From a recent TN Supreme Court Ruling:

This appeal requires the Court to determine whether current Tennessee law permits the former husband of a child’s mother to pursue a claim against his former spouse for intentional or negligent misrepresentation regarding the identity of the child’s biological father. Following the dissolution of their nine-year marriage, the former husband of the child’s mother discovered that he was not the child’s biological father. He filed suit against the child’s mother in the Chancery Court for Maury County, alleging that she had intentionally misled him into believing that he was the child’s biological father. Following a bench trial, the trial court found that the mother’s former husband had proved that his former wife had intentionally misrepresented the parentage of the child and awarded him $134,877.90 in compensatory damages for the child support, medical expenses, and insurance premiums he had paid following the divorce, emotional distress, and attorney’s fees. The child’s mother appealed. Even though the Court of Appeals determined that the evidence supported the trial court’s finding that the child’s mother had intentionally misrepresented the identity of the child’s biological father, it (1) reversed the damage award based on the post-divorce payments for child support, medical expenses, and insurance expenses on the ground that these damages amounted to a prohibited retroactive modification of a child support order, (2) reversed the damage award for emotional distress, and (3) reversed the award for attorney’s fees. Hodge v. Craig, No. M2009-00930-COA-R3-CV, 2010 WL 4024990, at *12 (Tenn. Ct. App. Oct. 13, 2010). The former husband filed an application for permission to appeal arguing that Tennessee should permit recovery in cases of this sort for intentional or negligent misrepresentation of a child’s paternity. We have determined that the existing common-law action for intentional misrepresentation encompasses the claims made in this case by the former husband and that the trial court’s damage award based on the former husband’s post-divorce payments for child support, medical expenses, and insurance premiums is not an improper retroactive modification of the former husband’s child support obligation.

It's only natural that after divorce, parents -- lacking the support and help of a spouse -- often turn to their children to get practical help and emotional support. The boundary between generations gradually blurs and in many ways, the child may become a quasi-partner instead of a kid. It's so tempting. Right there in your house is a person who understands you, loves you and has two hands and a brain. The child is someone to talk to, someone who willingly offers hugs and kisses and someone who can help with the dishes, mow the lawn and even help discipline the younger siblings.

Be careful. There is a fine line between appropriately asking children to take on responsibilities at home and making them into mini-adults before they are ready. There is an even finer line between the usual conversations between parents and children and conversing with them in order to fill the gap left by your ex. [ link ]

Brazilian public notary Claudia do Nascimento Domingues set off a firestorm by granting Brazil's first civil union to a trio, an act so unprecedented that there isn't a word for it in Portuguese.

Uniao poliafetiva is the label she created. "Polyfidelitous union" is her best guess in English.

The relationship involves three professionals in their 30s -- one man and two women -- who, she says, live together, love one another as equals and are like any other non-married cohabiting couple -- except they are three.

What Domingues did was legally register the trio as a "stable union," a civil union that extends all of the benefits of marriage, though there is debate about what rights the threesome will actually enjoy. In short, it recognizes the trio as a family entity for public legal purposes.

Domingues has not released the identities of the three.

But not all are embracing the unique alliance. [ link ]

I am a family lawyer, but I don't sell divorce. I often hear something like this from prospective clients:

"I'm not sure that I want a divorce. Things have been bad for a while, but I am still hanging on. Sometimes I feel like it is over, but then I think of the kids, our house, our life. Is divorce really worth it?"

Your attorney is not there to convince you that your spouse is worthless, abusive or lacking in everything that you find valuable and good in this world, and they should never try to convince you that you need to leave your spouse if you are unsure.

If you can't decide if divorce is worth it, you probably need to consult with a marital counselor instead of an attorney. However, bear in mind that a marriage counselor or family therapist advocates for the relationship -- the unit of both husband and wife, together. [ link ]

As Family Dynamics Have Changed, Tennessee’s Alimony Law Has Evolved to Keep Pace

In March, the Tennessee Bar Association published the 10th Edition of the Alimony Bench Book. This useful tool is edited by members of both the bench and bar who strive to keep us informed and up to date on the current law and trends in alimony awards (and denials) across the state and provide useful information on enforcement, collection, taxation and bankruptcy of alimony. This article is written in celebration of the 10th Edition of the Alimony Bench Book and the efforts made by the Tennessee Legislature to enact an alimony statute that has kept pace with the changes in our society. [ link ]