He is incarcerated right now what can I do to make the state stop incarcerating him over something he didn't do
One needs much more info to answer this question. Consult a local criminal defense attorney to discuss your options.
I have cut the arrears in half the last 5 yrs but my depression has made my quality of life unbearable.
You might try talking to a competent Bankruptcy Attorney about filing a Chapter 13 and making payments for 5 years. It would be alot of work right now. But if the amount of arrearages is enough, and you work steadily, it might discharge it completely in five years. It is much better to trade... Read more »
Child support is no longer figured by a strict percentage of your income. Child support is now based on the monthly gross income of BOTH parents AND the number of days set forth in the parenting plan. There are other factors but the number of days and the parties' income are the most significant.... Read more »
Say the calculator says the payment would be 1200 a month and she only wants 500, will the court honor the 500 or will they make me pay the full amount
In my experience, the judges follow the guidelines ( appellate court decisions says the guidelines have the same effect as laws passed by the legislature). The Judges are under a statutory directive to insure the child support law is obeyed. The guidelines do permit deviations, but only for a very... Read more »
More than likely, the Child Support Referee will incarcerate you. You are probably ordered to pay what an Order says, which is what you need to read and obey. If you know about arrearages, then you probably are aware of what you are supposed to do. There is no way $10 a month will keep you out... Read more »
He thinks he gets out free and visits whenever. Is this true or does he have to go get rights and will they put him on child support.
A child born to unmarried parents is, by statute, in the custody of the mother. To assert any parental rights, the father must file a paternity ( now called parentage) action, get DNA testing done to confirm paternity and have the Court/Judge establish the legal relationship. This means the father... Read more »
She filed for support again and declined. She is now taking me back to court for support. Can both declines be used in court?
You can cross examine her on her previous declinations. But Income Shares will be very instructive to the Court, and will probably control about child support.
total. She waited two years in inform that me that I've underpaid. I will pay the corrected total going forward. Am I obliged to reimburse?
If it was her mistake in telling you the wrong amount, I would say "No." It also sounds like the mistake should have been discovered much sooner, ( somebody was paying the bill or it was coming out as a deduction on a paycheck). However, to be 100% sure, all of the wording or your divorce decree... Read more »
You are charged with a serious Felony. Hire a competent attorney immediately. You may be able to attack the earlier convictions, so that sentencing will not be a Felony. Obviously you need to get ready for a Preliminary Hearing and possibly later, Trial. If the State does not agree to a 2nd or... Read more »
Only if there is a court order which requires you to support that child and if so, only to the extent you actually pay the court order child support.
still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... Read more »
In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential parent." Once the child is... Read more »
Maybe. Time spent with each parent is one of several factors that go into calculating child support.
It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.
Will they get the "fathers" last name and rights to the child?
Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.
My ex who is the father of both of my children has asked for child support modification and and still owes a hefty amount for the past two years , we have no parenting plan in effect . What will likely happen when we go to court? Btw , he hasn’t worked and still don’t .
Without knowing more about the case it's hard to tell what would happen in court. Being in arrears never looks good. You would be wise to consult with a local attorney.
She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?
Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.
We are still married but live in different states. He agreed to send tuition money for their school but whenever he gets mad at me he stops sending the payments and it leaves me in an unexpected whole. He said I need to let a judge decide on the payment. I tried to work with him before going this... Read more »
it sounds like you need a divorce as your relationship is not working. In a divorce, the judge will set child support for children under age 18 and if needed, and your husband is able, the Judge can also award alimony or spousal support. Consult an experienced divorce lawyer for specific advice on... Read more »
I pay cs directly to my husband, not through the County or through wages.
No, when the first child turns 18 or graduates ( whichever is last to occur), the child support will need to be re-figured again using the current gross income of both parents and any changes in the parenting plan. If the parties income and parenting time have not changes, the emancipation of the... Read more »
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.
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.
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