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Tennessee Child Support Questions & Answers

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 »

1 Answer | Asked in Child Support for Tennessee on

Q: Do you have to file a motion to end child support or just stop paying when the child is 18 and graduated?

She is 19yrs old will graduate next month.

Leonard Robert Grefseng answered on Apr 19, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My ex husband had recently had some health issues and is unable to work now. What now?

He is married and she does have a steady income. Is she responsible to keep his supposed up to date? He is not one to not pay his support. He has always been up to date.. so not having his own income and being able to pay is driving him nuts. I would think it would be considered one of his regular... Read more »

Bennett James Wills answered on Apr 17, 2019

His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.

1 Answer | Asked in Child Support for Tennessee on

Q: My son is 27 child support has been getting paid out of pay check but they still take my income tax return.

Was ordered to pay when child was 6 amount doesn't ever come down child support office says they have never gotten my tax money also said missed 2 months last year and I showed proof it came out of my check. Also they have my income tax return from the his they claim they don't IRS sent to them .... Read more »

Anthony M. Avery answered on Apr 15, 2019

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.

1 Answer | Asked in Child Support for Tennessee on

Q: If my husband signed away his rights to his son a long time ago why does he have to pay support still?

We received a refund 2 years ago from child support office and now he owes back pay? What's going on and how can we fix this? Can we find a lawyer if we can't afford one?

Anthony M. Avery answered on Apr 3, 2019

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... Read more »

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

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?

DCS placed the kids with my parents because of truancy and my sister's drug addiction. After a year, my parents were awarded custody. My sister was ordered the $150,000 in child support before that happened. My sister has co-occurring disorders, but hasn't gone to rehab and does not provide for the... Read more »

Leonard Robert Grefseng answered on Mar 28, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My daughters father hasn’t paid child support in 15 years. She just turned 17 yesterday. Can she go after child suppor?

We live in TN and he lives in Chicago.

Leonard Robert Grefseng answered on Mar 26, 2019

Yes, and she should act as soon as possible.

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

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 answered on Mar 25, 2019

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.

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

Q: In which state should a motion for modification of custody be filed?

Current custody order was finalized in GA approx 9 years ago, but minor child and CP have resided in TN since 2015. NCP has had no contact and provided no support for the last two years. NCP still resides in GA, but is currently incarcerated (in GA) awaiting trial regarding felony drug charges,... Read more »

Leonard Robert Grefseng answered on Mar 21, 2019

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... Read more »

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

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

What could I do.

Leonard Robert Grefseng answered on Mar 13, 2019

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.

1 Answer | Asked in Child Support for Tennessee on

Q: How far back do arrearages go. The custodial parent and I were not going through child support services for payments.

The child is now deceased. She went to court exactly one year from his death. He lived with me the last 3 1/2 years of his life. There was not a change through courts of a custodial parent. I have proof of him living with me through those years. I keep reading about the courts only going back five... Read more »

Leonard Robert Grefseng answered on Mar 11, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: I filed child support 30 years ago in Chicago Illinois I just located m daughter father in Nashville Tennessee do he

Still have to pay child support

Leonard Robert Grefseng answered on Feb 21, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My husband and I had a child together. My husband signed the birth certificate and now my ex boyfriend had filed

A petition requesting a DNA. How will this work?

Leonard Robert Grefseng answered on Feb 20, 2019

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...
Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My ex is 40k behind . He lives in Ok, We live in Tn. What can I do to enforce it.

Leonard Robert Grefseng answered on Feb 19, 2019

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...
Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: My son and his pregnant fiance live together? Will he have to pay child support?

Leonard Robert Grefseng answered on Feb 18, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: Does a motion need to be filed in order to stop child support in TN once the child graduates from High School?

Child turned 18 April 1, 2018 and graduated high school May/June of 2018. I continued paying child support until October of 2018 when I realized the rules are when they graduate high school and not after they turn 19. At least I hope this is correct.

Leonard Robert Grefseng answered on Jan 22, 2019

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... Read more »

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

Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and

Controlling In regards to our son.He’s been doing this after we left court on January 17th,2019.This was helpful my ex husband was there during to parent plan adjustment.He got 89 days out of 365 and only gets to decide extracurricular activities.He gets supervise visits every 2 weeks.I think the... Read more »

Leonard Robert Grefseng answered on Jan 22, 2019

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... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: Can child support figure out where you work

Anthony M. Avery answered on Jan 15, 2019

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...
Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: i am paying child support on my child, never missed a payment , I am legally still married to the mother

the mother no longer lives with our child but continues to spend the child support money on herself and receives food stamps.

Leonard Robert Grefseng answered on Jan 14, 2019

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... Read more »

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