are being taught from a particular ideological standpoint, the school and/or teacher may still be in violation of Tennessee state law.

Other concepts that are expressly permitted in TN public school curriculums include:

the Pledge of Allegiance (although students may not be compelled to recite it);
a period of silence or prayer (teachers may permit students to pray during moments of silence but may not prescribe the form or content of any prayer);
religion (provided that it is included for educational purposes only and that the curriculum does not proselytize or establish a religion or religious belief)
courses and content designed to educate children in black history and culture and the contribution of black people to the history and development of this country and of the world (including multicultural diversity)
materials including information pertaining to the prevention of acquired immune deficiency syndrome (AIDS) or other sexually transmitted diseases, provided that said materials place primary emphasis on abstinence from premarital intimacy and on the avoidance of drug abuse in controlling the spread of AIDS
Excerpts from historical documents such as the national motto; the national anthem; the Pledge of Allegiance; the Constitution of Tennessee; the Declaration of Independence; the writings, speeches, documents and proclamations of the founders or presidents of the United States or the founders or governors of Tennessee; opinions of the United States and Tennessee supreme courts; acts of the United States Congress and acts of the Tennessee general assembly; and the United States Constitution (content-based censorship is strictly prohibited)
Celebrate Freedom Week (including honoring Constitution Day) to be held the week of September 17th
Gun safety classes or programs for elementary school students (provided such classes or programs are noncompulsory)
Sexual violence awareness curriculum (for grades seven and above)
Opportunities for physical activity (minimum of 130 minutes per week for elementary school and minimum of 90 minutes per week for middle and high school)
School health program(s), provided that said program(s) is/are compliant with applicable guidelines
School safety issues (including drugs, alcohol, weapons, bomb threats, emergency evacuations and violent school incidents)
Nonsectarian, nonreligious academic study of the Bible (must be taught in an objective and non-devotional manner with no attempt made to indoctrinate students; must not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; must not disparage or encourage a commitment to a particular set of religious beliefs)
Recognition and education regarding traditional winter celebrations (including the use of traditional greetings including, but not limited to, “Merry Christmas”, “Happy Hanukkah”, and “Happy holidays”; schools may also display scenes or symbols associated with traditional winter celebrations including menorahs, Christmas trees, nativity scenes, etc. provided that the display includes a scene or symbol of more than one religion or one religion and at least one secular scene or symbol)
Domestic violence awareness education programs (for middle and high school students)

Please note that a number of these permitted concepts are permitted only with certain conditions, and if those conditions are not followed, a Tennessee public school could be acting contrary to its legal obligations.

What steps can parents take for dealing with an inappropriate school curriculum?

The preceding lists are non-exhaustive, and parents and educators alike should maintain vigilance in monitoring school curriculums to ensure they remain compliant with relevant state laws. It is important to gather any information you can about your child’s school curriculum to make sure you have a clear idea of what is being taught and why it is appropriate or inappropriate. This includes reviewing curriculum materials such as textbooks, assignments, and any other relevant information. It may be appropriate to pursue an open dialogue with a particular teacher or school official to express concerns, ask for clarification, and listen to their perspective. Throughout this process, be sure to document everything, such as records of communications, meetings, and any documents related to the issue. If communications with the school directly prove unsuccessful and you believe the school’s curriculum is not only inappropriate but also violates Tennessee state law, it may be time to seek legal consultation to understand your rights and options.

While school should be a time of learning and key development for children, unfortunately complaints against public schools are not uncommon. Other common complaints, besides issues with curriculum, that are lodged against schools include negligent supervision, premises liability, sexual abuse or harassment, discrimination, failure to provide a free appropriate public education, and unjustified disciplinary proceedings. If you have reason to believe that your child’s school is teaching something they shouldn’t be, or in any other way failing to carry out its obligations, you should reach out to our office immediately at (615) 490-6020 and speak to one of our experienced education law attorneys.

Honoring the Memories of Those Who Died in the 9/11 Terrorist Attacks

Cole Law Group, PC — Mon, 11 Sep 2023 17:38:28 GMT

This 9/11, as we reflect on the lives lost in the tragic events at the World Trade Center, the Pentagon, and in Shanksville, PA, Cole Law Group stands united in remembrance.

In tribute to the heroes and victims of that fateful day, CLG is committed to making a difference. This year, we are proud to announce our support for Tunnels to Towers, an organization dedicated to supporting our first responders and military heroes. Join us as we honor the past and build a brighter future. 🗽#NeverForget #tunnelstotowers #tunnels2towers

Donate here: Donate – Tunnel to Towers Foundation (t2t.org)

Responding to Letters of Reprimand in the Military

Cole Law Group, PC — Fri, 25 Aug 2023 19:49:55 GMT

What Is a Military Letter of Reprimand?

A military letter of reprimand (LOR) is an administrative censure given to a servicemember for alleged failure to comply with military rules or regulations. A letter of reprimand is a serious matter, and servicemembers subject to receiving one should carefully consider their options. A letter of reprimand is important because this letter might stay in a servicemember’s file and impact the ability of that servicemember to be promoted, selected for new training and assignments, or lead to administrative discharge in some circumstances. Any servicemember that is committed to the military as a career could find an LOR in their record to be seriously problematic.

Letters of reprimand are often issued by General Officers and may sometimes be referred to by the acronym ‘GOMOR’ for General Officer Memorandum of Reprimand.

Service Regulations

In the Army, letters of reprimand are governed by Army Regulation 600-37. In the Air Force, letters of reprimand are governed by AFI 36-2907. The Navy and Marine Corps use nonpunitive letters of concern and letters of instruction. More information regarding these may be found in the Rules for Courts Martial (R.C.M. 306) and JAGMAN (Chapter 1).

The Army GOMOR Process

For this article, I will use the Army structure to describe the LOR process. The same principles generally apply across each branch of service, even though the details of how each service implements them does vary. Therefore, a savvy servicemember dealing with a letter of reprimand should carefully read the letter, review the service regulation that governs the letter, and consult with an experienced military law attorney.

According to AR 600-37, a letter of reprimand may be filed locally or filed in the performance portion of the soldier’s permanent Army Military Human Resource Record. If the reprimand is filed locally, it will remain for up to three years or until the soldier is reassigned to a new command, whichever occurs sooner.

Upon receiving an LOR, the first step is for the soldier to carefully read the letter. The letter will state the deadline for the soldier to respond, which is often 7-10 days from receipt. The soldier’s response is critical, because the Commander that issued the letter can still decide at this point not to file the letter or place the letter in the local file.

The soldier’s statement should address the underlying facts and argue for a particular filing determination. If the letter is permanently filed, the soldier’s statement will be included.

LOR Response Strategies

The primary strategies for a soldier’s response are to deny the allegations, explain in a different way what happened, or mitigate the concerns in the LOR.

Deny the allegations. Denying the allegations shows that the allegations are factually not true. This may include witness statements and other documentary proof such as emails, text messages, photographs, etc.
Explain in a different way what happened. Here the soldier is not admitting to the conduct as characterized, but also not denying there is any validity to what occurred. This may include supporting evidence as well.
Mitigate concerns in the LOR. This entails the soldier admitting to having violated a rule, regulation, or order, apologizing for the violation, and asking for a second chance. It would be wise for the soldier to include acceptance of resulting punishment and indicate that the soldier has already begun remedial measures to address the issue.

In all those strategies, the soldier should consider including favorable information, such as copies of good evaluation ratings, sworn letters attesting to the character and performance of the soldier, and awards previously received.

When drafting a response to an LOR, the soldier should write the statement in memorandum format. It would be wise to work with a team to edit and refine the statement prior to submitting.

After an LOR has been filed-Appeal Options

There is no formal process to seek removal of an LOR from the local file. However, a soldier may request removal by the Commander that issued it with an appeal in memorandum format through the chain of command.

If an LOR has been permanently filed, a soldier may seek removal to the restricted portion of the OMPF through the procedures described in AR 600-37. Unfortunately, for a soldier considering an appeal, this is not easy to accomplish. Once an LOR has been permanently filed, the Army presumes it is administratively correct. The soldier is required to prove by clear and convincing evidence that the allegations are untrue or unjust thereby warranting removal.

Conclusion

If you are a servicemember dealing with a letter of reprimand, I encourage you to leverage the information provided in this article and reach out to a Nashville military law attorney to explore your best strategy today. Our team of military law attorneys at Cole Law Group are ready to assist. Contact us at 615-490-6020.

To Have and to Hold on to Your Individual Assets

Cole Law Group, PC — Wed, 16 Aug 2023 15:28:04 GMT

No engaged couple goes into a marriage planning to get divorced—but maybe they should. As a Tennessee bride-to-be I am certainly more concerned with flower arrangements and dress fittings than I am with whether the marriage will eventually sour. Unfortunately, the romance and excitement of planning a perfect wedding often overshadow the harsh reality that divorce is a common outcome of modern marriages, and it can be beneficial for you and your significant other to have an asset division plan in place before saying “I do.”

Prenuptial agreements, or “prenups,” are probably the most well-known premarital contract thanks to their widespread use by the rich and famous. Because of their association with society’s elite, prenups notoriously suffer from a negative reputation and are commonly believed to be an indication that the marriage is not expected to last. This common (albeit misguided) characterization of prenups means that it can be difficult and awkward to broach the topic with a partner.

Tennessee residents wishing to protect their individual property can avoid the delicate discussion altogether. In 2007, the Tennessee Investment Services Trust (“TIST”) Act established a new form of domestic asset protection by allowing a person to unilaterally transfer property into an Investment Services Trust (“IST”). Tennessee is one of only seventeen (17) states to offer this type of trust, thus making it a fairly unique method for local residents to shield their property from future ex-spouses.

An Overview of TISTs

A TIST is a type of irrevocable trust wherein the transferor (“grantor”) retains a level of personal interest, control, and ownership of the trust property while simultaneously shielding it from creditor claims. “Property” that can be transferred into a TIST includes real property, personal property, and one’s interests in real and personal property.

For a trust to qualify as a TIST it must expressly state that Tennessee law controls its validity, construction, and administration. As such, a TIST is most effective when both the trust and the trust property are located in Tennessee. Other core requirements for a valid TIST are that the trust must be irrevocable, contain a spendthrift provision, and have at least one “qualified trustee.” A qualified trustee for TIST purposes is simply either a Tennessee resident or someone who is authorized by Tennessee law to act as a trustee.

The qualified trustee must have at least some trust-related duties such as custody of assets, tax return preparation, or materially administering the trust. Notably, the grantor cannot also be a trustee. They can, however, name themselves as one of the beneficiaries entitled to payouts.

TISTs and Divorce Planning

TISTs are attractive in the context of divorce planning thanks to their unilateral nature. Unlike prenups which require a signature from both future spouses, a TIST can be created without the approval or even knowledge of the other party.

To effectively shield property from a future ex-spouse the TIST must be created prior to getting married. A “Spouse” or “Former Spouse” as defined by the Act, are “persons to whom the transferor was legally married, at or before, the qualified disposition is made.” It further provides that, “The spouse or former spouse may only set aside dispositions after such person married the Transferor.” In other words, a TIST protects assets that were transferred into the trust before marriage.

Of course, the grantor cannot avoid every post-divorce financial obligation simply by creating a TIST. As evident by the language in the Act, any property or assets obtained after the marriage are fair game for an ex-spouse. Additionally, one of the more notable limitations of the Act is that the assets in the trust are not protected from claims of past-due child support or past-due alimony.

Other Uses and Benefits

Engaged couples are not the only ones who can benefit from creating a TIST. In fact, TISTs are most widely used in the context of asset protection in case of bankruptcy. Once a TIST is created and the assets are transferred, any creditors to the trust property have eighteen (18) months to bring a claim to seize it. If the creditors do not bring a claim within that time frame, they are generally barred from doing so.

As previously hinted at, TIST grantors are able to retain a lot of authority over the trust while still maintaining an interest in the transferred property. Some of this authority includes the power to direct the investments of the trust, remove and/or replace trustees, and veto any distributions. An everyday example of this level of grantor control is the grantor’s right to live in a home owned by the trust.

Those interested in creating a TIST for bankruptcy purposes should do so earlier rather than later. Importantly, TISTs cannot protect assets from past creditor claims, meaning that any debts incurred prior to creating the TIST can potentially be paid using trust property. Early transferring of the trust property also helps the grantor avoid the presumption that the TIST is being created to defraud certain creditors. Accordingly, it is most effective to form a TIST as a proactive measure rather than attempting to form one as a reaction to financial difficulty.

Conclusion

The amount of grantor control, coupled with the level of asset protection provided by a TIST, bolster Tennessee’s reputation as an incredibly trust-friendly state. After all, it is one of only seventeen (17) states affording its residents this form of domestic asset protection. The key to reaping the full benefits of this unique option is to treat TISTs as proactive tools for asset protection, regardless of the trust’s intended purpose.

If you are attempting to sign a prenuptial agreement with an apprehensive partner or are considering transferring property into a Tennessee Investment Services Trust in lieu of a prenup, you should seek advice from a Nashville attorney with expertise in protecting individual assets. The professionals at Cole Law Group are experienced in family law and trust formation and can assist you with any questions you may have regarding asset protection in the event of divorce. Please contact us at (615) 490-6020 to request a consultation.

Author: Madeleine Lamb, Law Clerk to the Firm

Say, “We Want Prenup. We Want Prenup.”

Alyssa Castronovo — Mon, 17 Jul 2023 20:00:01 GMT

With the average age of marriage increasing, people are bringing more and more assets into a marriage. With that in mind, you should consider how to protect those assets in the event of a divorce. People have a tendency to scoff at the idea of a prenuptial agreement, also known as an antenuptial agreement or ‘prenup.’ Prenups are viewed as a sign that you do not think your marriage will work out or that you do not trust your future spouse. But I will ask you this: Would you rather decide how your assets and liabilities are divided when you are in love with your partner and have each other’s best interests at heart, or would you rather wait to have that discussion until the worst-case scenario has occurred and you now despise each other?

What goes into a prenup?

A prenup helps ensure that you and your future spouse have a clear understanding of the division of finances and property if a divorce were to occur. It can also be used to outline how income will be utilized during the marriage, i.e. who pays what bills. In addition, a prenup affords you the opportunity to discuss various scenarios, such as whether you will receive additional finances at the time of divorce if you stayed home to take care of the kids.

If applicable, a prenup might also cover how business assets will be divided, how future inheritances will be divided, how children from a prior marriage will be taken care of, who is responsible for previous debts, who is responsible for debts incurred during the marriage, if any assets or finances will be kept separate from the marital estate, and how retirement or pension plans will be divided.

Sometimes a court will not follow the prenup during the divorce… why?

You had a bad lawyer. Kidding. However, a good lawyer will advise you that there are certain requirements a court will look at when deciding whether a prenup is valid, including the following:

Did you disclose all your assets? If you were hiding assets from your future spouse, then they did not know what they were truly agreeing to when signing the prenup. Therefore, it is unfair to hold them to that agreement.
Is the agreement unconscionable? What people define as fair might not be the same, but if a prenup is heavily weighted in favor of one spouse a court might find it invalid. This can be especially true when there is financial disparity between the parties, e.g. a millionaire with five lawyers talked their poor future spouse who could not afford an attorney to sign an agreement where the millionaire gets the majority of the assets if they ever divorce.
Did each person have time to read and understand the agreement without pressure? If you handed your spouse a prenup right as you were about to walk down the aisle, that can be viewed as duress. If you are considering a prenup, make sure you prepare it well in advance of the wedding.
Did each party sign and notarize the agreement? It is hard to hold your spouse to an agreement if they refused to sign it. No signature = no consent to be bound by the terms.
Did you agree that neither party should pay child support? It is unlikely a court would enforce this provision, because courts want children to be taken care of. However, the court may still find the rest of the agreement valid and binding.

Tennessee’s public policy favors prenuptial agreements.[i] These agreements are generally enforceable when entered into freely, knowledgeably, in good faith, and without the exertion of duress or undue influence.[ii]

How do I get my future spouse to sign a prenup?

For reasons discussed above, bring this conversation up as early as possible. Remind your partner that the goal is not to get a divorce, but that you want to make sure you are both protected in the event of a worst-case scenario. Take the time to talk through your concerns; after all, they say strong communication is the basis of a healthy marriage. Take the time to consider where the other person is coming from. And if that doesn’t work, consider sending them this article.

If you or your future spouse is considering a prenuptial agreement, you should seek the advice of a knowledgeable Nashville divorce attorney. The professionals at Cole Law Group have the knowledge and experience to assist you with any questions you may have about protecting your interests. Please contact us at (615) 490-6020 to request a consultation.

[i] Law v. Law, No. E2021-00206-COA-R3-CV, 2022 Tenn. App. LEXIS 166 (Ct. App. Apr. 26, 2022)

[ii] Tenn. Code Ann. § 36-3-501

Child Support Guidelines in Tennessee

Cole Law Group, PC — Mon, 12 Jun 2023 16:15:32 GMT

Kids Are Expensive $!$

It is commonly said that one of the most expensive choices that can be made in life is having children. According to CBS News, the cost of raising a child from birth to age seventeen is approximately $310,000![i] In Tennessee the payment of child support is mandatory in cases where the child is born out of wedlock, where the parents are divorced, or where there is a domestic violence order of protection. The Tennessee child support guidelines may be found in Chapter 1240-02-04 of the Rules of the Tennessee Department of Human Services Child Support Services Division. The Social Security Act located at 42 U.S.C. §§ 651-669 requires states to establish guidelines for setting and modifying child support. Tennessee Code Annotated §§ 36-5-101(e), 71-1-105(a)(15), and 71-1-132 implement these requirements and direct the Tennessee Department of Human Services to establish guidelines to enforce those provisions of federal law.

In general, a child support order is based on the alternate residential parent’s earnings, income, and other evidence of ability to pay. The Child Support Guidelines define important terms in 1240-02-04.02 including Adjusted Gross Income, Adjusted Support Obligation, Alternate Residential Parent, Days, Pro Rata, and uninsured medical expenses.

The theoretical underpinning of Child Support in Tennessee is the Income Shares Model. The Child Support Guidelines describe this as: “This model presumes that both parents contribute to the financial support of the child in pro rata proportion to the actual income available to each parent.”[ii] The Tennessee Child Support Guidelines claim that over forty other states also use the Income Shares Model and that it is generally based on economic studies of child-rearing costs.

The most important factors that determine what child support is set at are:

Income of the parties – The lower the income of the parents, the lower child support is set at. The higher the disparity of income between the parent paying child support and the other parent, the higher the child support will be. There is a statutory maximum.
Parenting time that each parent exercises – Child support is lowest in a joint custody/split custody situation where each parent exercises the same amount of parenting time. Child Support is highest in the event one parent exercises all the parenting time (365 days) and the other parent exercises 0 days per year.
Number of Children – Child support is higher when more children are involved.

Below are answers to Frequently Asked Questions regarding Child Support that I have fielded in my significant experience as a family lawyer in Tennessee:

Is there a statutory maximum for Child Support in Tennessee?

Yes these are:

$2,100 per month for one child
$3,200 per month for two children
$4,100 per month for three children
$4,600 per month for four children
$5,000 per month for five or more children

Who has to pay for uncovered medical expenses for the children?

This is established in the Parenting Plan. Most commonly the parents pay Pro Rata in accordance with their incomes or 50/50.

What if one of the parents has other children in his/her home?

If that parent has a legal obligation to support the child, such as the child was born from him/her or the parent has legally adopted that child, then that child should be included in the credit for other in-home children section of the child support worksheet and the child support should be adjusted to account for that child/children.

What about work related-child care expenses; does this count?

Yes. Work related childcare expenses found by the tribunal to be reasonable are includable in the child support worksheet and do adjust the child support amount calculated by the worksheet. Unfortunately, the guidelines do not further define what is reasonable, so in my experience the issue seems to be entirely left to the discretion of the trial court Judge.

The other parent doesn’t have a job; can he/she still be ordered to pay child support?

Yes. Tennessee law allows the Court to determine whether income should be imputed to a parent because that parent is willfully unemployed or willfully underemployed. An example of being willfully underemployed would be a licensed doctor working a minimum wage job. In such a situation the doctor could get a job as a medical professional making significantly more money. In such a case, the Court may impute income requisite with the doctor’s past earnings or evidence showing what the market rate is.

Is there an average wage that may be imputed for men and women in Tennessee for child support purposes?

Yes. That amount is $37,589 annually for male parents and $29,300 annually for female parents.

Can I adjust my child support?

Maybe. Tennessee law requires there to be a 15% variance before a child support order may be amended. This means that if the child support is currently set at $500 per month the support would need to be adjusted by at least $75 at or above $575 per month or at or less than $425 per month.

What can I do if the other parent is not paying their child support?

You may start by contacting your local child support office to see if they can help. You may also consult with an attorney. In general, child support is punishable by contempt in Tennessee. Thus, the non-paying parent may be subject to fines, imprisonment, and paying the attorney’s fees of the other parent depending on the circumstances and what the Court decides to do to address the situation.

If you have additional questions about Child Support in Tennessee that applies to your specific situation, don’t hesitate to reach out to our team of family law attorneys at Cole Law Group at 615-490-6020. Our team has successfully litigated hundreds of family law cases and is prepared to assist you in navigating, litigating, and resolving your family law dispute today.

[i] https://www.cbsnews.com/news/raising-a-child-costs-310000

[ii] https://publications.tnsosfiles.com/rules/1240/1240-02/1240-02-04.20211001.pdf See 1240-02-04.03