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Tennessee Child Support Questions & Answers
1 Answer | Asked in Child Support for Tennessee on
Q: Will a judge take normal child support and leave a father in homeless?

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.

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Child Support for Tennessee on
Q: Info on how to defend myself against child support when being put into a situation by my wife and in-laws

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.... Read more »

Bennett James Wills
Bennett James Wills
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... Read more »

2 Answers | Asked in Child Support for Tennessee on
Q: Can I ask my child’s father have to pay my attorney fees since I have to take him to court for non payment

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... Read more »

Bennett James Wills
Bennett James Wills
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... Read more »

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2 Answers | Asked in Child Support for Tennessee on
Q: Can I ask my child’s father have to pay my attorney fees since I have to take him to court for non payment

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2022

By Statute they are authorized. The Court may or may not grant the fees, for which you have to put on some proof. Also you may not collect, or get paid in full.

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1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
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... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Do grandparents have to pay the child support if their minor child gets someone pregnant?
Sam  English
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Sam English
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.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

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?

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: How to pursue relocation if I am the custodial parent of 2 boys?

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,... Read more »

Thomas W Coupé
Thomas W Coupé
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...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: In Tennessee does a father not married, but signed the birth certificate legally have 50:50 on his child?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
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.

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Do I have to pay Child support if I sign my rights over
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

If the Order Terminates Your Rights, then no ongoing child support.

1 Answer | Asked in Child Support, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: My minor child’s father passed away. If there is no will, does child support still have to be paid out of the estate?

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... Read more »

Nina Whitehurst
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Nina Whitehurst
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.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: Do I have any paternal rights to my daughter if my name is on her birth certificate, if I am court ordered to pay child

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... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
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... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Hello, I have 2 young children and we've been living separately from their father.

(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... Read more »

Denania Galloway
Denania Galloway
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... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Tennessee on
Q: If I move my daughter and I out of fear for our safety when her dad has not established paternity, is there a way

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

Denania Galloway
Denania Galloway
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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Do I need a KY or TN lawyer? I live in TN. Dad lives in KY.

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 7, 2021

There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.

1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on
Q: Will I still pay child support for a child if I have joint custody with my wife and I pay all the child's daycare cost?

I also pay my wife's car note

Bennett James Wills
Bennett James Wills
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... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What would be the appropriate steps to take and would I have any options?

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... Read more »

Bennett James Wills
Bennett James Wills
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... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Iffather is $36,000 behind what can happen in Tennessee if they won't modify or punish him for contemp
Sam  English
PREMIUM
Sam English
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... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: I have child support court with the father of my daughter.

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... Read more »

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Family Law and Child Support for Tennessee on
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... Read more »

Paul Ylvisaker
Paul Ylvisaker
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... Read more »

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