She has since remarried and I believe the child has now been adopted by her new husband, not entirely sure but that’s what I’ve heard through family. I’ve had income taxes withheld, garnishments on my paychecks, anytime I apply for a loan or anything that’s one of the first things that pop... View More
answered on Apr 22, 2020
I recommend you consult with a family law attorney. You may be able to file for a modification of the child support amount if your/her income has changed by more than 15%. Which state was the divorce decree entered in? This question appears in the TN page, yet it appears you posted this question... View More
My husband left us in July 2019. We are still married. Can I file child support against my husband since he on the custody papers too?
answered on Apr 21, 2020
Most likely, No. Under Tennessee law, you cannot get child support from your married partner. You could file for divorce and then would be eligible to request child support during the divorce and after it becomes final. I recommend you consult with an experienced family law attorney in your local... View More
Scott Hunt gained custody of the child then illegally moved child to flordia. my paycheck is garneshed now how in the world is this right.
answered on Apr 21, 2020
Please do not identify anyone specifically by name as this may expose you to a defamation action if your accusations are not true. If you allege that he moved to another state illegally and he in fact followed the law, then you could get in trouble. Assuming he did get custody, then as a parent you... View More
will the state garnish my stimulus check 2020 bc of this
answered on Apr 21, 2020
If you owe back child support your stimulus check can and probably will be intercepted.
My mother in law drew $7,228 in Families First benefits. Should my ex husband and I both be paying back $7,633 each?
answered on Apr 21, 2020
I am not sure if the amount you stated is the total amount owed. Generally, it appears that a child support order was entered and if so, both you and your ex would be jointly liable for the amount. You should consult with an experienced family law attorney for your best options.
She was born in another state and relocated with her mother to TN. The mother did not inform the state she was born outside of the state when child support was enforced.
answered on Apr 21, 2020
Generally, jurisdiction follows the child. Whether the case should have been initiated in either the foreign state or TN depends on several factors. How long had the child been in TN. Was the child legitimated? If so, where? Is the action in TN for enforcement purposes only? You should consult with... View More
I think she is telling our daughter that she (our daughter) has a number of different diseases. Do I have the right to see my daughters medical records.
answered on Apr 21, 2020
Absent an order from the court barring you access to those records, yes you have a right to see the medical records. Look at you Permanent Parenting Plan and consult a local family law attorney for your best course of action.
answered on Apr 21, 2020
Stimulus checks are subject to be intercepted. The amount would go to any arrears, so yes, you may get money towards the arrears.
answered on Apr 21, 2020
If you owe back child support your stimulus check can and probably will be intercepted.
Garnished as well
answered on Apr 21, 2020
If you owe back child support your stimulus check can and probably will be intercepted.
answered on Apr 21, 2020
Stimulus checks are susceptible to interception if you owe back child support.
How will this affect my child support payment. We have joint residential custody but she has primary residential custody
answered on Apr 21, 2020
The question is whether a recalculation of your child support would make a 15% difference in the amount ordered. You should consult a local experienced family law attorney for your best options.
The mother of my 2 year old and I are no longer together. I'm moving back to Mobile,Al.. I will have my daughter 2 weeks straight out of every month. Am I still required to pay the full amount of child support being that she will be with me during that time? And where do I go to put myself... View More
answered on Apr 20, 2020
I recommend you consult with an experienced family law attorney. It seems that you need to establish paternity through the court system. For more information about establishing paternity see: https://www.colelawgrouppc.com/blog/establishing-paternity-under-tennessee-law
Once paternity is... View More
Divorced my child’s dad in 2013 (child was 2). Court order was to pay through the courts. He has never paid anything through the courts and only randomly pays me directly when it’s convenient (no where near ordered amount). Why has the state not flagged him? What do I have to do to get his... View More
answered on Apr 10, 2020
You should consider consulting with a family law attorney. I am unsure of the answer to your first question. The state does look into child support matters and there is a child support enforcement office in Davidson County. Have you tried speaking with them? You could file a Petition to hold the... View More
answered on Apr 8, 2020
It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... View More
This is for a female family member that owes back support.
answered on Apr 1, 2020
It is not very likely that a negotiated settlement will be accepted if the state is involved. Arrears are arrears and only the total amount owed will satisfy the judgment.
I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... View More
answered on Mar 29, 2020
To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.
Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an... View More
She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she... View More
answered on Mar 24, 2020
We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... View More
I don’t know what to do as a faithfully paying father of child support I don’t want to be in trouble over something out of my control
answered on Mar 23, 2020
In order for the Court to hold you in contempt, it has be shown that you had the ability to pay and willfully failed to pay.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.