Recent Blog Posts

Collecting Child Support

John M. Milazo, Attorney at Law — Mon, 02 Jan 2012 21:26:00 GMT

Supporting ones own child should not require court intervention, but unfortunately often it becomes necessary to involve the court system to make a parent meet this responsibility. If a parent seeks help from the State of Tennessee in the form of W.I.C.K., Families First, TennCare, Food Stamps or other form of government assistance, they will be asked to identify the other parent and define their role in supporting this child. Child Support Services, a division of the Department of Human Services will then initiate proceedings to collect the support from the other parent despite the wishes of the custodial parent. If paternity has not yet been established this will be accomplished first. Child Support will then be set in accordance with the Child Support Guidelines.

Child Support is also set when parents are divorcing or when unwed parents are unable to agree on visitation and support and one files a Petition in court. A Support Order must accompany any Order of Visitation or Paternity. Parties may wing it on their own or retain competent experienced counsel to represent their interests. Nevertheless, support will be established and become part of the Court's Order.

Once Child Support is Ordered, it is the responsibility of the party paying the support to meet this obligation, but all to often this fails to occur. When a party fails to meet a Court Ordered obligation that they had the ability to accomplish, they may then be found to be in Contempt of Court for which they can be placed in jail. In Tennessee and especially in Williamson County, our judges are quick to incarcerate a parent who simply refuses to pay their support.

People often come before the court with valid reasons for failing to pay as Ordered. People are often not aware of the procedures required to reduce their support obligations when their circumstances change. Should they have lost a job by no fault of their own or incurred a medical condition or injury or even had another child, they may have been entitled to ask for a reduction in child support. Their failure to do so, places the Court without the remedy of relieving them of their past support obligation, but may serve to mitigate the circumstances and allow the Court to determine that the defendant did not have the ability to pay the support and thereby not throw them in jail. This does not mean that the support arrears are not still owed. This means that the support has been converted to a judgment and is now subject to execution and interest.

Executing a judgment on a dead beat parent is often difficult, but certainly can be accomplished. The driver's license, hunting/fishing license, handgun carry permit, professional license (ie lawyer, doctor, real estate agent), liquor or beer license, or passport etc may be denied or even revoked for arrears often resulting in voluntary satisfaction of the debt. More often; however, an income tax refund is seized and applied towards the arrears. Or, a law suit, inheritance or other windfall is seized and applied towards the judgment.

Other possessions, such as an automobile, television or boat may even be seized by the Sherriff's Department and sold with the proceeds applied to the arrears. Diligence such as this requires the services of an experienced attorney and may not be worth the effort or expense. Nevertheless, these remedies are available to parents who find themselves facing raising a child or children without the support or help of the child's other parent.

Wrongfully Accused?

Milazo Law, Attorney at Law — Sun, 06 Nov 2011 21:13:00 GMT

Unfortunately, there are people who are willing to exploit the true victims of domestic violence and use the experiences of these victims to gain the sympathy of the judicial system and the players involved. Because of the suffering of the real victims of domestic violence, there exist several levels of protection of potential victims within our judicial system.

Locally, our police departments and sheriff's department are trained to attempt to identify victims of domestic violence. The state legislature has removed from these officers much of the discretion they once had to determine if an arrest should occur. Upon arriving at a domestic violence call, if the officers are able to determine the primary aggressor they must arrest this person despite the intentions of the alleged victim. A trained officer with decades of experience can no longer decide that a particular situation was one that occurred for many reasons and for whatever reason is not likely to continue or escalate. The officer must arrest the primary aggressor despite the negative impact this may have on the family, including additional lodging, as this person may be barred from returning to the residence, attorney fees, bond, as well as the possibility of loss of employment. Upon posting bond and leaving the jail the Defendant then has, as a condition of his or her release from jail, a restriction on returning to the residence or having any contact with the alleged victim.

Officers are trained to provide these alleged victims with the contact information of the domestic violence shelter and on the availability of and Order of Protection. This alleged victim, who may have actually been the primary aggressor, now has exclusive possession of residence and has been informed on how he or she may obtain and Order of Protection that will give him more her custody of the children as well as the pets and will at least temporarily bar the arrested individual from having any contact with the children. All the alleged victim needs to do is go to the courthouse and fill out an Ex Parte (Temporary) Petition for an Order of Protection and allege minimal facts, indicating that they are a victim of abuse at the hands of the other party and that they are in fear. These are routinely granted even on thinnest of allegations and without any proof at all. Once granted, the alleged victim now has the ability to manufacture evidence, investigate the other party by viewing things that were once private such as e-mails diaries etc.. The alleged victim may also have the ability to influence the parties' minor children to side with them and against the other parent.

This upper hand is afforded victims of domestic violence, in order that, we, as a society, may avoid the very real and tragic consequences of failing to empower a true victim of domestic violence. Unfortunately, there are those among us who seek to further their position in a divorce or custody matter by alleging domestic violence where it does not exist. Others have even gone so far as to create a situation that leads to domestic violence that otherwise would not have occurred; in order that they may avail themselves of the upper hand that victims of domestic violence often wield. This is particularly unjust and unsettling, but is a byproduct of necessary laws such as these. It is for this very reason that it is important that a person accused of domestic violence assault should speak with an experienced attorney who can help them immediately begin building their defense.

I have represented people wrongfully accused of domestic violence assaults in Williamson County Tennessee in Franklin, TN and each of the surrounding jurisdictions. I find it as a common theme that once it has been revealed that person has alleged domestic violence but has failed in demonstrating the veracity of the claim, judges immediately become suspicious. If in fact it is revealed that the allegations of domestic assault were in fact false allegations, the perpetrator of the fraud upon the court will find themselves in the position of lacking in the court's confidence in any further testimony of that party.

So how does one prove a negative? How does a person, wrongfully arrested for domestic violence assault or served with an Ex Parte Order of Protection demonstrate to the court that they did not in fact commit the offenses for which they have been accused? One can naïvely believe that they are innocent until proven guilty, but that will not likely render them successful. A defendant must take affirmative action in order to be successful in defending themselves against allegations in either situation. Photographs should be taken immediately of the defendant if for no other reason than to show that there are no defensive wounds. Telephone records must be preserved. Surveillance cameras in some locations may be obtained to determine if an alleged assault did in fact occur and may also prove important in establishing a timeline. Credit card and banking information may be obtained to demonstrate that an alleged victim was under the influence of alcohol or any other intoxicant. Medical records may be subpoenaed to demonstrate that an alleged victim provided medical staff with an alternative explanation for wounds which they have been treated for in the past.

Often times it is useful to go to our courthouse and other jurisdictions and investigate whether or not this alleged victim has claimed domestic violence before. They may have accused other individuals and it may even be necessary to contact those individuals and rally their support. One can do nothing, but they will most often find that such inaction yields nothing as well. It is imperative that a person accused of domestic violence assault immediately seek the help of an experienced attorney capable of quickly determining the appropriate steps towards a successful defense. Thank you for reading this and have a blessed day!

What is domestic violence?

Milazo Law, Attorney at Law — Sun, 06 Nov 2011 18:40:00 GMT

Domestic Violence refers to assaults or threats of assault, which occur between people who are either related by blood or marriage or who are involved in a romantic or sexual relationship. Domestic Violence can manifest itself in many forms. It can begin with fear and intimidation from threats of violence or actions and behavior that are aggressive or suggestive of the potential for escalation to more violent behavior. In situations such as this a person may not recognize that they have in fact become a victim of domestic violence. It is often not until an actual assault has been committed that a victim of domestic violence recognizes their position as such. It is this denial that allows an abuser to slowly, but surely erode the confidence of his or her victim and attain the level of control over that person necessary to conceal the unhealthy aspects of their relationship.

Often, when I am interviewing a victim of domestic violence, they reveal their shock and amazement that they have allowed the situation to reach the level that it has. It is easy to declare that one would never find themselves a victim of domestic violence. Many parents look proudly upon their daughter knowing full well that they have given her everything she needs to meet her life as an aggressive educated young woman who can speak for, and support herself; having no need for a man. It is often these same parents who contact my office in utter disbelief that they were unaware that their daughter and grandchildren had been living in an abusive environment right under their noses.

Domestic violence is not limited to any particular cultures, religions, socioeconomic status, gender, education level or age. Domestic violence can and does occur on any street, in any city, in this or any other country. While other forms of violence can be equally despicable, domestic violence is particularly dangerous because it is concealed, not only by the abuser, but by the victim as well. It is for this reason that we as a society must recognize it's ugly existence and look for it's victims. Teachers of school aged children should be better trained to recognize the children of homes where domestic violence occurs. Police officers must carefully listen to the statements made by potential victims and determine not only the veracity of the statements, but also whether a person may be hiding a history of abuse. We as individuals must acknowledge the existence of domestic violence, identify the victims with whom we may interact within our own lives and act with kindness and patience towards these individuals help them find the strength to end the cycle of abuse.

Here in Williamson County in Franklin Tennessee we are blessed to have a wonderful organization that serves our local victims of domestic violence. Bridges of Williamson County offers victims a roof over their heads and will take in the children as well. If a pet is involved, arrangements can be made with a local veterinarian to temporarily board the animal. Located in Franklin, TN they are available to residents of Brentwood, Fairview, Spring Hill, Nolensville, College Grove and all other communities within county. They offer counseling to the victims and help them recognize the cycle of abuse and educate them on rebuilding their confidence and self respect that is often eroded by the domestic violence. Bridges may be reached at (615)-599-5777. Be safe and God Bless!

Welcome to our Franklin Family Law and Criminal Defense Blog

Milazo Law — Wed, 21 Sep 2011 23:17:00 GMT

Our lawyers are pleased to annouce the launch of our Franklin Criminal Defense & Family Law blog.