Germantown, TN asked in Family Law and Child Support for Tennessee

Q: If admitted into a skilled nursing facility in Tennessee are you still responsible for childsupport

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 facility. She also told me that they would bill my brother for that amount and the first time that he miss a payment he would be kicked out.

He was just admitted December 17,2020. I have filed for Conservatorship and was told that I would be responsible for the Child Support.

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1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker
Answered

A: 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 circumstances you described suggest a good circumstance for the court granting either one, dependent upon how permanent his condition is.

If the original order was done through the IV-D program, the state child support agency can assist with getting the order modified or terminated.

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