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Tennessee Child Support Questions & Answers

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

Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will

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 »

Leonard Robert Grefseng answered on Aug 14, 2019

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 »

1 Answer | Asked in Child Support for Tennessee on

Q: If my child lives with me 6 months a yr and stays with her mom 6 months, do I still have to pay child support?

Bennett James Wills answered on Aug 12, 2019

Maybe. Time spent with each parent is one of several factors that go into calculating child support.

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

Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?

Bennett James Wills answered on Aug 12, 2019

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.

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

Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng answered on Aug 7, 2019

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.

1 Answer | Asked in Child Support for Tennessee on

Q: I have court on sept 19 for child support modification

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 .

Bennett James Wills answered on Aug 6, 2019

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.

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

Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.

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?

Leonard Robert Grefseng answered on Aug 5, 2019

Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.

1 Answer | Asked in Child Support for Tennessee on

Q: My husband lives out of state and stop sending money to pay for the kids tuition. Can he pay child support?

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 »

Leonard Robert Grefseng answered on Aug 1, 2019

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 »

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

Q: One child turns 18 and graduates in 2020, the other in 2022. Should the child support be cut in 1/2 in 2020?

I pay cs directly to my husband, not through the County or through wages.

Leonard Robert Grefseng answered on Jul 30, 2019

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 »

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.

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