Domestic Relations Legislation - Tennessee

Companion Bill SB0636. Adoption - Clarifies that a parent who attempts to support or visit a child or who files a petition to gain custody of a child has not abandoned a child for purposes of termination of parental rights; clarifies that an order terminating parental rights may be overturned on appeal if the appeal was timely filed notwithstanding the one-year statute of repose. - Amends TCA Title 36, Chapter 1, Part 1. Fiscal Summary for *HB0423 / SB0636Increase State Expenditures - $1,300,200 Other Fiscal Impact - Increase Federal Expenditures - $721,300 Bill Summary for *HB0423 / SB0636 Under present law, abandonment is grounds for terminating a person's parental or guardian rights to a child in order to make that child available for adoption. Present law considers the following to be abandonment: for a period of four consecutive months [...]

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Companion Bill HB0423. Adoption - Clarifies that a parent who attempts to support or visit a child or who files a petition to gain custody of a child has not abandoned a child for purposes of termination of parental rights; clarifies that an order terminating parental rights may be overturned on appeal if the appeal was timely filed notwithstanding the one-year statute of repose. - Amends TCA Title 36, Chapter 1, Part 1. Fiscal Summary for SB0636 / *HB0423Increase State Expenditures - $1,300,200 Other Fiscal Impact - Increase Federal Expenditures - $721,300 Bill Summary for SB0636 / *HB0423 Under present law, abandonment is grounds for terminating a person's parental or guardian rights to a child in order to make that child available for adoption. Present law considers the following to be abandonment: for a period of four consecutive months [...]

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Companion Bill SB1756. Child Custody and Support - Requires child support to be calculated at a rate of 27 percent of a parent's net income for one child, regardless of the amount of the parent's net income, and at such rate as the department of human services determines for additional children, provided that such rate is applied regardless of the amount of the parent's net income. - Amends TCA Title 36, Chapter 5, Part 1. Fiscal Summary for *HB1185 / SB1756Increase State Expenditures - $10,900 One-Time Increase Local Govt. Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - $21,000 One-Time Bill Summary for *HB1185 / SB1756 Present law specifies that in making a determination concerning the amount of support of any minor child or children, the court must apply, as a rebuttable presumption, the child support guidelines [...]

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Companion Bill SB2010. Child Custody and Support - Prohibits the child support guidelines published by the department of human services from taking into consideration an obligor's legal obligation to support, or actual support of, any children other than the children who are the subject of the decree of child support before the court. - Amends TCA Section 36-5-101. Fiscal Summary for *HB2109 / SB2010Increase State Expenditures - $10,900 One-Time Increase Local Govt. Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - $21,000 One-Time Bill Summary for *HB2109 / SB2010 Under present law, the department of human services issues child support guidelines, which create a rebuttable presumption of the appropriate child support obligation when a court is determining a child support award. Although present law leaves [...]

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Child Custody and Support - Rewrites provisions of the law relating to the rights of grandparents to petition for visitation time with their grandchildren. - Amends TCA Title 36, Chapter 6, Part 3. Fiscal Summary for *SB1627Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *SB1627 This bill revises the present law procedures for grandparents and stepparents seeking visitation rights with their grandchildren. PRESENT LAW Under present law, if a grandparent petitions for visitation, the court must first determine the presence of a danger of substantial harm to the child. Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit or chancery court of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents: [...]

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Companion Bill HB1185. Child Custody and Support - Requires child support to be calculated at a rate of 27 percent of a parent's net income for one child, regardless of the amount of the parent's net income, and at such rate as the department of human services determines for additional children, provided that such rate is applied regardless of the amount of the parent's net income. - Amends TCA Title 36, Chapter 5, Part 1. Fiscal Summary for SB1756 / *HB1185Increase State Expenditures - $10,900 One-Time Increase Local Govt. Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - $21,000 One-Time Bill Summary for SB1756 / *HB1185 Present law specifies that in making a determination concerning the amount of support of any minor child or children, the court must apply, as a rebuttable presumption, the child support guidelines [...]

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Companion Bill HB2109. Child Custody and Support - Prohibits the child support guidelines published by the department of human services from taking into consideration an obligor's legal obligation to support, or actual support of, any children other than the children who are the subject of the decree of child support before the court. - Amends TCA Section 36-5-101. Fiscal Summary for SB2010 / *HB2109Increase State Expenditures - $10,900 One-Time Increase Local Govt. Expenditures - Not Significant Other Fiscal Impact - Increase Federal Expenditures - $21,000 One-Time Bill Summary for SB2010 / *HB2109 Under present law, the department of human services issues child support guidelines, which create a rebuttable presumption of the appropriate child support obligation when a court is determining a child support award. Although present law leaves [...]

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Companion Bill SB0303. Criminal Offenses - Creates Class C misdemeanor offense of violation of an ex parte protective order prior to a court hearing and findings on such order; allows court to conduct hearing and make findings at time of violation. - Amends TCA Title 36; Title 39 and Title 40. Fiscal Summary for HB0380 / *SB0303 Increase Local Govt. Expenditures - Not Significant Bill Summary for HB0380 / *SB0303 Under present law, it is an offense to knowingly violate an order of protection or a restraining order. In order to constitute a violation: (1) The person must have received notice of the request for an order of protection or restraining order; (2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and (3) The court made specific findings [...]

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Companion Bill HB0380. Criminal Offenses - Creates Class C misdemeanor offense of violation of an ex parte protective order prior to a court hearing and findings on such order; allows court to conduct hearing and make findings at time of violation. - Amends TCA Title 36; Title 39 and Title 40. Fiscal Summary for *SB0303 / HB0380 Increase Local Govt. Expenditures - Not Significant Bill Summary for *SB0303 / HB0380 Under present law, it is an offense to knowingly violate an order of protection or a restraining order. In order to constitute a violation: (1) The person must have received notice of the request for an order of protection or restraining order; (2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and (3) The court made specific findings [...]

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Companion Bill SB1493. Divorce, Annulment and Alimony - Allows a court to grant pain and suffering, alienation of affection, or punitive damages from the marital property to a spouse who can prove by clear and convincing evidence that the other spouse committed adultery, abandoned the spouse, or physically abused the spouse within the previous year. - Amends TCA Title 36, Chapter 4, Part 1. Fiscal Summary for HB1495 / *SB1493Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for HB1495 / *SB1493 This bill allows a court acting on a petition for divorce to award appropriate damages to a spouse, to be taken from marital property, for pain and suffering, alienation of affection, or punitive damages. The spouse requesting such damages must prove by clear and convincing evidence that within [...]

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Companion Bill HB2888. Domestic Relations - Specifies that limitations on actions by creditors will not apply, and the creditors' claims will not be extinguished, if the transferor is indebted on account of an agreement, judgment, or order of court for the payment of one of the following: past due child support; past due alimony in solido of a spouse or former spouse; past due alimony or support of a spouse or former spouse; or a division of marital property of a spouse or former spouse. - Amends TCA Title 35, Chapter 16, Part 1. Fiscal Summary for SB3882 / *HB2888MINIMAL Bill Summary for SB3882 / *HB2888 PRESENT LAW Under present law, an action to enforce a judgment entered by a court or other body for an attachment or other provisional remedy against property that is the subject of a qualified disposition to an investment services trust [...]

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Companion Bill SB2910. Domestic Relations - Modifies various statutory provisions pertaining to divorce, separation, child support, and domestic violence. - Amends TCA Title 36, Chapter 4, Part 1; Title 36, Chapter 4, Part 1; Title 36, Chapter 5, Part 1; Title 40, Chapter 11, Part 1 and Title 56, Chapter 7, Part 23. Fiscal Summary for HB3044 / *SB2910Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for HB3044 / *SB2910 Present law generally requires in any proceeding for divorce or separate maintenance that the court order the parties to participate in mediation. This bill adds an exception to this requirement. Under this bill, the filing with the court of a properly executed marital dissolution agreement and, if there are minor children of the marriage, a properly executed [...]

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Companion Bill SB3458. Domestic Relations - Imposes guidelines on the appointment of guardians ad litem and attorneys ad litem in divorce and child custody proceedings. - Amends TCA Title 8; Title 36, Chapter 6; Title 36, Chapter 4 and Title 37. Fiscal Summary for HB3284 / *SB3458(CORRECTED) Increase State Expenditures - Exceeds $4,000,000 / Indigent Defense Fund Bill Summary for HB3284 / *SB3458 Under present law, in an action for dissolution of marriage involving minor children, the court may, upon its own motion or upon the motion of either party, appoint a guardian ad litem for any minor child of the marriage. This bill revises this authorization to allow the court to appoint either a guardian ad litem or an attorney ad litem, or both, but limits the authorization for either appointment to situations where the parties are [...]

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Companion Bill HB3284. Domestic Relations - Imposes guidelines on the appointment of guardians ad litem and attorneys ad litem in divorce and child custody proceedings. - Amends TCA Title 8; Title 36, Chapter 6; Title 36, Chapter 4 and Title 37. Fiscal Summary for *SB3458 / HB3284(CORRECTED) Increase State Expenditures - Exceeds $4,000,000 / Indigent Defense Fund Bill Summary for *SB3458 / HB3284 Under present law, in an action for dissolution of marriage involving minor children, the court may, upon its own motion or upon the motion of either party, appoint a guardian ad litem for any minor child of the marriage. This bill revises this authorization to allow the court to appoint either a guardian ad litem or an attorney ad litem, or both, but limits the authorization for either appointment to situations where the parties are [...]

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Companion Bill SB2925. Courts - Requires that fees paid to court reporters in a child custody and visitation case be made part of the record and sent to the AOC for purposes of reporting the amount of fees charged to the general assembly. - Amends TCA Title 20, Chapter 9. Fiscal Summary for *HB2905 / SB2925Increase State Expenditures - $80,300 Increase Local Expenditures - Not Significant Bill Summary for *HB2905 / SB2925 This bill specifies that in any case involving child custody and visitation, the total amount of the fees charged by a court reporter, broken down into the hourly rate, per page rate, or any other rate by which the service is charged, must be attested to by the reporter and made a part of the record in the case. This requirement would apply to the recording and transcribing of all proceedings in open court and such other [...]

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Companion Bill HB2905. Courts - Requires that fees paid to court reporters in a child custody and visitation case be made part of the record and sent to the AOC for purposes of reporting the amount of fees charged to the general assembly. - Amends TCA Title 20, Chapter 9. Fiscal Summary for SB2925 / *HB2905Increase State Expenditures - $80,300 Increase Local Expenditures - Not Significant Bill Summary for SB2925 / *HB2905 This bill specifies that in any case involving child custody and visitation, the total amount of the fees charged by a court reporter, broken down into the hourly rate, per page rate, or any other rate by which the service is charged, must be attested to by the reporter and made a part of the record in the case. This requirement would apply to the recording and transcribing of all proceedings in open court and such other [...]

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Companion Bill SB3882. Domestic Relations - Specifies that limitations on actions by creditors will not apply, and the creditors' claims will not be extinguished, if the transferor is indebted on account of an agreement, judgment, or order of court for the payment of one of the following: past due child support; past due alimony in solido of a spouse or former spouse; past due alimony or support of a spouse or former spouse; or a division of marital property of a spouse or former spouse. - Amends TCA Title 35, Chapter 16, Part 1. Fiscal Summary for *HB2888 / SB3882MINIMAL Bill Summary for *HB2888 / SB3882 PRESENT LAW Under present law, an action to enforce a judgment entered by a court or other body for an attachment or other provisional remedy against property that is the subject of a qualified disposition to an investment services trust [...]

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Companion Bill SB2924. Domestic Relations - Imposes guidelines on the appointment of guardians ad litem and attorneys ad litem in divorce and child custody proceedings. - Amends TCA Title 8; Title 36, Chapter 6; Title 36, Chapter 4 and Title 37. Fiscal Summary for *HB2904 / SB2924(CORRECTED) Increase State Expenditures - Exceeds $4,000,000 / Indigent Defense Fund Bill Summary for *HB2904 / SB2924 Under present law, in an action for dissolution of marriage involving minor children, the court may, upon its own motion or upon the motion of either party, appoint a guardian ad litem for any minor child of the marriage. This bill revises this authorization to allow the court to appoint either a guardian ad litem or an attorney ad litem, or both, but limits the authorization for either appointment to situations where the parties are [...]

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Companion Bill HB3044. Domestic Relations - Modifies various statutory provisions pertaining to divorce, separation, child support, and domestic violence. - Amends TCA Title 36, Chapter 4, Part 1; Title 36, Chapter 4, Part 1; Title 36, Chapter 5, Part 1; Title 40, Chapter 11, Part 1 and Title 56, Chapter 7, Part 23. Fiscal Summary for *SB2910 / HB3044Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *SB2910 / HB3044 Present law generally requires in any proceeding for divorce or separate maintenance that the court order the parties to participate in mediation. This bill adds an exception to this requirement. Under this bill, the filing with the court of a properly executed marital dissolution agreement and, if there are minor children of the marriage, a properly executed [...]

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Companion Bill HB2904. Domestic Relations - Imposes guidelines on the appointment of guardians ad litem and attorneys ad litem in divorce and child custody proceedings. - Amends TCA Title 8; Title 36, Chapter 6; Title 36, Chapter 4 and Title 37. Fiscal Summary for SB2924 / *HB2904(CORRECTED) Increase State Expenditures - Exceeds $4,000,000 / Indigent Defense Fund Bill Summary for SB2924 / *HB2904 Under present law, in an action for dissolution of marriage involving minor children, the court may, upon its own motion or upon the motion of either party, appoint a guardian ad litem for any minor child of the marriage. This bill revises this authorization to allow the court to appoint either a guardian ad litem or an attorney ad litem, or both, but limits the authorization for either appointment to situations where the parties are [...]

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