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answered on May 26, 2023
You have to file a Motion To Modify CS for substantial and material change in your circumstances. Must go to the Court that ordered support, and you may have to comply with local Court rules (tax returns; pay statements; etc).
He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.
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answered on Mar 16, 2023
It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... View More 
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answered on Mar 13, 2023
Capias will be filed in the Court's records, and are thus public records unless sealed by Court Order.
Live in Tennessee. Divorced in 2016 with 2 kids and have never received a copy of his W2’s from him. Since 2016 he is no longer covering our sons daycare as he is in school (my lawyer said when he was out of daycare to go to court for a readjustment in child support but haven’t yet and my son... View More
answered on Jan 16, 2023
You can enforce court orders through contempt petitions. You can seek to modify orders through motions for modification. Both can be tricky to navigate without counsel. Maybe check with legal aid to see if you qualify for help if you can't afford a lawyer.
My ex husband hasn’t help support our children in three years. They only time he communicates is if I reach out to him first. The only times he sees our children is if I reach out. He doesn’t reach out because I don’t want a “friendship” with him so he takes that as he cannot see our... View More
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answered on Oct 31, 2022
I doubt you have sufficient grounds for divorce. You will probably need an agreement (irreconcilable differences) as abandonment is not going to suffice. Your only leverage will be child support. Hire an attorney.
I was served papers from another county to appear in juvenile Court over a child who is in state custody for which my rights were forcefully terminated 15 years ago
answered on Oct 21, 2022
Support obligations terminated when the parental rights were terminated.
However, if there was retroactive owed at the time of the initial order of support and unpaid ongoing support wasn't paid in full prior to your parental rights being terminated, then you would owe for all of that... View More
We have a contempt of court case coming up and I’d like to prove that he has money to pay child support.
answered on Jul 20, 2022
Check the dockets. Settlements are oftentimes confidential, so you may never get that information. Consult with a local attorney about how to attach that settlement/potential settlement.
I'm struggling with my own self because of what my in-laws and wife has done. I'm trying to pick up the pieces they left behind. I'm trying to do that, support my son and make a life for us. If I get hit with what is normal on child support I'll be literally on the streets.
answered on Jul 1, 2022
Judges tend to place child support as priority number 1 as far as "creditors" go. I've been in front of judges that have told litigants to forego utility bills, credit cards, etc., to make their child support payments first because failure to do so could land you in jail.
My wife has taken my child from me before. This time after we got back together and moving to TN because she hated Wisconsin. She and her Mother-in-law left me with a debt that include my Mother-in-law not paying for her husband's and her cell phone in a attempt to take me out the picture.... View More
answered on Jun 30, 2022
Child support is determined by income of the parents with certain deductions for insurance, day care, and medical costs. This calculation is then made on the guidelines in accordance with the custody schedule. Having "debt" is not going to factor much, if at all. You would be wise to hire... View More
My child’s father has not paid his court ordered child support in almost 5 years, the state of Tennessee tells me to get a lawyer bc we have a parenting plan which states the father is to pay 200 a month for the child. Has not paid in almost 5 years, I don’t have money to be paying for a... View More
answered on Jun 28, 2022
As the other answer says, you can seek attorney's fees. These are authorized by statute, including civil or criminal contempt. However, if you are awarded fees, it's just a judgment like anything else. He may not have the ability to pay and you may not be able to collect. You would still... View More
How is child support determined if you are still married. I’ve been separated almost 2 years.
answered on Jun 13, 2022
You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... View More
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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.
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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
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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
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