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Tennessee Child Support Questions & Answers

1 Answer | Asked in Contracts, Child Support and Constitutional Law for Tennessee on

Q: If child support is funded by federal grants, how can DHS require repayment? isn't that fraud?

Mr. James Charles Wright answered on Jul 16, 2019

YOu might get more answers if you posted this under family law. But from a general standpoint- DHS would likely be authorized to carry out the program and to seek reimbursement of payments made.

1 Answer | Asked in Contracts, Child Custody and Child Support for Tennessee on

Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?

Mr. James Charles Wright answered on Jul 16, 2019

It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.

1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Tennessee on

Q: My daughter’s father and I have an established parenting plan. He comes and goes as he pleases and also does not pay

His child support. He also doesn’t have a place to live or a car. He was arrested for a felony drug charge recently. Is that enough to file a request to stop visits or ask for supervised visits?

Leonard Robert Grefseng answered on Jul 15, 2019

Those are certainly reasons to be concerned, but since your question doesn't mention the age of the child ( and lots of other factors the Judge has to consider) no lawyer can provide a guaranteed result. Will cutting off the child's relationship with her father truly benefit the child? If the... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My children mother has tried to terminate child support . What steps can be taken to get that taken care of in tennessee

We tried to go to the child support office she wrote a letter and signed it turned it in to our case worker like we were told. Our case worked trying to say it can’t be done. I have had many friends do this. It’s preventing me from buying a house for my family. I have my kids 90% of the time... Read more »

Leonard Robert Grefseng answered on Jul 10, 2019

This si not something you can do without a lawyer- Child support is a requirement, it just can't be "dropped" - the Judges are required to make sure the child support law is followed. However, if you are keeping the children most of the time, the parenting plan can be changed to reflect that change... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: Can back child support take 50% of my Social Security Disability each month?

My ex- wife lives in another state. I live in TN, and support was ordered through TN. All my children have been 18 for more than 8 years. My wife does not need the money. I had a series of 4 strokes, after having failing health for many years. I am now totally disabled. I need that income to use... Read more »

Paul E. Tennison answered on Jul 9, 2019

Can they? Yes, they are currently doing it now. Should they? That seems questionable based on the fact that the children are well above the age where support should be required. Although you stated it is back child support so that may be different.

I would encourage you to call the child...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: Is income used to determine child support obligation based on wages at the time the divorce was filed?

My wife filed for divorce several months ago and I will be starting a new job with a substantially higher salary next month. I was wondering which salary would be used to calculate things like alimony and child support. I know in some other states it is based on the income at the time of filing, is... Read more »

Paul E. Tennison answered on Jul 1, 2019

Based on my experience, Tennessee courts use the most recent income information at the time of calculation. Not the salary at the time of filing. Good luck!

1 Answer | Asked in Divorce and Child Support for Tennessee on

Q: Court order in effect, ex doesn't follow for CS. He pays cash. Now he wants me to sign receipt for all CS paid?

We have a court order in effect. I'm the physical and legal custodial parent. He is ordered to pay child support through clerks office. However, he's always given me cash money. Now, five years later he wants me to sign a receipt for all child support paid in cash. Is this a good idea or no?

Leonard Robert Grefseng answered on Jun 27, 2019

If called to testify in court, and the Judge gave you an oath where you swore to tell the truth, and he asked you if you did indeed receive the child support payments in cash, what would you say? If the answer is yes, then you should sign the receipt. It's not really an "idea" - it's just the... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My ex wife was court ordered to pay me child support in January. It is now June. I’ve never received a payment.

Our divorce was finalized in January of this year awarding me full custody, and ordering her to pay me cs. She has made continuous claims of going to rehab and getting better (none of which have ever been followed through) Thank you for any reply and your time in answering, I very much appreciate... Read more »

Leonard Robert Grefseng answered on Jun 26, 2019

You need to file a petition for contempt to enforce the divorce decree. If she has the money to pay, and simple is refusing to pay, she is in willful contempt of court for refusing to obey the court's orders. Willful contempt can be punished by jail time. You may wish to consult the child support... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: If I’ve been paying child support directly to my ex, am I required to file a court order to stop it?

I’ve been paying child support directly to my ex. My child is 18 and graduated last month. Am I required to file a court order to stop it? If so, do I have to continue paying child support until the court date?

Leonard Robert Grefseng answered on Jun 25, 2019

I think it's always best to get court approval, especially since there was a court order establishing the support when it first started. If the child has already graduated and is over age 18, I suspect no judge would hold you in contempt for just stopping the payments. why no just ask the mother to... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Tennessee on

Q: If someone is adopting the child and they say they don’t want the back child support?

Does the child support still have to be paid? In Chattanooga TN

Leonard Robert Grefseng answered on Jun 24, 2019

The termination of parental rights required in an adoption will terminate the current child support obligation, but it does NOT terminate any arrearages or past due support. However, it would be up to the recipient to take action to collect it, and if they are not very aggressive in doing so, it... Read more »

1 Answer | Asked in Child Support and Family Law for Tennessee on

Q: Can my ex be ordered to pay child support for disability son after 18/

My son is going to be 18 in September and has Aspergers

Leonard Robert Grefseng answered on Jun 20, 2019

Tennessee law provides for continuation of child support beyond the normal/usual termination time ( which is age 18 or graduation, whichever is last to occur) IF the child is disabled. See Tennessee Code Section 36-5-101(k). The definition of disability is that set forth under Federal law in the... Read more »

1 Answer | Asked in Child Support and Family Law for Tennessee on

Q: Do i have to continue to pay child support if the child refuses to have visitation with me or any contact whatsoever.

He will graduate this coming year and be 18 in January.

Leonard Robert Grefseng answered on Jun 19, 2019

yes, you must continue to pay. Child support terminates when the child turns 18, or graduates from high school, whichever event occurs last , so in your case, it sounds like it will be graduation, which usually take place in May.

1 Answer | Asked in Child Support and Family Law for Tennessee on

Q: I have an interstate child support order.

I initiated the case in TN as that is where my daughter and I live. Father(NCP) was living in NY state at the time. NY filed the paperwork and ordered him to have employer pay weekly as well as cover daughter with medical insurance. This worked fine until my ex willfully quit his job and moved... Read more »

Leonard Robert Grefseng answered on Jun 17, 2019

Tennessee- they will let New York know to cease efforts and Tennessee will need to send the order to Arkansas for enforcement.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: Would I have to allow my son's father unsupervised visitation if we were to split up? We are Not married

We are Not married and do not live together. Our son will be 2 in August and I am pregnant with our second. I would not mind meeting with him in a public place or going to his home with him and being present while he visits with our son. I just have a lot of concerns about allowing our son to go... Read more »

Paul E. Tennison answered on Jun 6, 2019

The short answer is without a court order, you do not have to allow the father to spend any time with your children.

Tennessee is what is commonly referred to as a “Mother’s state”. This simply means that when children are born out of wedlock, the father has no rights to parent the...
Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: I live in Tennessee and the non custodial parent resides in Mississippi. How can he be served if he can't be located.

I keep getting told that the state of Mississippi is having trouble finding him. So my question is how can he get served?

Paul E. Tennison answered on Jun 6, 2019

You could hire a private process server to track him down and serve him. You would have to pay the process server. My firm has worked with Rhino Surveillance in the past and found them quite professional and reliable. https://rhinosurveillance.com

Good luck!

1 Answer | Asked in Child Support for Tennessee on

Q: I live in Tennessee and the non custodial parent resides in Mississippi. How can he be served if he can't be located.

I keep getting told that the state of Mississippi is having trouble finding him. So my question is how can he get served?

Leonard Robert Grefseng answered on Jun 6, 2019

Sorry, but there is simply no easy answer- in order for the Judge to proceed, the court rules require that he be served/be notified of the lawsuit. In rare cases, it may be possible to convince the Judge that the person is "evading" service of process ( that is, that the person is intentionally... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on

Q: How could I find a lawyer that would do a divorce pro bono my divorce would include child support and maybe ailmoney

Paul E. Tennison answered on Jun 5, 2019

I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!

1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on

Q: How could I find a lawyer that would do a divorce pro bono my divorce would include child support and maybe ailmoney

Paul E. Tennison answered on Jun 5, 2019

I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: The co-parent and I do not have a custody agreement. Live states apart.

She only let's me talk to them if I send her money. I am behind on child support but working and paying it off. It takes 50% of my income. I have receipts where I have sent the co-parent thousands of dollars outside of child support, but I have not been allowed to see them in 2 years. Now she says... Read more »

Leonard Robert Grefseng answered on May 23, 2019

Although it will take time and a lawyer, you need to file court papers to set up a "parenting plan" or schedule of visitation. You are required to pay child support, but at the same time , she is required to allow you to have time with the children. If you get a Judge to order the scheduled... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: If I marry gf while pregnant is it possible to still get place on child support years later if we divorce

Married before baby is born .

Divorce years later is it still possible to get place on child support or am I safe since we married before baby was born

Anthony M. Avery answered on May 21, 2019

If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably... Read more »

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