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... View More 
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... View More
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... View More
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!
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?
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" -... View More
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... View More
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... View More
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?
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... View More
Does the child support still have to be paid? In Chattanooga TN
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... View More
My son is going to be 18 in September and has Aspergers
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... View More
He will graduate this coming year and be 18 in January.
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.
I initiated the case in TN as that is where my daughter and I live. Father(NCP) was living in NY state at the time. NY filed the paperwork and ordered him to have employer pay weekly as well as cover daughter with medical insurance. This worked fine until my ex willfully quit his job and moved... View More
answered on Jun 17, 2019
Tennessee- they will let New York know to cease efforts and Tennessee will need to send the order to Arkansas for enforcement.
We are Not married and do not live together. Our son will be 2 in August and I am pregnant with our second. I would not mind meeting with him in a public place or going to his home with him and being present while he visits with our son. I just have a lot of concerns about allowing our son to go... View More
answered on Jun 6, 2019
The short answer is without a court order, you do not have to allow the father to spend any time with your children.
Tennessee is what is commonly referred to as a “Mother’s state”. This simply means that when children are born out of wedlock, the father has no rights to parent the... View More
I keep getting told that the state of Mississippi is having trouble finding him. So my question is how can he get served?
answered on Jun 6, 2019
You could hire a private process server to track him down and serve him. You would have to pay the process server. My firm has worked with Rhino Surveillance in the past and found them quite professional and reliable. https://rhinosurveillance.com
Good luck!
I keep getting told that the state of Mississippi is having trouble finding him. So my question is how can he get served?
answered on Jun 6, 2019
Sorry, but there is simply no easy answer- in order for the Judge to proceed, the court rules require that he be served/be notified of the lawsuit. In rare cases, it may be possible to convince the Judge that the person is "evading" service of process ( that is, that the person is... View More
answered on Jun 5, 2019
I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!
answered on Jun 5, 2019
I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!
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... View More
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... View More
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
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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... View More
She is 19yrs old will graduate next month.
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... View More
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... View More
answered on Apr 17, 2019
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
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... View More
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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.
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?
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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... View More
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