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  1. #1

    Default Tennessee Child Support

    My question involves child support in the State of: TN

    I'm the non custodian parent. The TN DHS took about 14 months to come up with the new recalculated amount and to finally put it on paper. Throughout the 14 months, I was told I had to continue paying the old child support amount until the NEW recalculated amount took effect. That meant a total of 14 MONTHS of continous child support which ran up to about $7,000 out of my pocket. During this whole time, my child was already moved away to another state for college and was no longer even living with the mom. So in essence the mom continued to keep the money even though she knew ethically she shouldn't have even though the court papers weren't finalised yet.

    My question is: why should we continue to pay for more than a year when it was due to the incompetence of the TN DHS that took 14 months for the new recalculated amount to take effect? What irked me most was the fact that my child was not even living with my ex anymore so since the custodian parent isn't required by law to provide accountability on what the money is to be used, this entire deal doesn't sound fair AT ALL. I wouldn't feel as bad if I knew the money was going directly to my child and not to pay my ex's mortgage.

    I have two questions: Is there any way I can recoup the $7K I overpaid since it was the DHS's negligence? I understand states do not like to pay back money but I'm hoping they would apply that to the next child and having support stopped earlier.

    I would have understood if there was a few months delay but it took them OVER A YEAR ! That doesn't sound right. I kept a log of every conversation I'd with them. And everytime I talked to them, they gave me no answers, lied continously that they were processing my paperwork when in actual fact they weren't and which resulted in this huge delay.

    My question two is: do I need to file any Motion To Terminate Child Support in the state of TN since my last child will be turning 18 in April?

    Thank you to all..I'm seriously at my wits end and need any advice I can get.

  2. #2
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Tennessee Child Support

    Answer to Querstion #1: It reads to me like you need get DHS to aknowledge a Negative Arrears Balance (in this case $7000-) and then take your ex to small claims court, once the CS has been terminated.

    I don't know the amount you are paying, but once you have in writing that you have a -$7000 arrears balance you might want to work something out with the EX to basically end CS now (she hand over some or all of the checks back to you) and what is unpaid is forgotten when CS is legally terminated. This way everyone happier, and the stress of any delay termination will be a lot less stressful and actually good for you because it more money in your pocket. Unless you are hell bent on getting every penny back.....then go the small claims route and hope that works out for you.

    Answer to Querstion #2: Not sure what the procedure is, but if it took 14 month to adjust your payments, you want to start the process now so by april or HS grad (later of the two) the process has already been in motion and maybe it will end in by the end of summer. (I read somewhere some Courts/CS Agencies like waiting until the end of summer to terminate CS.) To give the child a chance to find a job or start college.

  3. #3
    Join Date
    Jun 2008
    Posts
    250

    Default Re: Tennessee Child Support

    u said child in college so i assume he is 18? really they cant force you to pay anymore or take your checks nor are you suppose to pay weekly anymore..But they can still take your taxes until amount paid or what not, they just cant enforce it...
    Once we hit 18 my dad terminated our child support order or i think it was done automatically, but he no longer had to "pay" even tho they still could take his taxes because he still had arreages

  4. #4
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Tennessee Child Support

    Quote Quoting itsjustme
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    u said child in college so i assume he is 18? really they cant force you to pay anymore or take your checks nor are you suppose to pay weekly anymore..But they can still take your taxes until amount paid or what not, they just cant enforce it...
    Once we hit 18 my dad terminated our child support order or i think it was done automatically, but he no longer had to "pay" even tho they still could take his taxes because he still had arreages
    Please stop answering questions. The OP is not currently in arrears, he has actually over paid but apparently has another child that will be graduating soon. None of what you have said has been helpful.

    The CS agency can legally take the money until there is a court order saying that the child support has been terminated. He cannot just stop paying arbitrarily, nor is it stopped automatically.

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