answered on Jun 2, 2022
No. There is no responsibility for child support except from parents. As minors, the court will not enforce child support but it will be accounted for when the child emancipates.
While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?
answered on May 26, 2022
You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.
Dad pays child support for 1 and has the standard visitation of every other weekend. There isn’t support established for the other, nor a parenting plan. He doesn’t provide any physical everyday support. The move would establish better financial support, emotional support, educational support,... View More
answered on Apr 20, 2022
The custodial parent is free to move without the court’s approval if that move is less than 50 miles from the other parent. If that parent wants to move further or out-if-state, the law requires the parent to provide a written notice to the courts and the other parent.
The notice must... View More
answered on Mar 25, 2022
Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.
answered on Mar 2, 2022
If the Order Terminates Your Rights, then no ongoing child support.
The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... View More
answered on Nov 23, 2021
You need to make a claim in the probate case, and don't delay because there are very short deadlines. You should hire an attorney to help you with this.
I was not married to her mother when she was born and have been told I have no rights to my daughter because of that. We do not get along very well therefore my parents do majority of communication with the mother to keep the peace and so I can see my kid. I want rights established so I can have a... View More
answered on Oct 12, 2021
File a Petition to Establish Paternity in the County you/the Mother live in. As your name is already on the birth certificate, you should be able to get parenting time through a parenting plan without having to do a DNA test. If you have additional questions, I recommend you speak with a family law... View More
(I left due to him being emotionally abusive.) We were never married, and I have been taking care of them full time. I've been staying with my mother a couple hours away from him (He stills lives with his parents). He has typically helped me take care of their needs financially, outside the... View More
answered on Sep 6, 2021
If there isn't any type of custody order from the court and potentially he didn't sign the birth certificate, you won't have to do anything and you can just move. However, this is for TN. I do not know the laws in NM and could be completely different than in TN regarding child... View More
For him to file for joint custody? He is currently in jail due to an FTA and we go to court next week for an order of protection. He is on probation for a domestic abuse charge that happened last October
answered on Aug 18, 2021
Yes you can definitely move. In TN, there is a presumption that a child born out of wedlock is the mother's unless paternity has been established. However, he can file something in Juvenile Court seeking paternity. To provide a better individualized response to your daughter's... View More
We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... View More
answered on May 7, 2021
There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.
I also pay my wife's car note
answered on Apr 5, 2021
Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for... View More
I live in Tennessee. My 14 year old son had got into some trouble and had to go through court and probation. As a last option it was suggested that my son move in with me to see if I could straighten him out. He moved in with me right after Thanksgiving last year. I have a court ordered child... View More
answered on Apr 5, 2021
You would need to pursue a motion to modify the current court orders and satisfy the standards for doing so as well as recalculating the child support based on the guidelines. This is not an easy process. Although some counties have forms available online, you would be wise to consult local counsel... View More
answered on Mar 22, 2021
The remedies for his willful failure to pay support is contempt. Both civil and criminal. If you file criminal contempt, you must prove he willfully failed to pay and punishment is up to 10 days in jail for each payment missed. Have you tried the case against him for that yet? If you have a... View More
I have been unemployed due too not being able to afford child care and loosing my job 3 months ago. What do I need to prepare for court? He has helped with food and bills but has not spent time consistent time with our child or took on more responsibility when it comes to her custodial care as a... View More
answered on Jan 13, 2021
An attorney would need much more info to answer a general question such as yours. Consider hiring an attorney, or, if you cannot afford one, there are associations such as legal aid that may be able to assist.
My brother retired from the Navy and has one minor child. He pays child support out of his military retirement check. He's been admitted into a skilled nursing facility. I was told that I needed to stop the child support out of his check because all of his money should be going to the... View More
answered on Dec 31, 2020
I am sorry to here about your brother’s circumstances. The advice you received is partially inaccurate. You cant simply “stop” child support that was established by court order. If you are his conservator, you will need to obtain an order from the court terminating or modifying to $0.00. The... View More
My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... View More
answered on Dec 31, 2020
Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.
Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is... View More
I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... View More
answered on Dec 29, 2020
Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... View More
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answered on Dec 18, 2020
Sounds like you really need an attorney. Contact the local legal aid department for help if you would have trouble affording counsel. There are resources available.
answered on Dec 7, 2020
Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but... View More
The child support case is in California, but we are getting married and he is adopting my daughter. He wants to get his child support modified especially since his ex kidnapped his son to Tennessee 3 years ago and has since turned his son against him and his son doesn’t want to see him.
answered on Dec 4, 2020
This is possible. Tennessee law has a Uniform Interstate Family Support Act in Title 36, Chapter 5, Tennessee Code Annotated. This law indicates that Tennessee may modify an order for child support issued by another state. You will need to register the support order from California to Tennessee.... View More
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