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Empowering Parents – Tools for Enforcing Child Support

by Child Support
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What Can You Do

The first thing you should do when your co parent is not paying Child Support is open a line of communication. Try to first understand why they were not paying their obligated child support. If you cannot get into contact with the other parent and are still in the midst of legal procedures, you should file a Motion To Compel or even a Petition of Contempt. These filings are the easiest and most simple way to make somebody comply with court orders such as child support. However, these are short term solutions that are not available for every person getting paid child support. Here are some other resources and actions you can take to enforce your child support order.

First Things First

Remember to always be courteous and respectful to the other parent, even when it’s hard, and even when they aren’t there. If you’re unable to get into contact with your co parent and are not in an active court case the first thing you should do is report the delinquent parent to DHS or your local county child support office, they will assist in helping you take steps to enforce your child support order. Depending on the case and situation, the officials will choose the best action to take to enforce the order. Of course, each case is unique in its components and elements, and will be considered carefully before a course of action is taken.

Legal Procedure

In litigant procedures like divorce, child custody and support are determined in parenting plans pursuant to T.C.A. 36-6-404. If you file a petition or motion, the other parent may contest petitions or motions with council, or pro se. Courts in Tennessee favor neither the mother, nor the father, but rather the child. In a juvenile case, the courts will follow through with a plan of action that best supports and benefits the child(ren) and their wellbeing. Modifying an existing parenting plan is always possible and either parent can go back and file for a modification of a parenting plan. If your child is not getting the care they deserve, consider pursuing legal action. Give our office a call for the best chance.

Enforcement Options

You may file a Petition of Contempt in your active case if your co parent is not paying the ordered child support, or you may open up a new case if you do not have one already. Other options include, but are not limited to:

  • Wage Garnishment –  When the delinquent parent’s employer withholds a percentage of their check to give to the county to send to the custodial parent
  • Intercepting tax returns – IRS will deduct a percentage of tax returns to offset outstanding balances. Any parent who owes more than $500 dollars to the support case, they are automatically subject to the “Tax Refund Offset Program.’
  • Liens on properties – DHS can issue liens on any properties and assets in your name. If you owe child support and withhold those funds knowingly and needlessly, the county can issue a lien on your assets, like a home, a car, a boat, bank accounts, etc. 
  • Seizing properties – DHS is capable of data matching and will do so when necessary. If there is an active lien on a property and the non-custodial parent still withholds payment, the county can seize and sell properties to fulfill the child support obligation.
  • Seizure of bank accounts – DHS, using the same data matching technology can also freeze or seize bank accounts, bonuses, retirements, social security, disability, retirement etc. Anything you have financial ownership of is subject to seizure or deductions.
  • Seizure of licensure – DHS is also capable of freezing licenses. Driver’s licenses are most commonly frozen, of course, but other licenses like medical or legal practice licenses, aviation licenses and more are all subject to seizure when you knowingly and needlessly avoid your child support obligations.

Resources

There are so many resources available for single parents, especially single mothers. There are resources available for parents who’ve broken up but understand the importance of stepping up to raise their child. These are just some;

Summary

Parents missing or skipping out on their child support obligation is all too common, and thankfully there are resources available and actions you can take to pursue what’s best for your child. It takes a village to raise a child, let us be a part of yours and give us a call today! We here to help and support you through your legal procedures in any way we can.

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Determining Finances – Navigating the Elements of Child Support

by Child Support
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Introduction

There are many factors to account for when determining Child Support between two parents. The court will look at things like annual income, the number of children, the child’s relationship with the parent, which parent is the custodial parent, or other similar factors listed in the Child Support Guidelines. Custody is also another factor the courts consider, and it may be the most important one. In a divorce you may be able to split the home value, assets, or other property, but you can’t split your children. Here in Tennessee, both parents are expected to care for and participate in their minor child’s life, mentally, physically, and financially, until they reach the age of majority.

Process of Petitioning for Child Support

To file for Child Support, paternity must first be established. This is because Child Custody and Support in Tennessee will always encourage both parents to take an active role in their child’s life, and determining paternity ensures the child will form a bond with their ‘natural parentage’. Once paternity has been established, you can file a petition with your local Juvenile or Chancery Court. The court will schedule a hearing, with notice of service to the other party as required per Local Rule 4. There, you and your child’s other parent must make a case for and against the petition. You and your co parent may reach an agreement without using mediation or vicious court battle, making the process smoother and simpler for you, however that is not the common case.

Factors That Affect Child Support Determination

There are numerous factors that contribute to how Child Support is determined in Tennessee, but the most important ones are, but not limited to:

  • The number of children being supported – One factor listed is the number of children the paying parent is financially supporting.
  • How much parenting time each parent has – Another, very important factor, is custody, and how much parenting time each parent has. The less time a parent is caring for the child, the more the parent is required to pay.
  • The age of the child(ren) – If your kids are younger, there are additional expenses such as diapers and daycare parents have to worry about.
  • Each parent’s separate monthly income – Each parent’s separate monthly income is an important factor in terms of actual financials. If the primary custody parent makes less, but cares more for the child, the alternate custody parent will end up paying more in Child Support. If the alternate custody parent makes more, but cares for the child less, then they will have to pay more in Child Support.
  • Child Care expenses – Childcare expenses includes food, housing, toys, clothes, etc. This factor covers each possible expense for a child
  • Medical expenses – Medical expenses may include pediatrics, dental, optometry, and other medical visits. If parents do not have insurance or insurance does not cover everything, the uninsured remaining balance will be split between the parents according to their permanent parenting plan
  • Educational and extracurricular expenses – This factor mostly pertains to older children in sports and other extracurricular activities and how parents are to split payment, or children who may attend private schools or take private lessons.

There are deviations from time to time, case specific details that alter the outcome of the proceeds, like a parent with an unusually high income, or parents who live far away from one another. Those kinds of details will affect the case tremendously, and should be presented to the court regardless of if it benefits you or not. Being honest and open with the court may open doors for you later in the case.

Why Is Custody So Important 

Custody, alongside the gross monthly income of parents are the two biggest deciding factors in Child Support cases. The more you make, the more you pay. In any custody case, a Permanent Parenting Plan, or PPP, is drafted. In this PPP, you and your co parent will designate times and days in which each of you will have your child(ren), which parent will pick up and drop off the child, which parent is responsible for medical visits, and other things of similar nature. The PPP will also designate the ‘Primary Residential Parent’ (PRP) and the ‘Alternate Residential Parent’ (ARP). The PRP is the parent with the most time spent caring for the wellbeing of the child, while the ARP is the parent who spends less time caring for the wellbeing of the child. Even counting the amount of money each parent makes, the ARP will always pay the PPP, never the other way around. The less time you spend with the child, the less you are caring for them, and thus the less you are spending on them. 

Enforcing Child Support Orders

There are a couple ways to enforce an issued Child Support order, even if the ARP is unwilling. If a parent is unwilling to pay the designated child support obligation, you should first file a Motion to Compel, if you are in an active court case. If you are not, you should report the delinquent parent to DHS, so that they may go through the proper channels and enforce the order. Some common financial penalties include:

  • Wage Garnishment
  • Seizing invested assets
  • Intercepting Tax Returns
  • Placing liens on properties
  • Seizing bank accounts

These actions are made in an attempt to force the ARP to pay their Child Support Obligation. Other penalties include revoking driver’s license or short jail time, however those are more serious punishments for delinquent parents who have not paid their child support for a long time, or for multiple children. 

Conclusion

Child Support is determined according to factors set forth in Tennessee Code Annotated § 36-5-101. Among those factors, custody and income are the biggest and most important. Child Support is vital and necessary when raising a child, it ensures the child will be properly cared for, and ensures they will get everything they need. The process of obtaining child support may be difficult sometimes, but it’s worth it in the end, because it’s for your kid. If you need help filing or modifying your child support order, contact our office today. Our attorneys have years of experience and look forward to working with you!

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.