Tennessee Child Support Questions & Answers

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

1 Answer | Asked in Family Law and Child Support for Tennessee on
Answered on Mar 13, 2019
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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Mar 11, 2019
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...

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 21, 2019
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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 20, 2019
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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 19, 2019
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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Feb 18, 2019
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...

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 22, 2019
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...

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

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Jan 22, 2019
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....

Q: Can child support figure out where you work

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin 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.

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

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 14, 2019
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.

Q: If a father gives mother money before court order receipt is wrote child support and or dr bill. Does it count or gift?

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Jan 4, 2019
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.

Q: If my daughter's father is behind on child support and our child turns 18/graduates, does the support stop?

1 Answer | Asked in Family Law and Child Support for Tennessee on
Answered on Nov 19, 2018
Leonard Robert Grefseng's answer
the obligation for CURRENT support ends, but the arrears remains owing. You should seek to have the arrears reduced to a Judgment.

Q: My son is 17 & just moved with me he'll be 18 in 3 mths but won't graduate from HS until 2020. How do stop child support

1 Answer | Asked in Child Support for Tennessee on
Answered on Nov 7, 2018
Leonard Robert Grefseng's answer
All courts work on written requests, sometimes called a "complaint" or "petition" or "motion." In your case it sound like the proper paper to file with the court clerk where your divorce case took place would be a "petition to modify the parenting plan." I assume the boy had been living with the other parent. If so, you must get court approval of that arrangement ( it does not have to be a battle, your ex can agree to the change). You and he/she can't just change things on your own- the Court...

Q: Can a father sign over his rights just to get out of paying child support? He will claim he dosen't have a regular job.

1 Answer | Asked in Child Support for Tennessee on
Answered on Oct 17, 2018
Leonard Robert Grefseng's answer
If I understand the situation, the answer is NO: you can sign away ( the proper legal term is "surrender") your parental rights ONLY if someone else is willing to adopt the child and therefore assume the responsibility of supporting the child. You can't just sign to avoid the payment of child support. An adoption terminates only the current or existing support, it does NOT terminate any past due or arrears in the support.

Q: Is there any way to pay your child support obligations in full ... could you pay all 18 years in a lump sum?

1 Answer | Asked in Child Support and Family Law for Tennessee on
Answered on Oct 1, 2018
Leonard Robert Grefseng's answer
No, the support is a continuing duty, which is subject to modification ( meaning increases or decreases) as circumstances change. Any "extra " support can be deemed a "gift." The general rule is : pay the required amount on time, every time, not a penny more, but not a penny less.

Q: I have arrears in child support. Around 34,000 to be exact, but Do I need a lawyer to lower the percentage rate?

1 Answer | Asked in Child Support for Tennessee on
Answered on Oct 1, 2018
Leonard Robert Grefseng's answer
Sorry, but you haven't provided enough information to provide an accurate answer- I am not sure what you mean by "percentage rate."

If you mean the interest on the arrears- that is set by state statute and therefore it can't be lowered. I suspect your situation is more complicated, so YES, consult an experienced family law attorney for specific advice on your situation.

Q: If my son turns 18 in April and graduates in May, does support terminate automatically? Or do I need a court order?

1 Answer | Asked in Child Support for Tennessee on
Answered on Sep 25, 2018
Leonard Robert Grefseng's answer
If you are paying by wage assignment, it is sometimes necessary to get a court order to convince the employer to stop the wage assignment. If you are paying directly, you can simply stop paying on the graduation. It might be wise to warn the recipient that you intend to stop payments at that time to make sure they agree that there is no arrearage.

Q: The father and I have gotten married. Is there a way to stop the child support payments since we are married now

1 Answer | Asked in Child Support for Tennessee on
Answered on Sep 24, 2018
Leonard Robert Grefseng's answer
You need to contact the child support enforcement office in your county ( In Tennessee, it is part of the District Attorney's office) and tell them your situation. If you are off public assistance, it's likely your can terminate your child support case. If you later get divorced, the divorce court can again set child support ( assuming you are the primary residential parent - "custody" is no longer a proper term).

Q: I'm paying child support but she refused to let me see them.

1 Answer | Asked in Child Support for Tennessee on
Answered on Sep 17, 2018
Leonard Robert Grefseng's answer
Insufficient information to enable a response. Was there a divorce? check your parenting plan. If you were never married- how was paternity established- DNA tests or voluntary acknowledgment of paternity (VAP) .

If paternity was established, then you should file a petition to establish a parenting plan. You are entitled to have time with the child/children and if you and the mother can't agree on a schedule for that, the Judge will decide a schedule for you and you both will be bound by...

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