Tennessee Child Support Questions & Answers
Q: Do you have to file a motion to end child support or just stop paying when the child is 18 and graduated?
Leonard Robert Grefseng's answer
A court order is always best, especially if there are payroll deductions or wage assignments already in place. I would also suggest sending a "reminder" letter to the spouse receiving the support which advises the support obligation will end at the graduation ( since she is already over 18) and asking if they will sign an "agreed order" terminating the support.
An agreed order is still a court order; but every court order does not have to be the result of a contested hearing. If they...
A court order is always best, especially if there are payroll deductions or wage assignments already in place. I would also suggest sending a "reminder" letter to the spouse receiving the support which advises the support obligation will end at the graduation ( since she is already over 18) and asking if they will sign an "agreed order" terminating the support.
An agreed order is still a court order; but every court order does not have to be the result of a contested hearing. If they...
Q: My ex husband had recently had some health issues and is unable to work now. What now?
Bennett James Wills' answer
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
Q: My son is 27 child support has been getting paid out of pay check but they still take my income tax return.
Anthony M. Avery's answer
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Child Support bureaucrats will always claim you are behind. But you should not be generating Tax Refunds. Claim at least 1 if not 2 Exemptions on your W4. You lawyer should have told you this a long time ago. Tax Refunds are bad almost always.
Q: If my husband signed away his rights to his son a long time ago why does he have to pay support still?
Anthony M. Avery's answer
First hire a competent attorney to examine the Case File where he was ordered to pay support. He may owe arrearages or may not. He probably needs to move the Court to terminate support if he did not do this at the Termination Order. Was there an Order terminating his rights? He needs to read it if there is one. Also he needs to claim some exemptions on his W-4 and does not want to build up Tax Refunds at all.
First hire a competent attorney to examine the Case File where he was ordered to pay support. He may owe arrearages or may not. He probably needs to move the Court to terminate support if he did not do this at the Termination Order. Was there an Order terminating his rights? He needs to read it if there is one. Also he needs to claim some exemptions on his W-4 and does not want to build up Tax Refunds at all.
Q: My parents have custody of my sister's kids. Can the judge order the 150,000 in child support from their father to them?
1 Answer
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Family Law, Child Custody and Child Support
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Tennessee
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Answered on Mar 28, 2019
Answered on Mar 28, 2019
Leonard Robert Grefseng's answer
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Q: My husband has outside kids will I have to pay child support for them if he can't in Tennessee we been separated for yrs
Leonard Robert Grefseng's answer
You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
Q: In which state should a motion for modification of custody be filed?
1 Answer
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Family Law, Child Custody and Child Support
for
Tennessee
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Answered on Mar 21, 2019
Answered on Mar 21, 2019
Leonard Robert Grefseng's answer
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.
Q: my son graduates in May but won't be 19 until November can the child support be stopped before he turns 19? He also work
Leonard Robert Grefseng's answer
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Child support ends when the child turn 18 or graduates, whichever is last to occur. it sound like his graduation date is the latter event. His employment is irrelevant.
Q: How far back do arrearages go. The custodial parent and I were not going through child support services for payments.
Leonard Robert Grefseng's answer
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...
The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific...
Q: I filed child support 30 years ago in Chicago Illinois I just located m daughter father in Nashville Tennessee do he
Leonard Robert Grefseng's answer
It's hard to answer accurately on the limited information given in your question. However, I suspect the answer is YES, BUT a recent amendment to Tennessee law limits an award of "retroactive child support" to 5 years, unless extraordinary circumstances exist. Consult an experienced family law attorney soon for specific advice on your situation.
It's hard to answer accurately on the limited information given in your question. However, I suspect the answer is YES, BUT a recent amendment to Tennessee law limits an award of "retroactive child support" to 5 years, unless extraordinary circumstances exist. Consult an experienced family law attorney soon for specific advice on your situation.
Q: My husband and I had a child together. My husband signed the birth certificate and now my ex boyfriend had filed
Leonard Robert Grefseng's answer
DNA tests are now regularly, almost always, used to determine paternity.
If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting time plan with him and one of the parents will owe a child support obligation. consult an experienced family law attorney for specific advice on your situation.
DNA tests are now regularly, almost always, used to determine paternity.
If you admit the relationship with the boyfriend and there is some chance that he fathered the child, I suspect the Judge will allow the testing. If the boyfriend is the father, you will have to negotiate a parenting time plan with him and one of the parents will owe a child support obligation. consult an experienced family law attorney for specific advice on your situation.
Q: My ex is 40k behind . He lives in Ok, We live in Tn. What can I do to enforce it.
Leonard Robert Grefseng's answer
Consider filing a petition to have the arrearages reduced to a judgment.
The Tennessee judgment can be then "enrolled" as a judgment in Oklahoma. At that point, you should be able to find a collection lawyer in Oklahoma who would take the case on a percentage or contingency basis. there's no way around it, if your ex is in Oklahoma, you are going to need an Oklahoma lawyer to help collect.
Consider filing a petition to have the arrearages reduced to a judgment.
The Tennessee judgment can be then "enrolled" as a judgment in Oklahoma. At that point, you should be able to find a collection lawyer in Oklahoma who would take the case on a percentage or contingency basis. there's no way around it, if your ex is in Oklahoma, you are going to need an Oklahoma lawyer to help collect.
Q: My son and his pregnant fiance live together? Will he have to pay child support?
Leonard Robert Grefseng's answer
At the present time, maybe not, but eventually, YES. Unless they get married and live "happily ever-after," there will most likely be some disagreement between them, thus causing the mother to file for child support. He has no parental rights to the child unless he files a paternity action, so again, unless they get married, perhaps he should consider having his rights and child support obligation formally established now, sooner than later. Things usually get worse they longer they are not...
At the present time, maybe not, but eventually, YES. Unless they get married and live "happily ever-after," there will most likely be some disagreement between them, thus causing the mother to file for child support. He has no parental rights to the child unless he files a paternity action, so again, unless they get married, perhaps he should consider having his rights and child support obligation formally established now, sooner than later. Things usually get worse they longer they are not...
Q: Does a motion need to be filed in order to stop child support in TN once the child graduates from High School?
Leonard Robert Grefseng's answer
Unless you owe an arrearage ( or old past due child support) you should stop paying immediately. Child support ends when the child turns 18 , or graduates, whichever event is last to occur. You only need to file a motion if there is a wage assignment or garnishment in effect, or your employer refuses to stop withholding the funds. The bad news is, if you have overpaid, it's likely that you will not be able to recover the excess. Consult an experienced family law attorney for advice on your...
Unless you owe an arrearage ( or old past due child support) you should stop paying immediately. Child support ends when the child turns 18 , or graduates, whichever event is last to occur. You only need to file a motion if there is a wage assignment or garnishment in effect, or your employer refuses to stop withholding the funds. The bad news is, if you have overpaid, it's likely that you will not be able to recover the excess. Consult an experienced family law attorney for advice on your...
Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and
Leonard Robert Grefseng's answer
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.
Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....
Q: Can child support figure out where you work
Anthony M. Avery's answer
They usually track you down through your Social Security Number. Sometimes you have told someone who tells the mother. Or you are forced to disclose your job in Court or annual 1040 IRS Forms the obligee
gets. Internet searches can sometime disclose your job, especially if you are careless enough to use facebook or similar blogs.
They usually track you down through your Social Security Number. Sometimes you have told someone who tells the mother. Or you are forced to disclose your job in Court or annual 1040 IRS Forms the obligee
gets. Internet searches can sometime disclose your job, especially if you are careless enough to use facebook or similar blogs.
Q: i am paying child support on my child, never missed a payment , I am legally still married to the mother
Leonard Robert Grefseng's answer
apply to the child support office for a "review" of your case. You will need to prove that the child no longer resides with her. Keep in mind that the mother may attempt to correct this when she finds out that you have asked for the review. consult an experienced family law attorney for advice on your specific situation.
apply to the child support office for a "review" of your case. You will need to prove that the child no longer resides with her. Keep in mind that the mother may attempt to correct this when she finds out that you have asked for the review. consult an experienced family law attorney for advice on your specific situation.
Q: If a father gives mother money before court order receipt is wrote child support and or dr bill. Does it count or gift?
Leonard Robert Grefseng's answer
It is most likely a gift.
The child support order is a court order where the Judge has ordered the father to pay an amount of money, ( in order words, CASH or funds ). The judge did not order the father to buy clothes or pay doctor bills. As a result, unless the Mother just agrees to allow this as a credit, buying clothes or paying doctor bills is NOT complying with the support order.
Consult an experienced family law attorney for advice on your specific situation.
It is most likely a gift.
The child support order is a court order where the Judge has ordered the father to pay an amount of money, ( in order words, CASH or funds ). The judge did not order the father to buy clothes or pay doctor bills. As a result, unless the Mother just agrees to allow this as a credit, buying clothes or paying doctor bills is NOT complying with the support order.
Consult an experienced family law attorney for advice on your specific situation.
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