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Tennessee Child Support Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: I have a court order but ex has never paid child support through the courts. Why has he never been flagged?

Divorced my child’s dad in 2013 (child was 2). Court order was to pay through the courts. He has never paid anything through the courts and only randomly pays me directly when it’s convenient (no where near ordered amount). Why has the state not flagged him? What do I have to do to get his... Read more »

Paul E. Tennison
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Paul E. Tennison
answered on Apr 10, 2020

You should consider consulting with a family law attorney. I am unsure of the answer to your first question. The state does look into child support matters and there is a child support enforcement office in Davidson County. Have you tried speaking with them? You could file a Petition to hold the... Read more »

1 Answer | Asked in Criminal Law, Child Support, Constitutional Law and Construction Law for Tennessee on
Q: What does violation of conditions of community supervision mean
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
answered on Apr 8, 2020

It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: If a child is an adult now but there is arrears owed, can a one time cash settlement be made?

This is for a female family member that owes back support.

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 1, 2020

It is not very likely that a negotiated settlement will be accepted if the state is involved. Arrears are arrears and only the total amount owed will satisfy the judgment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My fiance's ex wife is keeping his son from him on his weekends due to the coronavirus. Is there anything we can do?

She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she... Read more »

Shanone Emmack
Shanone Emmack
answered on Mar 24, 2020

We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... Read more »

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1 Answer | Asked in Child Support for Tennessee on
Q: Yes I work in the hospitality industry JW Marriott Nashville I’ve been furlough worried about making my child support ?

I don’t know what to do as a faithfully paying father of child support I don’t want to be in trouble over something out of my control

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 23, 2020

In order for the Court to hold you in contempt, it has be shown that you had the ability to pay and willfully failed to pay.

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Can I have my case payments split between my kids father and I?

My mother had custody of my 2 daughters because I was incarcerated but when I got out of jail, I got full custody back. My mom received family first. Why does the child support office only come after me to pay the state back and not their father?

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 23, 2020

If the father has legitimated the children, then he should pay child support. If not, then a petition to establish paternity should be filed and child support ordered.

1 Answer | Asked in Child Support for Tennessee on
Q: I was never served papers or informed that i had to pay child support. Why are they taking from my paychecks?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 15, 2020

It's possible, but unlikely, that there was not good service of process for notifying you of any child support hearing. It's likely the service of process rules were followed, you still didn't learn about the court date, and a default judgment was taken against you.

It's...
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3 Answers | Asked in Child Support for Tennessee on
Q: Does Tennessee not consider how much you have to pay out to live before taking child support out? Rent, phone bill etc.
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Mar 3, 2020

Tennessee is a shared income model that compares the parties' relative gross income, the number of days each has with a child and a few other things such as health insurance premiums. The cost of living for each parent is already considered in the formation of the guidelines. We have to use... Read more »

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1 Answer | Asked in Child Support for Tennessee on
Q: Why does my kids dad wife have the right to have insurance on our kids? Yes he works

I thought when a person gets married their income becomes one. I'm not understanding why I can't take both to court for support. She has insurance on our kids, why does she have the right to do that but doesn't have rights over our kids?

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 21, 2020

A stepparent may take out insurance policy on the children of their spouse as the children are considered dependents of the biological parent and that person's spouse (at least for insurance purposes). She has custodial/guardianship rights and obligations granted by the stepparent... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Hello my kids dad is married. Do the child support count both of their incomes since they're married?

My kids dad is married do support comes from both since he's married? Can I take them both to court?

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Feb 21, 2020

Only your income and his income is included in the calculation. His wife's income is not included. No, you cannot take his wife to court because she has no legal rights or responsibilities to your child.

1 Answer | Asked in Child Support for Tennessee on
Q: Is a parent considered "current on child support" if there are arrears?

My ex husband fell behind on his child support for a few years and is now paying the regular support plus a few dollars in arrears each month. The support order says he can use the child as a deduction only if he is current on child support. Is he considered current, if he still owes $6000 in... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Feb 6, 2020

No, his is not current. If he was current the arrears would be "zero."

1 Answer | Asked in Child Support for Tennessee on
Q: I have $500 in arrears for Child Support in TN. Will they with hold my income tax?

I am paying more than I am supposed to pay on my Biweekly payments through my employer to make up for the arrears. I would like to know if the State of TN will withhold that amount of my income taxes.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2020

It is a very good chance that the State will grab any Tax Refund due you. Change your W4 now to claim some exemptions. Tax Refunds are bad, creating an asset for certain outfits to grab. If possible do not file your Return for awhile, but still pay any income taxes due.

2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: If my ex and my son still live with me after the divorce is final. When do I have to start paying child support?

Even if the ex wife and son are still both in my home?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 30, 2020

The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court... Read more »

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1 Answer | Asked in Child Support for Tennessee on
Q: My daughter is 18 now and has two kids and he still owes back pay child support will I still get my back pay

If so how do I go about getting it because he's not paying

Bennett James Wills
Bennett James Wills
answered on Jan 29, 2020

Consult local counsel. It is unclear why you would be entitled to child support if your daughter, who is now 18, is the mother of the kids.

1 Answer | Asked in Child Support for Tennessee on
Q: My husband is in jail for child support in one county an he has a hold on him in another county

For child support will be do a year instead of 6 months

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Jan 27, 2020

Was the incarceration because of the child support issue from a civil or criminal contempt?

The child support issues, regardless of whether incarceration was civil or criminal, are completely separate from any other issues causing him to be held in jail.

However, it seems unlikely...
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1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Child support unique situation. I intend to avoid knowing reprecussions.

Non-married, child. 12/15 breakup. Verbal agreement 50/50 sharing. I paid for 80%+ of food, toys, clothing, etc. Everything good. They popped another child out 10/16 and another one 10/17 with partner. Bad financial management led to them getting evicted, 03/18. Provided ex and children a roof over... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 22, 2020

If you are sued by your ex for child support and are properly served, and then you fail to respond, be it in Tenn. or Fla., you'll likely end up with some kind of default order against you. Which can lead to further issues. Best not to ignore lawsuits if one is filed--things usually just get... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: how to get a copy of a court order
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 9, 2020

You must go to the office of the court clerk- there will be a charge of the copy and an extra charge if you want the copy to be "certified" ( verified as accurate). You will need the exact names of the people/entities involve in the case or the case number to assist the clerk in finding... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Can i be obligated to pay more than what my divorce papers say for child support?

My divorce papers quote a price to pay. I have verbally agreed in the past to pay my ex more money when i had a better paying job. I now dont have that job. Can she obligate me to pay that verbal price even though no paperwork was ever filed saying to pay that set price?

Bennett James Wills
Bennett James Wills
answered on Jan 6, 2020

You only need to pay what the court orders.

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