Oneida, TN asked in Family Law for Tennessee

Q: How much does the noncustodial parent have to be behind before I can get him for a civil complaint? Pay docket also

We’ve been doing pay docket since October when he didn’t pay the full month and got fired. He also stated he was working under the table and they done nothing. He paid forty out of 450 owed for November and we go back next week and he’s paid nothing for December yet. I just want to know what I can do to help the enforcement for my daughters sake.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: If I understand your question, I think you are referring to "civil contempt" ( not complaint). To prevail in a court action for contempt, you must be able to prove that he has the ability to comply with the child support order and instead of paying the support , he chose not to. This may not be easy to do if he lost a job - try to get proof of the "under the table" income. There is no set amount of money that is required, especially if you can prove that he still had under the table income. Consult an experienced family law attorney for more specific advice.

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