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  1. #1
    Join Date
    Feb 2013
    Posts
    1

    Default Auditing and Modification of an Existing Support Order

    My question involves child support in the State of: Tennessee

    Hello All,

    My question concerns an ongoing issue that i've been having with a child support order in Tennessee. I was ordered to pay child support 5 years ago but moved to Pennsylvania for a job shortly after establishing paternity. I've recently found out that my ex who initiated all this has since returned to court or called and requested the case against me be dropped. I know that she was on some type of government assistance for the first 3 or 4 years after our son was born but has since gotten married and is no longer on it or asking for any child support payments from me. The problem here is when they finalized the support order 5 years ago i was not in state to attend the hearing and without my supplied income they set it up to some kind of default and are now asking for somewhere between 40k - 50K which cant even be close to the right amount based on my true income.

    I've read (and can only assume) that in Tennessee if the female is on government assistance the father is required to pay all arrears in regards to the help she received through them and there is no way to get that dropped. My question is that since my ex has now dropped the case, hasn't been on government assistance in years, and has also informed them she no longer wants to receive any kind of child support payments, can i somehow request the court to audit and modify the support order to remove the excess amount of arrears they have been charging me from my income not being setup correctly and my ex's request to no longer receive child support payments?

    To make matters worse Tennessee is now garnishing my checks and i can no longer stay afloat. Id like to resolve this issue and pay my dues here but it appears they are racking up charges on me for things i either no longer owe them for or never owed them in the first place. There has to be a way to file a motion(s) with the court (preferably without an attorney because i cant afford one) so they will quash the wage garnishments and set up a reasonable payment plan that allows me to start paying them what i really owe them and also get back on my feet at the same time.

    Any help would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Auditing and Modification of an Existing Support Order

    The thing is, you were imputed an income and you weren't there to object. You can't even appeal at this point.

    The State wants their money.

    What you "really" owe, is the amount they're saying - because you slept on it, basically.

    Now, if any arrears are owed to your ex, she can forgive them. But if you owe the State, they'll take whatever they can take from you.

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