Brad H. Frakes, Attorney at Law

What About the Pets in Divorce

Brad Frakes — Wed, 10 Sep 2014 15:39:11 +0000

Approximately 62 percent of American households have at least one pet. When a married couple decides to divorce, what happens to the pets? Many times, the decision does not reach a conclusion without a fight. In some cases, it requires judicial intervention to solve the problem. According to the reports from the American Academy of […]

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Back-To-School Tips For Divorced Families

Brad Frakes — Tue, 19 Aug 2014 14:46:00 +0000

More than 60 million American children go back to school every September. In most cases, children experience mixed feelings about this time of the year. Some children are sad that the end of summer has arrived, while others are excited to see their friends and begin a new school year. This is also an unusual […]

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Making Joint Custody Work

Brad Frakes — Thu, 31 Jul 2014 14:44:48 +0000

When two people have a child together, they become linked through that child. Even if the relationship ends and they each go on to marry other people, they still need to work together to help raise and support any children they have together. Making joint custody work may be one of the hardest things for […]

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Requests for Reasonable Attorney’s Fees

Brad Frakes — Mon, 09 Jun 2014 14:49:29 +0000

Attorney’s fees for contested issues in divorce and custody litigation can accumulate very quickly if the matter is not resolved by agreement of the parties in a timely manner. Therefore, in most contested divorce and custody litigations, one party, or both, requests that the other party be responsible for a portion, if not all, of […]

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The Effects of Filing Bankruptcy During Divorce

Brad Frakes — Fri, 09 May 2014 13:43:43 +0000

Upon filing any bankruptcy petition (chapter 7, 11, 12 or 13) an automatic stay immediately goes into effect without any notice to creditors, prohibiting all efforts to pursue collections against the debtor or against the debtor’s estate. This does NOT apply to specific domestic support orders issued in a divorce or paternity proceeding. Specifically, parties […]

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Caps On Tennessee Child Support For Monthly Incomes Greater Than $10,000

Brad Frakes — Thu, 03 Apr 2014 14:14:26 +0000

In Tennessee, the strict computation of child support applies only to the 1st $10,000 of net income. For those parents who are fortunate enough to net greater than $10,000 monthly, the calculation of child support is based off of the following: ● $2,100 per month for one child; ● $3,200 per month for two children; […]

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Frequently Asked Questions: Tennessee Child Custody

Brad Frakes — Wed, 12 Feb 2014 19:23:58 +0000

Who is the primary residential parent? The primary residential parent refers to the parent that the child stays with for more than six months in a year. This means that for the better part of the year, the child stays with this parent except for special events, holidays and weekends. For most people, the day […]

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Modifying Parenting Plan Made Easier

Brad Frakes — Wed, 08 Jan 2014 14:07:47 +0000

As of October 21, 2013, the Tennessee Supreme Court has held that the burden of modifying a residential parenting schedule should not be as burdensome as it had been in the past. Specifically, the parent attempting to change the residential schedule no longer has to prove that the change of circumstance which the modification is […]

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Surviving the Holidays after Divorce

Brad Frakes — Wed, 18 Dec 2013 14:36:37 +0000

Going through a divorce is rough. Whether the marriage ended over irreconcilable differences or for amicable reasons the very first holiday season that you spend on your own can bring about feelings of anger, depression, sadness, and even guilt. The complication escalates when there are children involved. For many parents loving and supporting their child […]

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Calculating “Days” of Custody to Determine Child Support

Brad Frakes — Wed, 13 Nov 2013 20:15:40 +0000

Many times divorcing parents have disagreements concerning what is the proper method of determining the number of days that the minor children spend with each parent for purposes of calculating child support? This may seem easy to count, but the calculation can become complicated when the minor children spend a portion of the same day […]

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